Hickenbotham v. Director of Revenue

Introduction

The Director of Revenue (the Director) appeals from the judgment of the trial court reinstating the driving privileges of Justin Scott Hickenbotham1 (Driver). We reverse and remand.

Factual and Procedural Background

On September 18, 2015, Driver was pulled over by Missouri State Highway Patrol Trooper Eric Ganime (Trooper Ganime) for speeding and was subsequently arrested for driving while intoxicated. Trooper Ganime transported Driver to the Madison County Jail where he read Driver Missouri’s Implied Consent law. Driver consented to take a breath test. Trooper Ganime used an Intox…