Breath Test Question Triggers Mistrial in Sheriff’s DWI Case

By superadmin | August 13, 2025

Bryan Whitney, center, talks with his lawyer, Travis Noble, left, outside the Scotland County Courthouse after a mistrial was declared Thursday, Aug. 7, 2025. Photo by Echo Menges.

Improper question ends proceedings just 58 minutes after the jury was seated.

SCOTLAND COUNTY, Mo. — A misdemeanor DWI trial for Scotland County Sheriff Bryan Whitney ended in a mistrial Thursday, Aug. 7, 2025, after the prosecutor asked about an inadmissible breath test result, prompting an immediate objection from the defense.
Shelby County Associate Circuit Judge Mike Greenwell, presiding over case No. 24SE-CR00070, declared the mistrial less than an hour into proceedings, excused the 12-person jury and one alternate, and set a new trial date for Feb. 27, 2026, in Scotland County. He will continue to preside over the case.
The mistrial followed a question from special prosecutor David Goring, the Adair County prosecutor, who asked Missouri State Highway Patrol Trooper Travis Wood if Whitney was “over the legal limit” when a field sobriety breath test was administered during a Sept. 29, 2023, interaction with the off-duty sheriff.
Wood answered “yes” as defense attorney Travis Noble objected to the question while it was being asked and answered. The lawyers approached the bench, and after a brief private discussion, Greenwell abruptly declared a mistrial, thanked the jury for their service and excused them.
According to Noble, the mistrial occurred because results from field breath tests, known as a PBT (preliminary breath test), are not admissible in court.
“Everybody knows you don’t do that. It’s not admissible. I didn’t want to ask for a mistrial, but I’m not willing to take that kind of a risk for my client by letting it go on. You can’t un-ring that bell,” Noble told the Memphis Democrat. “I even reminded (Goring) before court not to bring that up. It’s not admissible for a reason.”
Goring declined to comment after the mistrial was declared.
The jury selected Thursday has been excused from service. A new jury will be chosen from a new pool next year.

Jury Selection in a Tightly Knit Community
Thursday’s jury selection process proved notable, given the case was tried in Scotland County, where Whitney is a publicly elected law enforcement official.
According to current U.S. Census Bureau data, about 4,716 people live in Scotland County. Of the 80 people summoned, 61 prospective jurors appeared in court Thursday; more than 86% said they knew Whitney.
Despite that high percentage, 12 jurors and one alternate were seated. Only three of the 13 jurors reported not knowing the defendant. Two jurors said they had known Whitney for six and eight years.
Eight of the 13 jurors reported prior knowledge of the case through local media or social media. Of the total 61 prospective jurors, 33 said they already knew about the case, and 14 said they did not believe they could be fair and impartial if chosen.
Several members of the jury pool said they could be fair but felt uncomfortable serving because of personal connections to Whitney.
“I could be fair, but it would put me in a tough spot,” said one juror. “We drink coffee together.”
Two prospective jurors and one selected juror said they were former or current neighbors of the defendant. Another prospective juror asked not to be chosen because of a close personal tie with a family member of Whitney. Another reported being Whitney’s grade school teacher.
Several prospects reported knowing the defendant for many years — “40 years,” “25-plus years,” “38 or 39 years,” “20–30 years.”

Background
Whitney was arrested off duty by the Missouri State Highway Patrol on Sept. 29, 2023, and accused of driving while intoxicated. He has denied the allegation in court.
On March 15, 2024, Goring formally charged Whitney with a Class B misdemeanor DWI in Scotland County case No. 24SE-CR00006. The probable cause statement alleged Whitney was observed speeding, veering off the roadway and showing signs of impairment during field sobriety tests, with a PBT reading of 0.093% blood alcohol concentration. Whitney refused a subsequent chemical breath test, and a blood sample was taken under a search warrant, which Noble argues was not over the legal limit.
In December 2024, one business day before the scheduled jury trial, Goring dismissed the case without explanation. A week later, on Dec. 20, 2024, he refiled the same DWI charge under a new case number, No. 24SE-CR00070, restarting the criminal court process.
Multiple judges and prosecutors have recused themselves from the case due to conflicts of interest, leading the Missouri Supreme Court to assign Knox County Associate Circuit Judge Tom Redington to preside over the first case and Greenwell to preside over the newly filed case.
Whitney has also filed a civil case against the Missouri Department of Revenue to overturn the automatic one-year suspension of his driver’s license for allegedly refusing the breath test. In November 2024, Adair County Associate Circuit Judge Kristie Swaim ruled in favor of the DOR, upholding the suspension. Whitney has appealed that decision to the Missouri Court of Appeals, where the case remains pending.

What’s Really at Stake?
In normal circumstances, a first-offense misdemeanor DWI case receives little to no attention in the realm of public interest or journalistic scrutiny. What makes this case notable is that a sitting, publicly elected sheriff and Scotland County’s top law enforcement authority was charged with the crime.
Whitney is facing minor criminal consequences, if convicted, including a maximum of six months in jail and/or a fine of up to $500 with little to no lasting impact on an otherwise clean criminal record.
According to Noble, Whitney’s Missouri POST (Police Officer’s Standards and Training) certification could be in jeopardy if he is convicted, opening the possibility of him being pushed out of the law enforcement field.
“Yes, that’s what we’re fighting here, and we’re not going to make a deal on a charge he’s not guilty of,” Noble said. “That’s why we’re here.”
Whitney, 45, is a native of Scotland County. He began his law enforcement career in 2001 as a sheriff’s deputy at the Scotland County Sheriff’s Office. In 2015, he was promoted to chief deputy under former Sheriff Wayne Wynn before being elected to his first term as sheriff in 2020, taking office Jan. 1, 2021.
In November 2024, Whitney ran unopposed in the most recent election, receiving over 80% of the vote from 1,241 voters out of 1,465 ballots cast amid the headline-making scandal.
Notably, no one in the jury pool was required to respond if they voted for Whitney in that election.