Case summaries for Sept. 11 – Sept. 17
Source of Breath Analyzer Is Irrelevant
Foundation for admitting breath test results includes “equipment and devices approved by the Division” of Health and Senior Services, and regulation describes the approved devices by model and “manufacturer or supplier.” But manufacturer or supplier is not among the items in that same regulation’s checklist for operating the breath analyzer, so no testimony on where the device came from is necessary to admit the breath analyzer’s results.
William Henke, Respondent, v. Director of Revenue, State of Missouri, Appellant.
Missouri Court of Appeals, Eastern District – ED108287