Legal Opinion

Hearne v. Dir. Revenue

Missouri Court of Appeals

Decided September 11, 2018No. ED 106352PublishedCited by 4 opinions

1Opinion of the CourtKurt S. Odenwald, Presiding Judge

Introduction

The Director of Revenue ("the Director") appeals from the judgment of the trial court setting aside the suspension of Gabrielle Hearne's ("Hearne's") driver's license and reinstating her driving privileges. Because the trial court erroneously applied the law in excluding the Blood Alcohol Test Report that showed Hearne had a blood alcohol content ("BAC") greater than .08 percent, we reverse and remand.

Factual and Procedural History

The State arrested Hearne for driving while intoxicated, following a traffic stop. The police officer reported that Hearne's eyes were bloodshot, her…

2Cases cited7 opinions

  1. White v. Director of RevenueSupreme Court of Missouri · 2010
  2. Philip Lorenzo Gallagher v. Director of RevenueMissouri Court of Appeals · 2016
  3. Potts v. StateMissouri Court of Appeals · 2000
  4. Turcotte v. Director of RevenueMissouri Court of Appeals · 1992
  5. Canania v. Director of RevenueMissouri Court of Appeals · 1996

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

3Cited by4 opinions

  1. Howe v. Dir. RevenueMissouri Court of Appeals · 2019
  2. Victor M. Nix v. Director of RevenueMissouri Court of Appeals · 2019
  3. Matthew Carvalho v. Director of RevenueSupreme Court of Missouri · 2019
  4. William Henke v. Director of Revenue, State of MissouriMissouri Court of Appeals · 2020

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