Eckhoff v. Director of Revenue

CLARK, Judge.

Chester L. Eckhoff appeals the judgment which sustained revocation of his driver’s license pursuant to § 302.505.1, RSMo 1986, 1 for driving a motor vehicle while intoxicated. The issue on appeal is whether evidence of breathalyzer test results was admissible over objection by Eckhoff that the chemical reagent test vials used in performing the breathalyzer test were not obtained from a source approved by the Missouri Division of Health through amendment to the Code of State Regulations.

The evidence at trial entitled the court to find that in the early morning hours of November…