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 […]
September 27, 2013

Sentence Handed Down in DWI Crash that Killed St. Louis Lawmaker

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, September 27, 2013. Earlier this month, a St. Charles County Circuit Court judge handed down a sentence in a drunk driving case involving a 26-year-old man who was involved in a chain-reaction car crash last summer that resulted in the death of a popular five-term St. Louis alderman. According to court records, the young man was driving eastbound on Highway 370 at around 12:30 a.m. back on August 1, 2012, when he was involved in a minor fender bender with a […]
September 20, 2013

Underage Drinker Allegedly Passes Out on Stranger’s Couch

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, September 20, 2013. A Missouri youth was claimed to have been driving while drunk and crashing his car onto the property of a church.  It is further alleged that he fled the scene, entered a stranger’s home and fell asleep on a couch. The owners of the home called county law enforcement officers to report that they had found this youth in their home.  He was arrested after officers arrived at the home and then released into the custody of his parents.  The young […]
September 18, 2013

DA Attempting to Use Prior DWI in Vehicular Manslaughter Trial

By Jason Korner of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Wednesday, September 18, 2013. A York, Pennsylvannia District Attorney is planning to introduce evidence of a prior DWI and alcohol classes during the trial of man now charged with several charges including vehicular manslaughter. The DA disclosed his intention to use this evidence during a pretrial conference with the judge and defense attorney. Prior DWI’s Generally Inadmissible as Evidence The general rule in criminal trials is that evidence of prior criminal acts is not admissible as evidence. Such evidence would unduly […]
September 17, 2013

Vehicular Manslaughter Charge for Woman Who Ran Over Boyfriend

By Jason Korner of The Law Office of Jason A. Korner posted in Vehicular Manslaughter on Tuesday, September 17, 2013. A St. Louis County woman has been charged with vehicular manslaughter after running over her boyfriend in Overland. Rachel Collier and her boyfriend had been drinking and fighting in a car on August 23rd. When her boyfriend got out of the car, she moved over to the driver’s seat and began driving, at which point she hit him. The man was later pronounced dead at a local hospital. Blood draws of Ms. Collier’s blood alcohol content several hours after the […]
//]]>