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 ...

Tagged with: Driver's License DWI Revocation

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 ...

Tagged with: Breath Test Exclusion Criminal Law Driver's License DWI

  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 ...

Tagged with: Cross Examination Driver's License due process DWI

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 ...

Tagged with: Breath-Test Admissibility Criminal Law Driver's License DWI Patrol Vehicle

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 ...

Tagged with: Criminal Law Driver's License DWI Implied-Consent Advisory “Arrested”

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 ...

Tagged with: Breath Test Criminal Law Driver's License DWI Location

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 ...

Tagged with: Consent Warnings Criminal Law Driver's License Refusal to Submit to Chemical Testing Implied Revocation

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 ...

Tagged with: Breath-Test-Refusal Warning Driver's License DWI Validity Of Statute

Prade v. Director (MLW No. 69326/Case No. ED103332 – 4 pages) (Missouri Court of Appeals, Eastern District, Robert G. Dowd Jr., J.)

Tagged with: Approved Suppliers Breath Test Foundation Driver's License DWI

Rader v. Director of Revenue (MLW No. 69231/Case No. WD78880 – 5 pages) (Missouri Court of Appeals, Western District, Martin, J.)

Tagged with: Breath Test Refusal Driver's License DWI Sufficiency Of Evidence

State v. Johnson (MLW No. 69168/Case No. SD33986 – 6 pages) (Missouri Court of Appeals, Southern District, Scott, J.)

Tagged with: Chronic-Offender Conviction Driver's License DWI HGN Test