Reckner v. Fischer

THOMAS H. NEWTON, Judge.

Mr. Donald W. Reckner’s driver’s license was revoked by the Director of Revenue under section 302.505 1 because he was driving a vehicle while his blood alcohol content (BAC) was in excess of .08. 2 At a hearing, Mr. Reckner objected to the admission of his BAC test result because there was evidence showing that, on some occasions, the breathalyzer machine gave readings elevated by .004. He presented rebuttal evidence through the testimony of a law enforcement officer who observed the machine give elevated readings over a month after his test. Although the Missouri…