The son of a Missouri mayor is facing allegations of careless driving in connection with a December encounter with officers. The man, age 25, had initially been suspected of drunken driving, but the charges were downgraded after the initial DWI traffic stop. Prosecutors in the case said they did not have enough evidence to bring DWI charges against the son of Kansas City Mayor Sly James.

Authorities report that the man was pulled over in mid-December after officers saw him drive two tires of his vehicle over a curb. The driver said he simply “glanced a curb,” and he should not have been charged with a crime. Officers reported that the man smelled faintly of alcohol and showed signs of being intoxicated. He also failed field sobriety tests. The man was taken into custody after he refused a breath test. The driver will now be subject to a revoked license because of that refusal.

This is not the first time that the man has faced alcohol-related driving allegations. He was previously convicted of DUI in Johnson County and was arrested on other alcohol-related allegations in Jackson County. The most recent incident marks the second time that the driver has been arrested on suspicion of DUI but not charged with that crime.

Officers said they thought they had enough evidence to bring the drunk driving charge, despite the breath test refusal. The driver failed three sobriety tests, including an eye test, evaluations for turning and walking, and a test in which he stood on one leg. The breath test would have just been an additional piece of evidence. Still, the prosecutor is not bringing alcohol-related charges against the driver.

This is an excellent example of the fact that an arrest for drunk driving does not always lead to a conviction. In fact, those arrested on suspicion of drunk driving are not always charged for that crime at all. Missouri criminal defense attorneys may be able to provide more information to those who are facing allegations for refusing a Breathalyzer and other DUI-related accusations.

Source: The Kansas City Star, “Police cite son of Kansas City mayor for careless driving after he refused breath test” Christine Vendel, Feb. 07, 2014