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 […]
December 24, 2013

Driver Gets Conditional Sentence in Vehicular Assault Case

On behalf of The Law Office of Jason A. Korner posted in Felony DWI on Tuesday, December 24, 2013. An alleged drunk driver has entered a guilty plea for assault charges in connection with a collision in Missouri that severely injured a college student. The 20-year-old victim reportedly suffered serious injury during the wreck, which has caused her to walk with a cane and take time away from her studies at Tulane University. News reports indicate that the driver wept openly at the courtroom proceedings, during which he entered his guilty plea for vehicular assault. Authorities report that the man […]
December 20, 2013

Affluenza Defense Prevents Jail for Vehicular Manslaughter

On behalf of The Law Office of Jason A. Korner posted in Felony DWI on Friday, December 20, 2013. They call it “affluenza” — the inability to understand the consequences of your actions because you are simply too rich and entitled. Although it is not an official diagnosis, it was recently used in a successful courtroom defense in the South, allowing a wealthy teen to avoid prison time even though he reportedly killed four pedestrians in a drunk driving wreck. The boy’s blood alcohol level at the time of the crash was three times the legal limit, according to official […]
December 11, 2013

Cops: Research Intimidation Prevented Breath Test Refusal

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Wednesday, December 11, 2013. First, imagine being randomly pulled over by the police even though you have not done anything wrong. Then, picture yourself being forced to provide saliva, breath and even blood samples as part of a national transportation research study. That is exactly what is happening in jurisdictions throughout Missouri and the rest of the nation, as the National Highway Traffic Safety Administration conducts a federal research study about drunk driving. At least one municipality in Texas is refusing to participate in […]
December 7, 2013

Why Refuse the Breath Test if Not Drunk?

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Saturday, December 7, 2013. The question often comes up during DWI cases that include a breath test refusal, “Why would he refuse the breath test if he was not drunk?” There are many different answers to this question. “I was always told not to blow, no matter what” is a common answer. Another common, and justified, answer is “I did not trust the breath test machine.” Occasionally this is even followed up with by the person requesting a blood test instead because he […]