Driver’s License: Breathalyzer Test-Powerless Printer-Substantial Compliance

Where a trial court reinstated a driver’s license because the printer connected to the breathalyzer test lost power before it produced a ticket, finding that the officer failed to strictly comply with the operational check list, the judgment is reversed because there was substantial compliance with the rules as well as evidence of the accuracy of the test results.

Judgment is reversed and remanded.

Moore v. Director of Revenue (MLW No. 74407/Case No. ED107535 – 10 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, St. Louis County, Stewart, J. (Julia Rives for appellant) (Jacquelyn Busch Hunt for respondent).