Carr v. Director of Revenue

In Carr v. Director of Revenue, 95 S.W.3d 121 (Mo. App. 2002), the officer testified that he followed the proper observation procedures prior to the test. Id. at 122. Carr, on the other hand, testified that he was allowed to smoke a cigarette, use the restroom, and place a butterscotch candy into his mouth during the 15 minute observation period. Id. The trial court apparently believed Carr, because it held that he had properly rebutted the State's prima facie case that the test was admissible, and the court of appeals affirmed. Id. at 126.