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Driver’s License: DWI-Revocation
Where a driver challenged the denial of her driving privileges for five years and the revocation of her license for one year, the judgment is affirmed because the director was not required to provide an original judgment of conviction, and the director produced sufficient evidence showing that the driver had received two DWI convictions within […]
Driver’s License: DWI-Breath-Test Exclusion
Where the state challenged the exclusion of a drunk driver’s breath test, which the trial court based on the officer’s failure to sign the certification on the blood-alcohol test report, the court erred because the director had provided a sufficient foundation for the admission because the officer testified that he adhered to the procedures required […]
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 […]
Driver’s License: DWI-Breath-Test Admissibility-Patrol Vehicle
Where a trial court held that the results of a driver’s breath test were inadmissible because the test was conducted in a law enforcement patrol vehicle, the judgment is reversed and remanded because the vehicle was a permissible location for breath testing. Judgment is reversed and remanded. Weisner v. Director (MLW No. 72777/Case No. WD81425 […]
Driver’s License: DWI-“Arrested”-Implied-Consent Advisory
Where a trial court set aside a license revocation in a DWI case finding that the driver had been arrested on an outstanding warrant but not for driving while intoxicated, which meant he was not obligated to take the breath test, the judgment is reversed because the driver was arrested since he had been read […]
Driver’s License: DWI-Breath Test-Location
Where the state challenged the exclusion of breath-test results in a DWI case, the trial court erred in relying on the wording of the reporting form’s certification provision in concluding that the arresting officer could not conduct the test in his vehicle, so the judgment is reversed and remanded. Judgment is reversed and remanded. Baker […]
Driver’s License: Revocation-Refusal to Submit to Chemical Testing-Implied-Consent Warnings
Petitioner was stopped for failure to dim lights; when the officer observed signs of intoxication, he arrested petitioner for DWI. The officer read petitioner the implied-consent warnings for a breath test, but when the breathalyzer malfunctioned, he requested petitioner take a blood test, which she declined. Where the officer failed to give petitioner the implied-consent […]
Driver’s License: DWI-Breath-Test-Refusal Warning-Validity Of Statute
Where a driver in a DWI case argued, and the trial court agreed, that his constitutional right to due process was violated when an officer informed him as required by statute that his license would be “immediately” revoked if he refused to submit to a breath test because the statute grants a 15-day driving permit […]
Driver’s License : DWI – Breath Test Foundation – Approved Suppliers
Prade v. Director (MLW No. 69326/Case No. ED103332 – 4 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.)
Driver’s License : DWI – Breath Test Refusal – Sufficiency Of Evidence
Rader v. Director of Revenue (MLW No. 69231/Case No. WD78880 – 5 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Driver’s License : DWI – Chronic-Offender Conviction – HGN Test
State v. Johnson (MLW No. 69168/Case No. SD33986 – 6 pages) (Missouri Court of Appeals, Southern District, Scott, J.)
Driver’s License : DWI – Breath Analyzer – Calibration
Shomaker v. Director (MLW No. 69190/Case No. ED102842 – 5 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
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- Appellate Practice : Jurisdiction – Final Judgment
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