Shane Adam Carter v. Director of Revenue, State of Missouri

The Director of Revenue (“Director”) appeals a trial court judgment setting aside the revocation of Shane Adam Carter’s (“Carter”) driving privileges. Director argues that the trial court erred in excluding the results of Carter’s breath test for the stated reason that the bréath testing device was not properly calibrated pursuant to a Department of Health and Senior Services (“DHSS”) regulation in effect at the time of Carter’s arrest. Because a separate legal rationale established by the record and not challenged by the Director independently supports the trial court’s determination that it…