August 9, 2016

New Police Tactics for Rural Missouri DWI Cases

New Police Tactics for Rural Missouri DWI Cases It has recently come to my attention that some counties in Missouri are employing a bold new strategy for the investigation of DWI cases. The police in these counties have been told not to administer any field sobriety tests as part of a drunk driving investigation. This bold strategy comes directly from the elected prosecuting attorney in those counties, which raises significant issues about the role of a prosecutor in criminal investigations, but I will get to that in a minute. The goal of this new strategy is to keep skilled DWI […]
July 26, 2016

Can a DWI Be Expunged in Missouri?

Although many crimes cannot be expunged in Missouri, a DWI is one of the exceptions. Not only can a DWI be expunged in Missouri, but if a person meets the statutory requirements for expungement, then the court must grant the expungement. This is a major difference from the limited expungements available in other types of criminal cases where the expungement is at the discretion of a judge. The requirements that must be met for a DWI to be expunged are laid out in RSMo Section 577.054, those requirements are:   Ten years must pass from the time of the offense; […]
July 26, 2016

St. Louis Criminal Lawyers File Suit Against Police

Two St. Louis criminal defense lawyers and a civil rights attorney have filed a lawsuit in federal court seeking compensation for a client due to police and prosecutor misconduct. The criminal case that led to this lawsuit is the local equivalent to the Netflix documentary Making a Murderer. Lincoln County police, with the assistance of the Lincoln County prosecutor handling the case, ignored key pieces of evidence that were proof a man charged with murdering his wife was actually innocent. Based on the police’s own timeline, the husband had an airtight alibi because he was nearly thirty miles away at […]
July 19, 2016

What is the Difference Between DUI and DWI?

When people find out I am a DWI defense lawyer I get asked a number of questions, but one common question is “What is the difference between a DUI and a DWI?” I even remember getting asked this question back when I was in law school and really had no idea about the answer. There was a time back then when I had the mistaken belief that one was related to alcohol intoxication and the other was related to drug intoxication. That answer was wrong, that is not the difference between a DUI and a DWI. The real answer to […]
July 13, 2016

Is Uber the End of DWI’s? What About Self-Driving Cars?

As a DWI defense lawyer I get asked these questions often. The Uber question has been much more frequent since Uber finally came to St. Louis last year. The self-driving car question is starting to pop up more and more as well. The truth of the matter is that Uber is only an improvement on an option that was already available to people: taxis. Uber is much more efficient, and I do believe people are less likely to drive drunk now that Uber is an option because it overcomes several obstacles that have plagued the taxi industry such as long […]
May 30, 2013

Years After Arrest, Missouri Drunk Driving Trial Finally Ends

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Thursday, May 30, 2013. In March 2010, Missouri police pulled over a man in Franklin County for a traffic violation. Officers believed that the man was “following another vehicle too closely,” so they pulled him over and apparently had probable cause to conduct field sobriety tests. This eventually led to drunk driving charges and a conviction over two years later. According to the police, the Missouri man blew a .095 on a Breathalyzer. This reading put the man just over the legal […]
May 26, 2013

DWI in St. Louis – Holiday Law Enforcement Tactics

By Jason Korner of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Sunday, May 26, 2013. DWI arrests in the St. Louis area should increase this Memorial Day Weekend due to a new stategy put in place by the Missouri State Highway Patrol. Each Missouri State Highway Patrolman will be responsible for a twenty mile stretch of highway, and will patrol that section of highway vigialantly. The main focus for law enforcement is to ticket people who are speeding and to get drunk drivers off the roadways over the holiday weekend. It’s called […]
May 23, 2013

St. Louis Football Player Accepts Plea Deal in Drunk Driving Case

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Thursday, May 23, 2013. At this point in the year, the football season may not be on the radar of many people in Missouri. Yet a St. Louis Rams player is likely wondering how the upcoming season will be impacted by the sentence he recently received for drunk driving charges. In April, we covered the arrest and trial of Trumaine Johnson, and he was recently sentenced. Before being sentenced, Johnson apparently made the decision to plead guilty on lower charges in order to receive […]
May 22, 2013

Man Convicted of DWI After Driving an ATV on Private Property

By Jason Korner of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Wednesday, May 22, 2013. To be guilty of a DWI in Missouri there is no requirement that a person is driving a car or that he is driving on a public road. A Warren County man was recently convicted of driving an ATV while intoxicated in his friend’s front yard. The man had prior convictions and received a fifteen year prison sentence even though he was never behind the wheel of a car. There are two major issues in this case. […]
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