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 […]
March 27, 2014

Drunk Driving Charge Possibility Does Not Deter Teen Behaviors

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Thursday, March 27, 2014. As high school prom season beckons, growing concern about underage drunk driving is rising within Missouri communities. A new study has brought additional alarming statistics, showing that although today’s teenagers are more educated than ever about the dangers of drunk or distracted driving, they have a hard time saying “no” to those behaviors. Experts say that many of these teens may be close to receiving drunk driving charges because they do not practice what they have preach. A new survey issued […]
March 19, 2014

Reps: License Suspension Not Enough for DWI Offenders

On behalf of The Law Office of Jason A. Korner posted in Driver’s License Suspension or Revocation on Wednesday, March 19, 2014. Although the number of DWI arrests in Missouri dropped significantly between 2012 and 2013 — from 29,560 to 25,594 incidents — many in the state say that more needs to be done to curb repeat drunk driving offenders. In many cases, drivers in the state are only subject to license suspension; they may not spend any time in custody. Advocates for new legislation want to change that, requiring additional severe penalties for those with multiple DWI charges. Some […]
March 12, 2014

Mom Facing DWI Charge After Toddler Falls Out of Car

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Wednesday, March 12, 2014. A 30-year-old woman is facing multiple charges after a young child reportedly fell out of her vehicle while she was driving. The woman is facing a DWI charge in addition to allegations of possession of marijuana, child endangerment and failure to provide proof of insurance, among others. The incident occurred on Chipman Road in Lee’s Summit, Missouri. Official reports show that the driver was preparing to turn onto Hwy. 50 when the 1-year-old child in the back of […]
March 5, 2014

License Suspensions Lifted After Breath Tests Deemed Inadmissible

On behalf of The Law Office of Jason A. Korner posted in Driver’s License Suspension or Revocation on Wednesday, March 5, 2014. The outcome in a Missouri drunk driving case may come down to the distinction between two little words: “and” and “or.” Defense attorneys in the state are seeking to prevent license suspension and other penalties for their clients by arguing that blood alcohol testing equipment must be calibrated using three different values. That camp — advocates for the “and” interpretation of the statute — argues that any evidence collected by a breathalyzer that was not calibrated to all […]