Downs v. Director of Revenue
2011 Mo. App. LEXIS 720
| Mo. Ct. App. | 2011Background
- The Director suspended Downs' driving privileges for one year after a DWI arrest and breath test showed BAC .153.
- Downs petitioned for review in Camden County Circuit Court, with the case based on the Director's certified records and counsel arguments.
- At trial, Downs objected to Datamaster maintenance records and breath test results due to the 2007 Executive Order transferring breath program duties to MoDOT.
- The trial court excluded the breath test results and Datamaster maintenance records, ruling the 2007 transfer was not properly implemented.
- The Executive Order sequence (2007 transfer to MoDOT, 2008 reversal attempt, and 2010 reversal) is central to whether MoDOT or DHSS governed the program at the time of the arrest.
- The Eastern District later held in Schneider that the 2007 Order did not immediately transfer the program, and DHSS could still administer the program at the time of Downs' arrest; the current panel adopts that reasoning and reverses the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath test results despite 2007 Order | Downs argues DHSS authority remained; MoDOT failures invalidate testing. | Director argues transfer either did take place or DHSS rules remained effective; results should be admissible. | Breath test results admissible; trial court erred in excluding them and records; reverse and remand. |
| Effect of 2007 Order on program administration | LH asserts orderly transfer to MoDOT should have occurred; DHSS authority ended. | Order contemplated gradual transfer; did not immediately transfer operations. | Interpretation supports that the transfer was not immediate; DHSS could administer the program at the arrest. |
| Regulatory framework governing breath testing after transfers | MoDOT lacked approved methods and permits post-transfer. | Existing DHSS rules remained effective; transfer did not negate them. | Schneider/Ross guidance control; administrative framework did not bar admissibility; reversal. |
Key Cases Cited
- Schneider v. Director of Revenue, 339 S.W.3d 533 (Mo.App.E.D.2011) (breath-test admissibility unaffected by incomplete transfer under 2007 Order; reliance on Schneider for transfer interpretation)
- State v. Ross, 344 S.W.3d 790 (Mo.App.W.D.2011) (breath-test admissibility under 2007 Order analyzed; aligns with Schneider)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (standard of review for administrative license suspension cases)