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Hadican v. Director of Revenue

Missouri Court of Appeals, Eastern District, Division One
Oct 12, 1993
863 S.W.2d 9 (Mo. Ct. App. 1993)

Summary

In Hadican, the Director appealed from a judgment of the circuit court which had set aside the Director's suspension of Hadican's driving privileges.

Summary of this case from Williams v. Director of Revenue

Opinion

No. 63487.

October 12, 1993.

APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY, TONY L. EBERWEIN, J.

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Special Asst. Atty. Gen., Missouri Dept. of Revenue, Jefferson City, for respondent-appellant.

J. Martin Hadican, Mary Elizabeth Ott, Clayton, for petitioner-respondent.


Director of Revenue appeals from the judgment of the trial court in favor of Thomas M. Hadican. We affirm.

Hadican was arrested for driving while intoxicated. A breath analysis test revealed that he had a blood alcohol content of .11 per cent. His driving privileges were suspended; and the suspension was upheld after an administrative hearing. Hadican then filed a petition for a trial de novo in the circuit court. The Director of Revenue (Director) offered into evidence records which were certified by the custodian, pursuant to § 302.312, RSMo (Cum.Supp. 1992). The records included the arresting officer's report, the breath test officer's report, and the alco-analyzer maintenance report. The circuit court refused to admit these documents as evidence and found in favor of Hadican.

Section 302.312 provides:

Copies of all papers and documents lawfully deposited or filed in the offices of the department of revenue or the bureau of vital records of the department of health and copies of any matter recorded in the offices, properly certified by the appropriate custodian or the director, shall be admissible as evidence in all courts of this state in the same manner and with like effect as the originals.

In Hadlock v. Director of Revenue, 860 S.W.2d 335 (Mo. banc 1993), the evidence sought to be admitted consisted solely of the records of Director. Director's file contained the police report made by the arresting officer, a printout of the breath analysis results, and a form completed by the chemical test operator. Id. at 336. The copies were certified by the custodian. Id. Focusing on the statutory language "in the same manner and with like effect as the originals," the Supreme Court of Missouri held that the documents were inadmissible for lack of authentication. Id. at 338. The court stated that the language of the statute left the documents to the same foundation objections as would be their originals, such as authentication and hearsay; and that in the absence of foundational evidence, the documents were inadmissible. Id. at 337.

We find Hadlock to be dispositive of the present case. Here, the records offered by Director were similar to those of Hadlock and were not authenticated. The trial court therefore properly rejected the documents and entered judgment in favor of Hadican.

The judgment of the trial court is affirmed.

REINHARD and CRIST, JJ., concur.


Summaries of

Hadican v. Director of Revenue

Missouri Court of Appeals, Eastern District, Division One
Oct 12, 1993
863 S.W.2d 9 (Mo. Ct. App. 1993)

In Hadican, the Director appealed from a judgment of the circuit court which had set aside the Director's suspension of Hadican's driving privileges.

Summary of this case from Williams v. Director of Revenue
Case details for

Hadican v. Director of Revenue

Case Details

Full title:THOMAS M. HADICAN, PETITIONER-RESPONDENT, v. DIRECTOR OF REVENUE, STATE OF…

Court:Missouri Court of Appeals, Eastern District, Division One

Date published: Oct 12, 1993

Citations

863 S.W.2d 9 (Mo. Ct. App. 1993)

Citing Cases

Williams v. Director of Revenue

Three cases, decided in the wake of Hadlock, support the trial court's ruling. In chronological order they…

Schmitz v. Director of Revenue

The trial court properly rejected the offer in evidence of the contents of the report. Hadican v. Director of…