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CARNEY v. DIRECTOR OF REVENUE

No. SD 30625.

344 S.W.3d 802 (2011)

Michael S. CARNEY, Petitioner-Respondent, v. DIRECTOR OF REVENUE, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied June 14, 2011.

Application for Transfer Denied August 30, 2011.

Attorney(s) appearing for the Case

Chris Koster , Atty. Gen., Trevor Bossert , Asst. Atty. Gen., Jefferson City, MO, for Appellant.

Carl M. Ward , Washington, MO, for Respondent.

The Director of Revenue (Director) appeals from a judgment reinstating the driving privileges of Michael Carney (Carney). At trial, the court excluded the breath test results and Datamaster maintenance records because the Missouri Department of Transportation (MoDOT) had failed to adopt necessary rules and regulations to run the Breath Alcohol Program. The Director contends the trial court's exclusion of this evidence resulted from a misapplication of the law. We agree. The...

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