Kennedy v. Director of Revenue

NANCY STEFFEN RAHMEYER, Judge.

Stephen Neil Kennedy (“Kennedy”) was arrested for driving while intoxicated. Trooper Myron Downey (“Downey”) gave Kennedy a breath analysis test, which indicated a blood alcohol concentration (“BAC”) of .152 percent. After the initial test, however, the breath analyzer machine gave a status code reading, “system won’t zero.” As a result, three minutes later Downey gave Kennedy a second test which showed Kennedy’s BAC as .144 percent. The Department of Revenue revoked Kennedy’s driver’s license pursuant to § 302.505, 1 which, at the time of Kennedy’s breath…