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 […]
Open Container laws regulate the existence of opened containers of alcoholic beverages in public places and in vehicles. This is distinct from regulating the consumption of alcoholic beverages. The United States federal government has enacted guidelines (tied to federal highway funds) for states to follow that prohibits the possession of an open container in a […]
If a police officer suspects a person of driving while intoxicated, the officer has two types of tests at his disposal: chemical tests and field sobriety tests. Chemical tests are breathalyzers, blood tests, urinalysis, and other methods that attempt to measure a driver’s blood alcohol level. Many years ago, field sobriety tests varied depending on […]
Driving While Intoxicated charges are different. It is a crime where you can beat the criminal charges entirely, and still face consequences (for details, read about the two sides of a DWI case). The standards for evidence collection are different – in no other criminal case would we tolerate the police collecting the best evidence […]