Griggs v. Director of Revenue
344 S.W.3d 799
| Mo. Ct. App. | 2011Background
- Deputy stops Griggs for speeding and signaling violations; Griggs accelerates and crashes in a yard.
- Deputy detects odor of alcohol, watery eyes, and balance issues; HGN administered; arrested for DWI.
- At jail, Griggs consents to BAC testing with a Datamaster; BAC .094; AIR prepared; Miranda rights administered.
- Administrative hearing held; trial de novo petition filed; record consists of Director's certified records only.
- Trial court excluded breath test results and Datamaster maintenance records due to MoDOT/BAP reorganization concerns; ruled for Griggs.
- Director appeals; argues trial court misapplied 2007 Executive Order transferring BAP duties to MoDOT.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2007 Order required excluding the breath test evidence. | Director argues the 2007 Order compelled exclusion of test results. | Griggs contends DHSS remained empowered; no mandatory exclusion. | Trial court erred; exclusion not required; judgment reversed. |
Key Cases Cited
- Schneider v. Director of Revenue, 339 S.W.3d 533 (Mo.App. E.D.2011) (2007 Order did not mandate immediate transfer of BAP operations)
- State v. Ross, 344 S.W.3d 790 (Mo.App. W.D.2011) (analyses transfer language consistent with Schneider)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for court-tried cases)
- Bruce v. Department of Revenue, 323 S.W.3d 116 (Mo.App. W.D.2010) (evidence admissibility and agency action standards)