Free Newsletter
Driver’s License: Revocation-Admission of Certified Records
Staff Report//January 2, 2024//
Petitioner appealed the trial court’s judgment upholding the suspension of his driving privileges, arguing that the trial court erred in admitting certified records without the proper foundation and in finding that petitioner was under arrest when a state trooper read him the implied consent form.
Where statutory law allowed the director to sign the certification letter by any method, there was no error in admitting the certified record, and petitioner was under arrest when the trooper expressly told petitioner and petitioner submitted, as petitioner’s injuries made physical restraint unnecessary.
Judgment is affirmed.
Kaercher v. Director of Revenue (MLW No. 80926/Case No. ED111737 – 9 pages) (Missouri Court of Appeals, Eastern District, Stevens, J.) Appealed from circuit court, Franklin County, Brinkmann, J. (Kevin A. Richardson, for appellant) (Marcia W. Bower, for respondent)
Latest Opinion Digests
- Domestic Relations-Order of Protection-Stalking
- Domestic Relations-Child Custody and Support-Motion for Modification
- Unemployment Compensation-Denial of Benefits-Termination for Misconduct
- Municipal-Government Records-Public Interest in Disclosure
- Criminal Law-Forgery-Evidentiary Rulings
- Criminal Law-Drug Possession-Competency Evaluation
- Real Property-Quiet Title-Default Judgment
- Criminal Law-Municipal Ordinance Violation-Writ of Prohibition
- Torts-Victims’ Compensation Fund-Sovereign Immunity
- Criminal Law-Statutory Rape-Sufficiency of Evidence
- Constitutional Law-Extraordinary Legislative Session-Gubernatorial Authority
Top stories
- Attorney admits to misconduct, surrenders law license
- COA reverses dismissal of tow company’s breach of contract claim
- St. Louis attorney notches six-figure win in business case against investment giant
- Forum non conveniens dismissal reversed by Court of Appeals
- Jackson County jury awards millions in liability lawsuit
- Retro application of anti-stacking sentencing amendment rejected
- Death row inmate gets relief from ‘Batson’ waiver finding
- Jury sides with Columbia grocery store in slip-and-fall lawsuit
