Shannon Blackwell v. Director of Revenue
488 S.W.3d 202
| Mo. Ct. App. | 2016Background
- On June 22, 2014, Shannon Blackwell was arrested for DWI and a Datamaster breath test showed BAC .172%.
- Trooper testified the Datamaster received maintenance using a wet-bath simulator on June 1, 2014; that simulator had a NIST-traceable certification dated October 3, 2013.
- The County switched to a dry-gas simulator in August 2014; no evidence was produced that the wet-bath simulator was recertified in 2014.
- At bench trial the Director sought to admit the BAC result; Blackwell objected for lack of foundation under 19 CSR 25-30.051(4) (arguing an annual NIST certification was required for 2014).
- Trial court ultimately excluded the BAC evidence for insufficient foundation (no proof of 2014 simulator certification) and set aside the license revocation; the Director appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BAC result was inadmissible because Director failed to show the simulator had a NIST-traceable certification in 2014 | Blackwell: regulations require up-to-date (annual) NIST certification while simulator remained in service; absence of 2014 certification defeated foundation | Director: only compliance at time of the BAC test/when machine was maintained is required; earlier (2013) certification plus June 1, 2014 maintenance suffices for foundation | Court reversed: admission requires foundation showing compliance at time of the test; post-test recertification is a reliability issue for the factfinder, not a foundational prerequisite; remand to admit BAC and decide reliability |
Key Cases Cited
- Sellenriek v. Director of Revenue, 826 S.W.2d 338 (Mo. banc 1992) (maintenance within specified period before test suffices to establish admissibility)
- Kern v. Director of Revenue, 936 S.W.2d 860 (Mo. App. E.D. 1997) (subsequent maintenance bears on weight/reliability, not admissibility)
- Carter v. Director of Revenue, 454 S.W.3d 444 (Mo. App. W.D. 2015) (interpreting required proof of simulator certification under 19 CSR 25-30.51(4))
- Messner v. Director of Revenue, 469 S.W.3d 476 (Mo. App. W.D. 2015) (showing conformity with regulations establishes proper foundation; reliability remains subject to challenge)
- White v. Director of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (standards for appellate review of court-tried civil cases and discussion of burdens of production and persuasion)