Jackson v. Dir. Revenue, 544 S.W.3d 324 (2018)

April 10, 2018 · Missouri Court of Appeals, Western District · WD 80785

544 S.W.3d 324

Jimmy JACKSON, Jr., Appellant,
v.
DIRECTOR OF REVENUE, Respondent.

WD 80785

Missouri Court of Appeals, Western District.

ORDER FILED: April 10, 2018

Timothy R. Cisar, Lake Ozark, MO, for appellant.

Morgan Brewington, Jefferson City, MO, for respondent.

Before Division Four: Mark D. Pfeiffer, Chief Judge, Presiding, Cynthia L. Martin, Judge and James E. Welsh, Senior Judge¹

ORDER

1 Judge Welsh retired as an active member of the court on April 1, 2018, after oral argument in this case. He has been assigned by the Chief Justice to participate in this decision as Senior Judge.

Per curiam:

Jimmy Jackson, Jr. ("Jackson") appeals from a judgment sustaining the Director of Revenue's suspension of his driving privileges. Jackson argues that the trial court erred in admitting the results of the breath alcohol test into evidence. Jackson claims the foundational requirements for admission of the test were not met because the test was not performed in accordance with regulations promulgated by the Department of Health and Senior Services ("DHSS"). Specifically, Jackson asserts that the police officer who administered the breath alcohol test did not continuously observe Jackson for the fifteen minutes immediately prior to the administration of the test. We affirm. Rule 84.16(b).