Phelps v. Director of Revenue

GARY M. GAERTNER, JR., Judge.

Introduction

The Director of Revenue (DOR) appeals the judgment of the trial court in favor of Respondent Jeremiah Joseph Phelps (Phelps), which found the DOR failed to prove Phelps’ blood alcohol content (BAC) was above the legal limit. The DOR argues the trial court erroneously excluded admissible evidence of Phelps’ BAC. We reverse.

Background

On August 16, 2009, Phelps was arrested for driving while intoxicated (DWI), by Missouri State Park Ranger Todd Shearrer. Ranger Shearrer took Phelps to the Washington County Sheriffs Office, where Officer Matthew Skaggs…