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 […]
February 12, 2013

On Breath Test Refusal and Parked Vehicles in Missouri DWI Cases

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Tuesday, February 12, 2013. Some common DWI issues have come up in a recent case in Ladue. Police say that a 25-year-old man from St. Louis was passed out in his car when officers approached his vehicle in a parking lot. He was allegedly behind the wheel, and the engine was running. The man was charged with persistent-offender DWI because, if he is convicted, it would be his third offense. He was previously convicted of drunk driving in 2012 and in 2008. As is […]
February 4, 2013

Felony DWI Charge for Young Woman Arrested in Wildwood

On behalf of The Law Office of Jason A. Korner posted in Felony DWI on Monday, February 4, 2013. In Missouri, you can be charged with felony DWI in a couple of situations. If you have two prior drunken driving convictions, a third conviction will be regarded as a felony. Felonies, of course, carry significantly tougher penalties than misdemeanors. A first or second DWI offense is typically treated as a misdemeanor; that is, unless a DWI crash happens and a person is injured. Even if it’s your first DWI charge, an injury to a passenger or some other person will […]
January 16, 2013

Supreme Court Hears Local Breathalyzer Refusal Case

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Wednesday, January 16, 2013. When a person is pulled over on suspicion of drunk driving, the common practice is for an officer to ask the driver to submit to a breathalyzer blood-alcohol test. While other sobriety tests such as field coordination examinations and direct syringe extraction of blood for medical testing are available, most often the breathalyzer test is relied upon to determine intoxication. Drivers in Missouri, indeed in all 50 states, have the right to refuse a breathalyzer test after being pulled over, […]
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