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Cox v. Director of Revenue | 98 S.W.3d 548 (2003)
If an intoxicated person sits behind the wheel of a motionless car with the engine running, would you say the person is operating the car? One man’s driving privileges depended on the court’s answer to that question in Cox versus Director of Revenue.
In nineteen ninety-eight, a Missouri police officer found Steven Cox asleep or unconscious in the driver’s seat of a parked car. The keys were in the car’s ignition, and the car’s motor was running. When the officer knocked on the window, Cox woke up, looking disoriented. When Cox lowered the window, the officer smelled alcohol on Cox’s breath and saw a glass of brown liquid between Cox’s legs.
The officer asked Cox to turn off the ignition and exit the car. Cox failed a sobriety test, and the officer arrested Cox for driving while intoxicated. A breath test showed that Cox’s blood-alcohol content was point one eight percent.
The Missouri Director of Revenue suspended Cox’s driving privileges under a state statute that, at the time, required the director to suspend a person’s license if an arresting officer had probable cause to believe the person was driving a vehicle with a blood-alcohol content of at least point one percent. Cox requested a trial in state circuit court. At trial, Cox argued that the officer didn’t have probable cause because the officer never saw him driving or operating the car.
The circuit court concluded that the director improperly suspended Cox’s driving privileges. The appellate court reversed, and the Missouri Supreme Court granted transfer of the case to review the circuit court’s decision.
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