DeClue v. Director of Revenue

Petitioner appeals from the circuit court judgment sustaining the revocation of petitioner’s driving privileges by the Director of Revenue (Director). We reverse.

Petitioner’s driving privileges were suspended following the Director’s determination that petitioner was arrested upon probable cause to believe he was driving a motor vehicle with a blood alcohol concentration (BAC) of .10% or more. See § 302.505.1, RSMo 1994. The circuit court sustained this suspension after a trial de novo.

At the trial de novo, the Director offered the police report and breathalyzer machine checklist into…