Missouri Court of Appeals, Western District / Oct 9, 2018
Cole Michael Boggs vs. Director of Revenue
The Director of Revenue appealed the trial court's judgment setting aside the suspension of Cole M. Boggs's driving privileges. Boggs was involved in a single-vehicle accident and later arrested for driving while intoxicated, with a blood alcohol content of .105% hours after the accident. The trial court found insufficient evidence to establish probable cause for arrest at the time of driving or that Boggs's BAC exceeded .08% while driving. The appellate court affirmed the trial court's judgment, holding that the trial court did not err in its assessment of the contested evidence.