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 […]
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; […]
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 […]
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 […]
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 […]
Case Conclusion Date: November 21, 2011 Practice Area: DUI / DWI Outcome: After filing and arguing several pretrial motions, Mr. Korner convinced the prosecutor to dismiss the felony DWI and the weapons charge. The resisting arrest was reduced to a misdemeanor. Description: Driver was traveling 120 mph on northbound I-270 in Town & Country. Driver was pulled over and, after admitting to drinking 5 drinks, he was arrested for his 3rd DWI and Felony Resisting Arrest for trying to evade the police. A search of the car located a gun, which added further criminal charges.
Case Conclusion Date: January 10, 2013 Practice Area: Criminal Defense Outcome: Client chose to fight the case and after a thorough investigation, Mr. Korner was able to show the witness was lying and the police investigation lacked credibility. All charges were dismissed prior to trial. Description: Client was accused of sodomizing a 2 year old girl. The girl’s mother said she had witnessed the crime. Client faced life in prison, but was offered a 20 year sentence if he plead guilty.
Case Conclusion Date: February 5, 2013 Practice Area: DUI / DWI Outcome: Driver’s License Suspension Dismissed because Jason Korner convinced the Hearing Judge that there was No Probable Cause to arrest the driver for DWI. Description: Driver repeatedly crossed the lane line while driving, smelled of alcohol, had bloodshot eyes, and refused to perform field sobriety tests. After arrest the driver’s Blood Alcohol Content was a 0.157% according to a breath test.
Case Conclusion Date:February 21, 2013 Practice Area:DUI / DWI Outcome:Case Dismissed by Agreement with the Prosecutor. No Driver’s License Suspension Due to Problems with the Breath Test Machine. Description:Client was arrested for DWI and blew a 0.157%. Although the client was in his personal vehicle, any DWI plea or license suspension would suspend his Commercial Driver’s License for one year and he would be fired from his job.