Booth v. Director of Revenue

LAWRENCE E. MOONEY, Judge.

The Director of Revenue (“Director”) appeals the trial court’s setting aside of Barbara Booth’s (“Driver”) suspension of driving privileges. According to Director, the trial court’s judgment finding Driver’s blood alcohol content below .10% was a misapplication of law and against the weight of the evidence in that: (1) Driver never proved that her breath alcohol concentration was less than .10% or that the breath analyzer had malfunctioned; (2) Driver’s breath test result was .182%, which cannot be rebutted by extrapolating a blood alcohol result in violation of the…