Carney v. Director of Revenue

The Director of Revenue (Director) appeals from a judgment reinstating the driving privileges of Michael Carney (Carney). At trial, the court excluded the breath test results and Datamaster maintenance records because the Missouri Department of Transportation (MoDOT) had failed to adopt necessary rules and regulations to run the Breath Alcohol Program. The Director contends the trial court’s exclusion of this evidence resulted from a misapplication of the law. We agree. The judgment reinstating Carney’s driving privileges is reversed, and the cause is remanded for further proceedings…