Helton v. Director of Revenue

SMART, Judge.

This appeal involves the issue of whether police records introduced pursuant to § 490.680, RSMo 1994, must be regarded as creating a prima facie case of excessive blood alcohol content in a de novo hearing in a license suspension or revocation case under § 302.535, RSMo 1996 Supp.

Billy Helton’s driving privileges were suspended on August 26, 1995, for driving with an excessive blood alcohol content level pursuant to § 302.505, RSMo.1994. Helton filed a petition for trial de novo in the trial court. At trial, the Director offered a copy of Hel-ton’s arrest file as a business…