Missouri Court of Appeals, Southern District / Mar 16, 2023
DYLAN ACEVEDO, Respondent vs. DIRECTOR OF REVENUE, Appellant
The Director of Revenue appealed the circuit court's judgment that set aside the suspension of Dylan Acevedo's driving privileges. The circuit court had excluded certified records containing portable breathalyzer test (PBT) results, citing a lack of foundation. The appellate court reversed the judgment and remanded the case, holding that PBT results are statutorily exempt from calibration requirements when used to establish probable cause for a driving while intoxicated arrest, and thus the trial court abused its discretion in excluding the evidence.