Legal Opinion

GRAFEMAN v. Director of Revenue

Missouri Court of Appeals

Decided June 7, 2011No. WD 72551PublishedCited by 8 opinions

1Opinion of the Court

THOMAS H. NEWTON, Judge.

The Director of Revenue appeals the trial court’s judgment in favor of Mr. Mark Grafeman reinstating his driver’s license. The Director contends that the trial court erred in excluding the blood-alcohol content (BAC) test results from the breathalyzer and its accompanying maintenance report because the documents were lawful. We reverse and remand.

Factual and Procedural Background

On February 18, 2009, Mr. Grafeman was arrested for driving while intoxicated. Mr. Grafeman submitted a breath sample into the DataMaster Breathalyzer, which reported a BAC level of .226.…

2Cases cited7 opinions

  1. Vanderpool v. Director of RevenueSupreme Court of Missouri · 2007
  2. Schneider v. Director of RevenueMissouri Court of Appeals · 2011
  3. State v. RossMissouri Court of Appeals · 2011
  4. Downs v. Director of RevenueMissouri Court of Appeals · 2011
  5. Griggs v. Director of RevenueMissouri Court of Appeals · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Irwin v. Director of RevenueMissouri Court of Appeals · 2012
  2. Moore v. Director of RevenueMissouri Court of Appeals · 2011
  3. Sostman v. Director of RevenueMissouri Court of Appeals · 2011
  4. Riley v. Director of RevenueMissouri Court of Appeals · 2012
  5. Scheumbauer v. Director of RevenueMissouri Court of Appeals · 2011

3 more not listed; retrieve them via the Exa API.

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