Michalski v. Director of Revenue
This text of 987 S.W.2d 531 (Michalski v. Director of Revenue) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The Director of Revenue (“Director”) appeals from a judgment reinstating the driving privileges of John C. Michalski after a trial de novo. The trial court refused to admit into evidence Mr. Michalski’s breath test result. The court concluded that the certificate of analysis did not comply with 19 CSR 25-30.051(3).
Subsection (3) of 19 CSR 25-30.051 states that the certificate shall include the name of the supplier of the simulator solution. In this case, there is no actual language indicating who supplied the solution, and there is insufficient evidence in the record from which the Court could reasonably infer the identity of the supplier. See Tate v. Director of Revenue, 982 S.W.2d 724, 727-28 (Mo.App. E.D.1998); Trumble v. Director of Revenue, 985 S.W.2d 815, 818-19 (Mo.App.E.D.1998).
Mr. Michalski’s Petition for Payment of Court Costs and Attorney Fees taken with this appeal is denied. The judgment of the trial court is affirmed pursuant to Rule 84.16(b). •
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
987 S.W.2d 531, 1999 Mo. App. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michalski-v-director-of-revenue-moctapp-1999.