Missouri Court of Appeals May 22, 2012, No. ED 95648 (Phelps v. Director of Revenue)

GARY M. GAERTNER, JR., Judge.

Introduction

The Director of Revenue (DOR) appeals the judgment of the trial court in favor of Respondent Jeremiah Joseph Phelps (Phelps), which found the DOR failed to prove Phelps’ blood alcohol content (BAC) was above the legal limit. The DOR argues the trial court erroneously excluded admissible evidence of Phelps’ BAC. We reverse.