Thomas v. Director of Revenue

The Director of Revenue (Director) appeals an order reinstating the driver’s license of Layne Thomas following a trial de novo under the administrative suspension and revocation provisions of sections 302.500-.540, RSMo 1986 (repealed). On appeal, the Director claims error in excluding a maintenance report on the breathalyzer machine used for testing Mr. Thomas. At issue is whether that maintenance report was admissible as a business record.

We reverse and remand for new trial.

Section 302.505.1 requires the Department of Revenue to suspend or revoke the driver’s license of a person arrested on…