Based on his poor performance on the field sobriety tests, Officer Taylor arrested driver for driving while intoxicated. After being advised of his Miranda rights and the Missouri Implied Consent Law, driver refused to submit to a breathalyzer test. After the matter was submitted on the record, the commissioner concluded that the arresting officer did not have probable cause to arrest driver for driving while intoxicated. The commissioner recommended that his driving privileges be reinstated. The circuit court adopted the commissioner's recommendation and entered a judgment, ordering Director to reinstate driver's driving privileges.
Director now appeals.
In the single point on appeal, Director contends the circuit court erred in reinstating driver's driving privileges because it misinterpreted the law and its decision was against the weight of the evidence. Director argues it proved a prima facie case supporting the revocation of driver's driving privileges because it offered evidence showing the arresting officer had reasonable grounds to believe driver was driving while intoxicated, and driver refused to submit to a breathalyzer test. Therefore, the decision will be affirmed unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. In determining whether there are reasonable grounds, the court must evaluate the situation from the viewpoint of a cautious, trained and prudent police officer at the time of the arrest. The court found driver had refused the test, but found the arresting officer had no reasonable grounds to arrest driver for driving while intoxicated.