DWI
Reasonable grounds shown
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On appeal from the director of revenue’s revocation to circuit court, the director had the burden of proving that law enforcement arrested the appellant driver under reasonable grounds to believe that the appellant was driving while intoxicated. Reasonable grounds meant probable cause. Probable cause included the appellant’s speed over 30 mph beyond the speed limit and crossing center line and fog lines multiple times while fleeing an officer’s pursuit. Whether that arrest included probable cause to believe that driver was intoxicated did not matter because additional signs of intoxication appeared, resulting in a second arrest. Those signs included vomit on driver’s shirt, inability to stand unaided, glassy and bloodshot eyes, the smell of alcohol, and an uncooperative and belligerent attitude. The circuit court revoked driver’s license and the Missouri Court of Appeals affirmed that judgment.Â
Daniel Andrade-Arellanos vs. Director of RevenueÂ
Missouri Court of Appeals-Western District – WD87757
