Salmon v. Director of Revenue, 2011 Mo. App. LEXIS 911

Salmon was arrested October 9, 2009 for driving while intoxicated after a non-injury accident in Howard County.
Sgt. Drummond detected odor of alcohol, observed bloodshot eyes, and noted Salmon admitted to drinking a beer earlier.
A breathalyzer administered at the jail reported a blood alcohol content of 0.088%.
The Director suspended Salmon's driving privileges; Salmon filed a petition for trial de novo in circuit court.
Salmon challenged the breathalyzer validity, arguing DHSS, not MoDOT, certified the operator, based on Executive Order 07-05 transfer history.
The circuit court found the breath test was not credible due to allegedly improper certification and ordered reinstatement; the judgment was entered August 2, 2010.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DHSS certification invalidates the breathalyzer test	Salmon argued DHSS certification was improper for MoDOT authority.	Director contends proper certification authority supports test reliability.	Court held certification issue was misapplied; remanded for further proceedings.

Murphy v. Carron, 536 S.W.2d 30 (Mo. banc. 1976) (standard of review for trials conducted under Murphy framework)
Bender v. Director of Revenue, 320 S.W.3d 167 (Mo. App. E.D. 2010) (upholds substantial evidence standard for reinstatement decisions)