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Reynolds v. Director of Revenue6/20/2000
ed the solution employed to verify and calibrate the two breath analyzers upon which the tests of Mr. Reynolds's blood alcohol level were performed. Officer Buckler testified that he ordered the simulator solution used to maintain the BAC Verifier from RepCo and that the return address on the box and the labels on the bottles of simulator solution he received stated "RepCo Marketing." A certificate of analysis accompanied the shipment of simulator solution received by Officer Buckler. Trooper Hughes testified that a certificate of analysis also accompanied the sealed box of simulator solution that he received from Troop A's supply. At the top of both certificates of analysis, the name "RepCo Marketing Inc." was written out and the certificates were signed by "Cecil B. Garner, President, RepCo Marketing, Inc." The maintenance reports issued by Officer Buckler and Trooper Hughes indicated that the manufacturer of the simulator solution used was "RepCo Marketing, Inc.," and the lot numbers on the maintenance reports and the certificates of analysis matched. Further, Trooper Hughes testified that the label on the bottle of simulator solution he used on the DataMaster machine stated "RepCo."
Mr. Reynolds argues that the certificates of analysis do not expressly state that RepCo manufactured the simulator solution and the officers did not actually testify that the simulator solution came from RepCo. It is unnecessary for the certificates of analysis to use the exact language of the regulation, "so long as there is substantive compliance with the procedural requirements." Meurer v. Director of Revenue, 984 S.W.2d 873, 876-77 (Mo. App. 1999). The certificates of analysis adequately convey that the manufacturer of the solution was RepCo and, along with the other evidence, are sufficient proof that RepCo manufactured the solution. Schulte v. Director of Revenue, 995 S.W.2d 509, 512 (Mo. App. 1999); Selix v. Director of Revenue, 985 S.W.2d 380, 383-84 (Mo. App. 1999); Meurer, 984 S.W.2d at 877. If RepCo manufactured the solution, then it can reasonably be inferred that it supplied the solution to the law enforcement agencies. Meurer, 984 S.W.2d 873, 877 (Mo. App. 1999).
The Director provided sufficient evidence to prove that the simulator solution used came from an approved supplier under 19 C.S.R. 25-30.050. Therefore, the Director laid a proper foundation for the admission of the breath test results that showed that Mr. Reynolds had a BAC of .10% or more, thus establishing a prima facie case. Since Mr. Reynolds did not offer any evidence to rebut the Director's prima facie case, the trial court's decision to reinstate Mr. Reynolds's driving privilege is against the weight of the evidence. Accordingly, this court reverses the trial court's judgment and remands this cause to the trial court for reinstatement of the Director's suspension of Mr. Reynolds's driving privileges.
All concur.
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