Missouri Court of Appeals, Western District / Apr 30, 2019
Victor M. Nix vs. Director of Revenue
The Director of Revenue appealed the circuit court's judgment setting aside the suspension of Victor Nix's driving privileges following his arrest for driving while intoxicated. The trial court excluded Nix's breath test results because the administering officer failed to sign the certification on the Blood Alcohol Test Report form. The appellate court reversed the trial court's judgment, holding that the officer's failure to sign the certification was collateral to the proper administration of the test and did not require exclusion of the results. The case was remanded for a new trial.