Cox v. Director of Revenue

98 S.W.3d 548 · Supreme Court of Missouri · 2003

Facts

On Saturday, August 15, 1998, at 10:20 p.m., a police officer discovered Steven R. Cox sleeping or unconscious in the driver's seat of a vehicle in a gas station parking lot. Cox was the only person present, and the keys were in the ignition with the motor running. Upon awakening Cox, the officer observed a strong odor of alcohol, bloodshot eyes, disorientation, and a glass of brown liquid. Cox failed sobriety tests and was arrested for driving while intoxicated. He admitted to operating the vehicle, and a breath test showed a blood alcohol content of .18 percent. The Director of Revenue subsequently suspended Cox's driving privileges.

Procedural history

The circuit court ruled that the Director of Revenue improperly suspended Cox's driving privileges. The Director appealed this ruling. After an opinion by the Court of Appeals, this Court granted transfer to review the case.

Issue

Did the police officer have probable cause to believe that Cox was "operating" the vehicle, as defined by statute, to justify the suspension of his driving privileges?

Holding

Yes, the officer had probable cause to believe Cox was operating the vehicle. The Director of Revenue properly suspended Cox's license, and the circuit court erroneously applied the law.

Rule

Under section 302.505, the Director must suspend a driver's license if there was probable cause to believe the person was driving a vehicle with a BAC of at least .10%. The term "driving" is defined as "physically driving or operating a motor vehicle." The legislature removed "actual physical control" from the definition in 1996, narrowing its scope. The court defines "operate" as "to cause to function usually by direct personal effort: work (~ a car)." Probable cause for operating a vehicle exists when the key is in the ignition, the engine is running, and a person is behind the steering wheel, even if sleeping or unconscious.

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