During the trial, director offered into evidence Exhibit A, which contained certified copies of the Department of Revenue's records relating to driver's arrest and the revocation of her license. Driver objected to the admission of these records stating they had not been served on her at least seven days before trial as required under section 490.692, RSMo 1994. However, at trial, driver acknowledged she received a copy of the police report through supplementary means. The director conceded that the records had not been served on driver before trial, but argued that the records were certified under section 302.312, which does not contain a service requirement. The trial court sustained driver's objection and excluded exhibit A. Subsequently, the trial court ordered the director to permanently stay the order of revocation of driver's driving privilege.
Director raises two points on appeal.
We will address only the first point because it is dispositive of the case. Exhibit A, which consisted of copies of the Department of Revenue's records relating to driver's arrest. The director argues the records were admissible as evidence under section 302.312, in that the records were properly certified by the appropriate custodian and this statute does not require the records to be served on the opposing party at least seven days before trial. The judgment of the trial court will be affirmed unless it is not supported by substantial evidence, it is against the weight of the evidence, or it erroneously declares or applies the law. The evidence is viewed in the light most favorable to the judgment.