Missouri Court of Appeals, Eastern District / Jan 26, 2021
Megan Lizabeth Schwandner, Respondent, vs. Director of Revenue, Appellant.
The Director of Revenue appealed the trial court's judgment reinstating Megan Lizabeth Schwandner's driving privileges, which were suspended after her arrest for driving while intoxicated. The trial court had excluded breath sample results because the zip code for the breath analyzer's ethanol-gas mixture supplier differed from the regulation. The appellate court reversed and remanded, holding that a zip code discrepancy does not invalidate the supplier's approval under the relevant regulation, and thus the breath sample results should have been admitted.