The commissioner recommended that Marsey's driving privileges be reinstated. The circuit court adopted the findings and recommendations of the commissioner as the judgment of the court. The Director appeals from this judgment. Director argues in the sole point on appeal that under section 577.041 the trial court erred in setting aside Marsey's revocation. We first address whether the officer had reasonable grounds to believe that Marsey was driving a motor vehicle in an intoxicated condition.
Reasonable grounds is virtually synonymous with probable cause.
The uncontroverted testimony of a police officer that an individual admitted to driving a vehicle constitutes reasonable grounds to believe that the individual was driving a vehicle. In the present case, Marsey told the officer he was driving the vehicle involved in the accident. In addition, one of the security officers and the passenger told the officer that Marsey was driving the vehicle. Marsey admitted to drinking alcohol. The officer smelled a strong odor of alcohol on Marsey's breath and observed that Marsey's eyes were watery, bloodshot and dilated.