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 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 […]
October 25, 2013

Study Examines How Fake IDs Affect Alcohol Consumption Patterns

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, October 25, 2013. At this time of the year, college campuses here in Missouri and across the nation are buzzing with activity as students prepare for mid-terms, work part-time jobs and manage a busy extracurricular calendar. Not surprisingly, many of these students somehow manage to also make time for alcohol consumption. However, a new study shows that many of them doing so are not necessarily of the legal drinking age. A group of researchers at the University of Maryland set out to examine just […]
October 11, 2013

Study Shows Just How Much Alcohol Can Affect a Person’s Judgment

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, October 11, 2013. One of the unfortunate realities of alcohol consumption is that it can surreptitiously affect a person’s ability to make sound judgments. For instance, many people who have consumed only a few drinks mistakenly believe that they are okay to drive home, only to find themselves in the back of a squad car a short time later after a police officer measures their breath alcohol concentration as being well over the legal limit. Interestingly, researchers at the University of […]
October 4, 2013

Bills Would Give Students Immunity from Underage Drinking Charges

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, October 4, 2013. One of the unfortunate realities when it comes to underage drinking and college students is that it often crosses the line from mere experimentation to dangerous overindulgence. Indeed, statistics have shown that levels of binge drinking among college students continue to rise despite the education and enforcement efforts of officials at schools here in Missouri and throughout the U.S. Interestingly, lawmakers in the state of Wisconsin are considering a somewhat novel approach to the problem of underage drinking: granting both academic […]