Endsley v. Director of Revenue

I respectfully dissent. There was other competent and substantial evidence of the defendant’s blood alcohol level in excess of the legal limit. See Reinert v. Director of Revenue, 894 S.W.2d 162 (Mo. banc 1995). More importantly, I do not agree that the mechanical failure to check a box on a report is substantial evidence that the officer failed to perform the test in light of his unequivocal and unchallenged testimony that he did perform the required check, and the lack of any evidence that the simulator malfunctioned. See Hurley v. Director of Revenue, 982 S.W.2d 694 (Mo.App.1998); Anderson…