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Driver’s License : DWI – Breath Test – Machine Maintenance

Stephanie Maniscalco//February 17, 2015//

Driver’s License : DWI – Breath Test – Machine Maintenance

Stephanie Maniscalco//February 17, 2015//

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Where the state challenged a trial court’s reinstatement of a driver’s license in a drunk-driving case, the court properly refused to admit the breath test results, and the judgment is affirmed because the breath testing device used was not properly certified pursuant to the statute.

Judgment is affirmed.

Carter v. Director of Revenue (MLW No. 67442/Case No. WD77518 – 9 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Clay County, Angles, J. (Jeffrey Scott Eastman, Gladstone, for respondent) (Daniel N. McPherson, Jefferson City, for appellant).

Read the full text of this opinion. (PDF)

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