Doughty v. Director of Revenue

Summary

The Missouri Supreme Court affirmed judgments denying Norman and David Doughty's petitions for review of one-year driver's-license revocations based on their refusals to submit to breathalyzer tests. The court held that admitting certified Department of Revenue records under section 302.312.1 did not violate due process rights to confront and cross-examine adverse witnesses because the Doughtys could have subpoenaed and examined the arresting officers. The court rejected their constitutional challenge to section 302.312.1 under both the United States and Missouri Constitutions.

Holdings

1. Section 302.312.1 does not violate the Doughtys' federal or state due process rights because the Doughtys had the ability to subpoena and cross-examine the arresting officers at their review trials.
2. The circuit court properly admitted the Director's certified records under section 302.312.1, and the admission did not require testimony to identify or authenticate the records or establish foundation.

Questions Presented

1. Whether section 302.312.1 of the Missouri Revised Statutes violates the Fourteenth Amendment to the United States Constitution or article I, section 10 of the Missouri Constitution by permitting certified Department of Revenue records to be admitted without testimony from the officers who prepared them.
2. Whether admitting the Director's certified records without requiring the arresting officers to testify denied the Doughtys due process rights to confront and cross-examine adverse witnesses.

Disposition

affirmed