Driving offenses associated with driving while intoxicated or DWI in Kansas City, Missouri, are taken very seriously. You can face severe criminal and administrative consequences for these actions. The type of consequences you will face depend on your age, your profession, your history of similar offenses, and your BAC. For instance, the BAC or blood […]
If you or a loved one is facing DWI charges in Kansas City, Missouri, you are going to be dealing with criminal law and administrative law concerning your driver’s license being revoked or suspended. Criminal law will address the ticket that you receive. A conviction will result in points against your driving record, which may […]
Quite literally every single Alcohol Influence Report*I have read has listed the officer observing an odor of alcohol or an intoxicating beverage.** This includes cases where the defendant blew 0.00 BAC on the breathalyzer machine. The phrase is ubiquitous and indeed is the most commonly cited evidence in DWI prosecutions.
At first blush, this seems like common sense. We have all been around an intoxicated person who smelled like the local watering hole.
However, the data on this issue paints an entirely different picture. Not only is the smell of alcohol poor evidence to rely on in DWI cases, it can be inversely correlated to intoxication – in other words, the more someone “smells drunk,” the less intoxicated they might actually be.
This morning I got a client’s DWI – Chronic Offender § 577.023(2) reduced to a different charge. The case is not over, but this is a huge win. A DWI Chronic Offender is someone who commits the crime of Driving While Intoxicated (which is usually a misdemeanor) after previously being convicted of DWI four or more times […]
What is Continuous Alcohol Monitoring?
Continuous alcohol monitoring is becoming more prevalent in DWI cases in the Kansas City area. Continuous alcohol monitoring (“CAM”) is performed by an ankle bracelet that measures transdermal alcohol content. One percent of alcohol is lost through the skin as a gas. TAC – or transdermal alcohol content mirrors BAC/blood alcohol content, but on a curve that happens two hours later. CAM devices measure a person’s TAC approximately every half hour. Additionally, some devices have GPS monitoring or radio monitoring and can be used as house arrest devices.
I regularly see unrepresented defendants plead guilty to the charge of driving while suspended. Many judges in courts around town will offer not-so-subtle warnings to the defendants that “pleading guilty may result in your license being suspended.” I would phrase that warning a little bit differently: “Pleading guilty to driving while suspended will ABSOLUTELY* result […]
In every state in the country, driving with a breath alcohol content over .08 is illegal. Most every police agency in the country tests for BAC with some type of breathalyzer machine. Missouri has authorized a number of breathalyzer machines for use, including the Intoxilyzer 5000 and 8000, Datamaster, Alco-Sensor IV, and Intox DMT. Each of […]
One of the most frustrating conversations I have with clients (and potential clients) is about the rights they have already forfeited. Being arrested for a DWI is stressful and it can be hard to cope. Many times, the court date is over a month away, and people ignore (on purpose or accidentally) the charge in the time […]
Accumulating 8 points in 18 months will suspend your Missouri drivers license. Suspension lengths: 1st suspension 30 days 2nd suspension 60 days 3rd and subsequent suspensions are 90 days Additionally, getting 12 points in 12 months, 18 points in 24 months, or 24 points in 36 months will revoke your Missouri drivers license. After your […]
I’ve written about impending changes to Missouri’s municipal court system here. In short, the Missouri Legislature and Supreme Court have enacted a number of rule changes – one of which requires courts to give defendants time to pay their fines. Kansas City has allowed defendants time to pay fines, at least as long as I’ve […]