Missouri Court of Appeals, Western District / Jul 25, 2023
Payton Chiann Comer vs. Director of Revenue, State of Missouri
Payton Chiann Comer appealed the administrative suspension of her driving privileges after a breath test indicated a blood alcohol content above the legal limit. She argued the trial court erred in admitting the breath test result because the administering officer did not maintain continuous direct observation during the required 15-minute period. The appellate court affirmed the trial court's judgment, holding that the relevant regulation does not require direct observation, only that the officer reasonably ensure no oral intake using their senses.