State v. Sinclair

HOGAN, Judge.

The defendant was convicted by a jury of the offense of driving while intoxicated as defined and denounced by § 564.440, 1 and his punishment was assessed at a fine of $100. He appeals, alleging as grounds for reversal that the result of a Breathalyzer test was erroneously and prejudicially received in evidence against him, because the State failed to show that the test was a method of chemical analysis approved by the Division of Health as required by the provisions of § 564.441. Though the point raised is narrow and rather technical, we think it is well taken. We reverse and…