Missouri Court of Appeals, Western District / Jun 23, 2020
Benjamin A. Collier vs. Director of Revenue
Benjamin Collier appealed the circuit court's judgment sustaining the revocation of his driving privilege. Collier argued there was insufficient evidence to establish he refused a chemical test, specifically challenging the Director of Revenue's reliance on administrative records without live testimony from the arresting officer. The Western District affirmed, holding that the Director met its burden of proof through certified records, and the trial court was free to credit the officer's report over Collier's conflicting testimony, especially since Collier failed to subpoena the officer.