Robinson v. Director of Revenue

HOFF, Presiding Judge.

The Director of Revenue (Director) appeals from the trial court’s judgment setting aside the suspension of Joyce Wilma Robinson’s (Driver) driving privilege. Director challenges the trial court’s decision that Director failed to prove Driver had a blood alcohol concentration of at least .10% because the certificate of analysis for the simulator solution used to calibrate the breath analyzer failed to comply with Department of Health regulations. We reverse and remand.

On November 7, 1997, Driver was involved in a two-vehicle accident. A Town and Country police officer…