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Bierner v. State

3/26/1992

ur holding. Mo. Rev. Stat. § 302.505 (1986).


To sum up, Section 66-8-112 contains no requirement that the blood alcohol test result relate back to the time that the licensee was driving, and there is no need to add such a requirement to rationalize the statute. On the contrary, omission of a relation-back requirement enables the State to provide expedited hearings without causing unfairness to licensees.


Our Discussion of the purposes and justifications for not imposing a relation-back requirement answers Licensees' contention that Section 66-8-112, as we construe it, would violate due process.


Conclusion


We affirm the district court's affirmance of the license revocation of Bierner and reverse the district court's reversal of the license revocation of Hart.


IT IS SO ORDERED.


DONNELLY and PICKARD, JJ., concur.






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