Driver’s License: DWI-Cross Examination-Due Process

Where a trial court found in favor of a drunk driver when it sua sponte noted a due process violation when a trooper did not appear for the hearing and was not available for cross examination, the judgment is reversed and remanded because the trial court misapplied the law when it relied on the absence of the trooper to exclude from evidence the contents of records such as the BAC results, and failing to call a witness who was equally available to both parties does not permit negative inferences.

Judgment is reversed and remanded.

Ridgway v. Director of Revenue (MLW No. 73084/Case No. ED106535 – 10 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, St. Charles County, Thornhill, J. (Daniel N. McPherson for appellant (Travis L. Noble Jr. and Magen D. Atzert for respondent).