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Schulte v. Director of Revenue6/22/1999
h 19 CSR 25-30.051 requires that the standard simulator solution be certified by the supplier, it is reasonable to infer that since RepCo manufactured the solution, that it also supplied the solution to the Missouri State Highway Patrol. Id. We therefore find substantive compliance with the regulation. Guccione v. Director of Revenue, 988 S.W.2d 649, 653 (Mo. App. E.D. 1999). As long as there is substantive compliance with the procedural requirements, the certificate of analysis does not need to use precisely the identical language used in the regulation. Meurer v. Director of Revenue, 984 S.W.2d 873, 876-77 (Mo. App. E.D. 1999). Accordingly, the trial court erred in refusing to admit the records.
The admission of the records presented by the Director would have established a prima facie case. As noted, supra, once the Director establishes a prima facie case, the burden shifts to the driver to rebut the prima facie case by a preponderance of the evidence. Plank, 982 S.W.2d at 814. In this case, the trial court granted Schulte a directed verdict at the close of the Director's case. Schulte was not given an opportunity to present evidence. Therefore, the case must be remanded.
The judgment of the trial court is reversed and the case is remanded for further proceedings consistent with this opinion.
Separate Opinion:
None
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