 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Erwin v. Director of Revenue12/14/1999
a BAC of .194 percent. Id. However, driver objected to the introduction of Director's maintenance record into evidence. Id. at 188-89. The trial court entered judgment for driver reinstating driver's driving privileges. Id. at 189. On appeal, this Court reversed and remanded, stating that proof of foundational requirement of the result of the breath test is unnecessary where the breath test result is admitted into evidence without objection. Id.
Similarly, in the case at bar, driver's breath test result was admitted into evidence without objection. The result indicated driver had a BAC of .140 percent. The record supports that Director adduced enough evidence to prove that driver's BAC was at least .10 percent. Thus, we find that the trial court erred in ordering the Director to reinstate driver's driving privileges.
Reversed and remanded for the trial court to enter a judgment reinstating the suspension of driver's driving privileges.
Separate Opinion: None
Page 1 2 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|