Hodes v. Director of Revenue
Hodes v. Director of Revenue
Opinion of the Court
Donald M. Hodes was arrested, according to the allegations of his petition, on September 23, 1984 and was charged with driving a motor vehicle while under the influence of alcohol. Hodes had been observed by a police officer to drive his vehicle over a curb, the initial stop having been for careless driving. A chemical breathalyzer test was subsequently administered to Hodes and he was found to have a blood alcohol concentration of .15 percent. Notice of driver’s license suspension was issued pursuant to §§ 302.500-540, RSMo.Cum.Supp.1984 and the suspension was affirmed on administrative review.
A de novo trial in the circuit court resulted in a reversal of the suspension order and the Director of Revenue has appealed. The sole issue in the case is respondent’s contention the suspension proceedings were invalid because no showing was made of probable cause to believe, at or prior to the time of respondent’s arrest, that his level of intoxication equalled or exceeded the statutory level of .13 percent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.