Scheumbauer v. Director of Revenue
350 S.W.3d 868
| Mo. Ct. App. | 2011Background
- Scheumbauer stopped for speeding; observed lack of seat belt, slurred speech, watery/red eyes, strong odor of intoxicants.
- Trooper administered horizontal gaze nystagmus, walk-and-turn, one-leg tests, and a preliminary breath test; arrested and taken to station.
- Breath test yielded BAC of 0.100%; he was given notice of suspension of driving privileges.
- DOR upheld suspension at evidentiary hearing; Scheumbauer petitioned for trial de novo in circuit court.
- Issue: whether breath-alcohol testing authority transfer from DHSS to DOT after EO 07-05 affected admissibility of the breath test; trial court excluded test result.
- Trial court later ruled DHSS lacked regulatory authority and excluded the breath test, leading to reinstatement; DOR appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of breath-test result after EO 07-05 transfer | DOR: EO 07-05 transferred authority to DOT; DHSS admissible | Scheumbauer: EO 07-05 did not transfer authority | BREATH test result admissible; trial court erred; remand |
Key Cases Cited
- Schneider v. Dir. of Revenue, 339 S.W.3d 533 (Mo.App. E.D.2011) (breath test admissibility under §§577.020-577.041)
- Grafeman v. Dir. of Revenue, 344 S.W.3d 861 (Mo.App. W.D.2011) (admissibility post-EO 07-05 issues followed)
- Downs v. Dir. of Revenue, 344 S.W.3d 818 (Mo.App. S.D.2011) (admissibility of breath-test after transfer authority)
- Salmon v. Dir. of Revenue, 343 S.W.3d 723 (Mo.App. W.D.2011) (EO 07-05 transfer process not fully implemented)