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By Echo Menges
Nearly five months after a bench trial in Case No. 23SE-CC00034, Bryan Whitney v. Director of Revenue, Judge Kristie Swaim upheld the mandatory one-year suspension of Whitney’s driver’s license. This ruling supports the Director of Revenue’s decision based on Whitney’s refusal to submit to an alcohol test after his September 29, 2023, arrest for allegedly driving while intoxicated.
Whitney is the Scotland County Sheriff.
Under Missouri’s implied consent law, every licensed driver in the state consents to a chemical test if law enforcement suspects them of impaired driving. Refusal to submit to such a test can lead to an automatic one-year license suspension.
Whitney’s attorney, Travis Noble, argued in the June 20, 2024, bench trial that field sobriety tests were improperly administered by Missouri State Highway Patrol Trooper Travis Wood. Noble also contended Whitney was given only 19 minutes and 46 seconds, just short of the legally required 20 minutes, to contact his attorney during the arrest.
Whitney’s primary evidence—a body camera video recorded by Trooper Wood—was submitted to the court improperly by the plaintiff, contributing to a delay in the ruling. Despite requests from this reporter and the Memphis Democrat newspaper, the video has not been made available to the public or viewed in an open courtroom setting.
Judge Swaim took the case under advisement on September 13 after reviewing the evidence, and on Friday, November 8, she issued a comprehensive 24-page decision. Judge Swaim concluded that the sobriety tests met legal requirements and that Whitney had the full 20 minutes to contact his attorney.
The Director of Revenue’s case was represented by special prosecutor David Goring, following a recusal by former Scotland County Prosecutor April Wilson due to a conflict of interest. Judge Swaim was also appointed to the case after Scotland County Associate Circuit Judge Kimberly Nicoli stepped down, citing the same conflict.
What’s Next?
The criminal case against Whitney, who faces a Class B misdemeanor charge for driving while intoxicated, is set for a jury trial in Scotland County on December 16 (Case No. 24SE-CR00006, State v. Bryan Whitney). Knox County Associate Circuit Judge Tom Redington, appointed after Judge Nicoli’s recusal, will preside over this case.
Whitney is presumed innocent unless proven guilty in court.
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