Moore v. Director of Revenue
351 S.W.3d 286
| Mo. Ct. App. | 2011Background
- Moore was arrested for driving while intoxicated on December 13, 2009, and a Datamaster breath test indicated a BAC of .170.
- Deputy Liese held a DHSS Type III permit to operate the Datamaster; Trooper Utz held a DHSS Type II permit to perform maintenance.
- Maintenance of the Datamaster had last occurred on November 14, 2009, by Utz.
- Executive Order 07-05 purportedly transferred BAP authority from DHSS to MoDOT, effective August 28, 2007.
- MoDOT allegedly did not adopt BAP rules, and DHSS-issued permits remained in place for the officers.
- The trial court excluded the Datamaster results and maintenance records based on the asserted transfer, and reinstated Moore’s driving privileges; the Director appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Datamaster results and maintenance records were properly excluded | Moore | Director | Exclusion improper; reversal and remand |
Key Cases Cited
- Salmon v. Dir. of Revenue, 343 S.W.3d 723 (Mo.App. W.D. 2011) (transfers of BAP authority did not occur as claimed)
- Grafeman v. Dir. of Revenue, 344 S.W.3d 861 (Mo.App. W.D. 2011) (BAP authority transfer issues unresolved by EO 07-05)
- Downs v. Dir. of Revenue, 344 S.W.3d 818 (Mo.App. S.D. 2011) (agency authority transfer challenges)
- Carney v. Dir. of Revenue, 344 S.W.3d 802 (Mo.App. S.D. 2011) (BAP regulatory framework unlike assumed)
- Griggs v. Dir. of Revenue, 344 S.W.3d 799 (Mo.App. S.D. 2011) (BAP authority and rules requirement discussed)
- State v. Ross, 344 S.W.3d 790 (Mo.App. W.D. 2011) (Executive Order history and transfers to MoDOT)
- Schneider v. Dir. of Revenue, 339 S.W.3d 533 (Mo.App. E.D. 2011) (statutory/regulatory framework for BAP)