Irwin v. Director of Revenue
2012 Mo. App. LEXIS 472
| Mo. Ct. App. | 2012Background
- Driver Thomas Irwin was arrested for DWI on June 15, 2008 and his driving privileges were suspended by the Director of Revenue.
- Irwin challenged the suspension in a trial de novo in St. Louis County Circuit Court, with breath test results and records offered as evidence by the Director.
- Irwin objected to the breath test on the grounds the officer’s certification to operate the equipment was issued after a 2007 executive order transferring BAP authority from DHSS to MoDOT.
- The trial court sustained Irwin’s objection, ruling the breath test results were inadmissible and reinstating Irwin’s driving privileges.
- On appeal, the Director contends the 2007 Order transfer did not occur and asks the breath test results be admitted; the Court of Appeals reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath test results under agency transfer | Director argues breath test results are admissible despite the 2007 Order | Irwin argues the DHSS authority remained and the test was improperly administered | Breath test results admissible; trial court erred |
| Prima facie foundation for BAC exceeding .08 | Director established proper techniques, valid permit, and approved equipment | Irwin contends lack of proper foundation due to agency issue | Foundation satisfied; BAC over .08 proven by breath test |
| Effect of court’s legal error on remand | Remand is appropriate to resolve admissibility and evidentiary issues | Irwin argues reinstatement should stand if no probable cause shown | Reversed and remanded for further proceedings consistent with opinion |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard for reviewing bench trial sufficiency)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (standard of review for license reinstatement cases)
- Scheumbauer v. Dir. of Revenue, 350 S.W.3d 868 (Mo. App. E.D.2011) (breathalyzer admissibility and agency authority considerations)
- Schneider v. Dir. of Revenue, 339 S.W.3d 533 (Mo. App. E.D.2011) (breath test admissibility under allowed permit and methods)
- Grafeman v. Dir. of Revenue, 344 S.W.3d 861 (Mo. App. W.D.2011) (breath test procedure and admissibility considerations)
- Downs v. Dir. of Revenue, 344 S.W.3d 818 (Mo. App. S.D.2011) (admissibility and related evidentiary rulings in DWI context)
- Moore v. Dir. of Revenue, 351 S.W.3d 286 (Mo. App. W.D.2011) (standard of review and remand considerations)