Legal Opinion

Nesbitt v. Director of Revenue

Missouri Court of Appeals

Decided December 15, 1998No. ED 74049PublishedCited by 4 opinions

1Opinion of the Court

LAWRENCE E. MOONEY, Judge.

This is an appeal of the suspension of appellant’s driving privileges. The Director of Revenue (Director) suspended Brian L. Nesbitt’s (Driver) driving privileges pursuant to Section 302.505, RSMo 19941 for driving •with a blood alcohol content of at least .10 percent. The trial court upheld the suspension. Driver appeals on the basis that the trial court erred in admitting the blood alcohol content test results. We reverse.

FACTS

On June 1, 1998, Driver was involved in a one-car accident on Interstate 44. A Missouri State Highway Patrol Trooper (Trooper) arrived on…

2Cases cited12 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. State v. Bingham, Texas Court of Appeals, 10th District (Waco)1996
  3. Gooch v. StateCourt of Appeals of Georgia · 1980
  4. Speers v. CommonwealthKentucky Supreme Court · 1992
  5. State v. SetterMissouri Court of Appeals · 1988

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Clark v. Director of RevenueMissouri Court of Appeals · 2004
  2. State v. GreenSupreme Court of Iowa · 2004
  3. Neeley v. Director of RevenueMissouri Court of Appeals · 2003
  4. Francis v. Director of RevenueMissouri Court of Appeals · 2002

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