[DOWNLOAD] "Kennedy v. Director of Revenue" by Missouri Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Kennedy v. Director of Revenue
- Author : Missouri Court of Appeals
- Release Date : January 30, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Opinion Vote: AFFIRMED. Prewitt, J., and Parrish, J., concur. Opinion Stephen Neil Kennedy (""Kennedy"") was arrested for driving while intoxicated. Trooper Myron Downey (""Downey"") gave Kennedy a breath analysis test, which indicated a blood alcohol concentration (""BAC"") of .152 percent. After the initial test, however, the breath analyzer machine gave a status code reading, ""system won't zero."" As a result, three minutes later Downey gave Kennedy a second test which showed Kennedy's BAC as .144 percent. The Department of Revenue revoked Kennedy's driver's license pursuant to section 302.505, 1 which, at the time of Kennedy's breath analysis test, allowed revocation when there is probable cause to believe a person has operated a motor vehicle in an intoxicated condition and the person's BAC is .10 percent or more by weight. 2 Kennedy asked for and received a trial de novo under section 302.535 to review the license suspension. After hearing evidence, the trial court reversed the decision of the Department of Revenue and ordered reinstatement of Kennedy's license on the basis that there was insufficient foundation for the breath analyzer machine results because the machine was not functioning properly. The Director of the Department of Revenue (""the Director"") appeals. We affirm the trial court's decision.