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 20, 2013

Man Acquitted of DWI After Being Forced to Submit to Blood Draw

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Wednesday, March 20, 2013. Although the verdict wasn’t reached in a Missouri court, a recent DWI story out of another state is reminiscent of a Missouri case that will soon be decided by the U.S. Supreme Court. The primary legal question in both cases is whether or not it is a violation of constitutional rights to force drunk driving suspects to submit to a blood test without a warrant. In the out-of-state case, a man charged for drunk driving was finally acquitted after years […]
January 23, 2013

DWI Courts Emerging as Alternative to Fines, Jail

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Wednesday, January 23, 2013. It’s no secret that serious fines, jail time, and lengthy or permanent license suspensions can follow a conviction on drunk driving charges. The penalty for being found guilty of DUI or DWI can potentially upend a person’s entire life, putting a brake on not only their finances and mobility, but also marrying them to a negative social stigma that can last long after a sentence has been served. Part of a wider attempt to more comprehensively change and […]
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, […]
December 31, 2012

AAA Joins Call for Mandatory Ignition Locks

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Monday, December 31, 2012. Earlier this month we brought you information on the National Transportation Safety Board’s call for mandatory ignition interlock devices’ inclusion for all DUI and DWI convictions, including first-time offenders. Now it seems another automotive travel association has echoed the NTSB’s statements, making it all the more likely that sweeping national legislation may soon be enacted. The automotive non-profit organization AAA last week voiced its official support for ignition interlocks as a mandatory sentence term for all drunk driving […]