Mark J. Hinnah, Respondent v. Director of Revenue, Appellant

Summary

The Supreme Court of Missouri affirmed restoration of Hinnah's driver's license because the trial court was entitled to find that the arresting officer lacked probable cause to believe Hinnah was driving while intoxicated. The court held that a post-revocation hearing concerns whether the officer had reasonable grounds for that belief, not whether the licensee actually was driving, although evidence of non-driving may bear on the reasonableness of the officer's belief. Chief Justice Limbaugh, dissenting, would have found the evidence of probable cause uncontroverted and upheld the revocation.