Anderson v. Director of Revenue

ROBERT G. DOWD, Jr., Presiding Judge.

Director of Revenue (Director) appeals from the judgment of the trial court reinstating the driving privileges of Thomas William Anderson (Anderson). The Director alleges the trial court erred when it: (1) determined that Anderson’s breath test results were inadmissible and, (2) required the Director to prove that the breath machine was properly maintained by an authorized permit holder before the results could be admitted. We reverse and remand.

On December 13, 1996 at or about 1:21 a.m., Officer Chad T. Deakin observed a 1984 GMC Yukon traveling on…