554 S.W.3d 416
Mo. Ct. App.2017Background
- Early morning traffic stop after deputy observed vehicle with taillights off; Charles Roux was driving.
- Deputy Jason Flora administered a portable breath test (PBT); initial testimony reported a result “greater than .08.”
- Defendant was arrested for driving while intoxicated and moved to suppress all evidence.
- At the suppression hearing, defense objected to admission of PBT numeric result; trial court permitted testimony that the PBT was “positive” but barred any numeric value.
- Trial court granted the motion to suppress, finding a positive PBT (as admitted) insufficient, in the absence of other impairment evidence, to establish probable cause.
- State appealed; appellate court limited review to whether exclusion of the PBT numeric result was erroneous and remanded for reconsideration including the unstricken >.08 testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of PBT result at suppression hearing | PBT numeric result admissible under §577.021 to show probable cause to arrest | PBT numeric result (numbers) should be excluded; only non-numeric "positive" result admissible | Trial court abused discretion by excluding the numeric PBT result; numeric result showing > .08 must be considered for probable cause determination |
Key Cases Cited
- State v. Eisenhour, 410 S.W.3d 771 (Mo. App. S.D.) (deference standard for excluding testimony)
- State v. Mort, 321 S.W.3d 471 (Mo. App. S.D.) (review of evidentiary rulings)
- State v. Stottlemyre, 35 S.W.3d 854 (Mo. App. W.D.) (abuse of discretion standard)
- State v. Masden, 990 S.W.2d 190 (Mo. App. W.D.) (abuse of discretion discussion)
- State v. Gonzales, 153 S.W.3d 311 (Mo. banc) (misapplication of law as abuse of discretion)
- State v. Morgenroth, 227 S.W.3d 517 (Mo. App. S.D.) (statutory limits on PBT admissibility)
- State v. Mattix, 482 S.W.3d 870 (Mo. App. E.D.) (>.08 as prima facie evidence of intoxication)