Joseph Schneider v. Director of Revenue

OPINION

Mary K. Hoff, Judge

The Director of Revenue appeals from the judgment of the trial court reinstating the driving privileges of Joseph Schneider (“Driver”), whose license was suspended for driving while intoxicated. We reverse.

After a trial de novo pursuant to Section 302.535, 1 the trial court found that the Director had failed to meet its burden of providing sufficient credible evidence that Driver’s blood alcohol content (“BAC”) exceeded the legal limit of .08 percent. Crucial to the trial court’s finding was its contemporaneous decision to exclude from evidence the results from an…