Where a trial court refused to admit the results of the blood alcohol test in a DWI case due to the arresting officer’s failure to file a maintenance report on the breath analyzer, the judgment is reversed and remanded because filing the report is not mandatory, so noncompliance with the regulation did not render the BAC results inadmissible.
Judgment is reversed and remanded.
Roam v. Director (MLW No. 72004/Case No. ED106142 – 5 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.) Appealed from circuit court, St. Charles County, Thornhill, J. (Morgan Brewington for appellant) (Robert S. Adler for respondent).