Court of Appeals of Missouri, Eastern District, First Division
from the Circuit Court of St. Louis County. 14SL-AC00530.
Honorable Dale W. Hood.
APPELLANT: Rachel M. Jones, Missouri Department of Revenue,
Jefferson City, MO.
RESPONDENT(s): Chastidy Rebecca Dillon-Amelung, Clayton, MO;
Daniel Joseph Bruntrager, Co-Counsel, DILL, BAMVAKAIS &
NEWSHAM, P.C., Clayton, MO.
Hoff, Judge. Robert G. Dowd, Jr., Presiding Judge and Roy L.
Richter, Judge, concur.
Director of Revenue of the State of Missouri (the Director)
appeals from the trial court's entry of judgment
reinstating the driving privileges of Michael Auck (Driver)
after his privileges were revoked by the Director pursuant to
Section 577.041 RSMo 2000.
We reverse and remand.
and Procedural Background
January 1, 2014, Officer Scheetz and Sergeant Hagen of the
Sunset Hills Police Department were dispatched to Helen
Fitzgerald's pub regarding a peace disturbance involving
a vehicle that almost struck a pedestrian. Officer Johnson,
also of the Sunset Hills Police Department, who was on an
unrelated call at the Days Inn at the same address, responded
to the pub after completing his assignment there. Officer
Johnson then contacted Officer Scheetz, who informed him that
he had obtained statements from three employees of the pub
all of whom reported observing a person driving a silver
truck out of the bar's parking lot, and observing that
same person return to the parking lot in the truck
approximately 15 minutes later, at which time one of the
witnesses contacted the Sunset Hills Police Department. The
three witnesses' written statements were collected and
kept as evidence.
the witnesses, Gregory Waltman (Waltman), identified a silver
truck as the vehicle being driven by Driver. Officer Johnson
asked Waltman if he could identify the driver of the truck,
and Waltman immediately looked in the direction of Driver,
who was standing next to Officer Scheetz, pointed at Driver,
and stated " the gentlemen next to the Sunset Hills
Police Officer (Scheetz)."
Johnson then approached Driver and informed him that people
were saying he was driving recklessly in the parking lot.
Officer Johnson noticed Driver was speaking loudly, used
profanity, and seemed angry. Driver's speech was slurred,
his eyes were watery and bloodshot, he smelled strongly of
alcohol, and he was swaying considerably from side to side.
When asked why people were saying he was driving recklessly,
Driver stated he parked his truck a while ago and had been at
the bar all night. Driver stated he did get into an argument
with a friend earlier, but that " he never left the
parking lot that he could remember."
Johnson asked Driver if he had consumed any alcohol before he
drove away from the pub. Driver did not deny that he drove
away from the bar, and replied, " Of course I have been
drinking it is New Years." Officer Johnson then asked
him if he had consumed any intoxicants after he returned to
the pub. Driver replied that he did not because the bouncers
would not let him back in the bar. However, Driver did not
deny that he had returned to the bar in his vehicle. Based on
Officer Johnson's observations of Driver, he asked Driver