Mullen v. Director of Missouri Department of Revenue

JAMES EDWARD WELSH, Presiding Judge.

The Director of Revenue appeals the circuit court’s judgment setting aside the Director’s suspension of Michael J. Mullen’s driving license for driving while intoxicated. The circuit court found that the Director did not establish that the arresting officer had probable cause to believe that Mullen was driving while intoxicated. The Director contends that the circuit court’s judgment is against the weight of the evidence and misapplies the law. We disagree and affirm the circuit court’s judgment.

The evidence established that, on the evening of June 13,…