State v. Yarbrough
2011 Mo. App. LEXIS 73
Mo. Ct. App.2011Background
- Defendant Calvin Yarbrough collided with a Durango at an intersection, killing one passenger and injuring others.
- The Durango occupants included four family members; one died, others had minor injuries.
- Witness Roy Butler observed defendant smelling of alcohol and behaving unsteadily after the crash.
- Paramedics and officers detected signs of intoxication; defendant admitted drinking a little.
- Defendant was asked to submit to testing; he refused; a pre-arrest portable breath test (PBT) was administered and yielded a positive result.
- Hospital testing for medical purposes showed marijuana in urine and a 0.25% blood alcohol level; those results were admitted as business records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admitting the PBT violated counsel/due process rights | Yarbrough argues the PBT was improper because read warnings and attorney contact issues. | Yarbrough asserts violation of implied consent timing and right to counsel. | No plain error; PBT not subject to implied-consent warnings; no prejudice shown. |
| Whether hospital blood/urine results violated Chapter 577 or due process | State contends hospital tests are admissible under non-Chapter 577 channels. | Hospital testing circumvented implied-consent requirements and admission of evidence was improper. | Admissible; not obtained under Chapter 577; other valid means to admit such evidence exist; no manifest injustice. |
Key Cases Cited
- State v. Todd, 935 S.W.2d 55 (Mo.App. E.D.1996) (hospital test results not exclusively governed by implied-consent)
- Smith, 134 S.W.3d 35 (Mo.App. E.D.2003) (implied consent not sole means to admit chemical tests)
- Morgenroth, 227 S.W.3d 517 (Mo.App. S.D.2007) (pre-arrest PBTs under different provisions; not the same as post-arrest tests)
- Hinnah, 77 S.W.3d 616 (Mo. banc 2002) (implied consent framework; tests vs. warrantless testing)
- Waring, 779 S.W.2d 736 (Mo.App. S.D.1989) (implied-consent limitations; non-Chapter 577 evidence admissibility)
- Mayfield, 100 S.W.3d 847 (Mo.App. S.D.2003) (implied-consent warnings; pre/post testing considerations)