Section 62 First-Line Defenses: Statutes, Regulations, Methods, and Techniques of Missouri Department of Health and Senior Services
| Library | DWI Experts and the Science of Chemical Tests 2014 |
Defense counsel may be able to show that there was a failure to follow the methods and techniques outlined by the MoDHSS (Missouri Department of Health and Senior Services) Breath Alcohol Operator Manual, Type III Operator Manual (2013) (Type III Manual), available at:
http://health.mo.gov/lab/breathalcohol/pdf/TypeIII
OperatorManual.pdf
Section 577.020, RSMo Supp. 2012, and § 577.026, RSMo 2000, deal specifically with this issue. Also, Missouri caselaw supports this defense. The defense can be asserted by attacking the...
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