Wilcutt v. Director of Revenue

SHERRI B. SULLIVAN, Judge.

Director of Revenue (“Director”) appeals from the trial court’s judgment reinstating the driving privileges of Roy M. Wilcutt (“Driver”) and setting aside Director’s order suspending Driver’s driver’s license under Section 302.5051 for driving a motor vehicle with a blood alcohol concentration of at least .10% by weight. The trial court found that Director failed to sustain his burden of proof for the admissibility of Driver’s breathalyzer test results. We reverse and remand.

On May 14,1998, a Missouri State Highway Patrol officer stopped Driver’s car for a broken…