Missouri Court of Appeals, Eastern District / Apr 16, 2019
James D. Ridgway, Jr., Respondent, vs. Director of Revenue, Appellant.
James Ridgway, Jr.'s driver's license was suspended after his arrest for driving while intoxicated. He sought a trial de novo, and the trial court found in his favor, sua sponte raising a due process violation due to the arresting Trooper's non-attendance and inability to be cross-examined. The Department of Revenue appealed, arguing the trial court misapplied the law. The appellate court reversed and remanded, holding that the trial court erred by disregarding certified Department records under Section 302.312.1 RSMo and by finding a due process violation when the Trooper was never properly served with a subpoena.