David Paul Strode v. Director Revenue

The Director of Revenue appeals from a judgment of the circuit court reversing the administrative suspension of respondent's driver's license pursuant to the Administrative Suspension and Revocation Act, §§ 302.500 to 302.540, RSMo 1986. The trial court found that respondent's arrest, under a municipal ordinance, was invalid for the reason that the requirements of § 577.039, RSMo 1986, had not been met by the arresting officer. A unanimous panel of the Court of Appeals reversed. We granted transfer, Mo. Const. art. V, § 10, to determine whether an administrative revocation of a driver's license could be based on an invalid arrest. Because we find that respondent's arrest was not invalid on the grounds preserved by respondent, we do not reach the issue upon which we granted transfer. The judgment of the trial court is reversed and the cause is remanded with directions. I.