Missouri Court of Appeals, Western District / Oct 9, 2018
Jessica E. Smith vs. Director of Revenue
Jessica E. Smith's driving privileges were suspended by the Director of Revenue for operating a vehicle with a blood alcohol content above the legal limit. Smith sought a trial de novo, and the circuit court reinstated her privileges, finding insufficient evidence and a failure to comply with the 15-minute observation period regulation. The appellate court reversed the circuit court's judgment and remanded the case, holding that the trial court misapplied the law regarding the necessity of the breath test administrator's testimony and the interpretation of the observation period regulation.