Missouri Court of Appeals, Eastern District / Jun 4, 2019
Earnie R. Thomas, Respondent, vs. Director of Revenue, Appellant.
Earnie R. Thomas's driving privileges were reinstated by the trial court after it found his breath test results inadmissible, concluding the implied consent warning violated his due process rights. The Director of Revenue appealed, arguing the warning was not unconstitutional. The appellate court reversed the trial court's judgment, holding that the word "immediately" in the implied consent warning is not misleading and therefore the breath test results were admissible, consistent with a recent Missouri Supreme Court decision.