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, 2014

Red-Light Camera Tickets Cannot be Enforced in St. Louis

By Jason Korner of The Law Office of Jason A. Korner posted in Red-Light Camera Tickets on Wednesday, February 12, 2014. A St. Louis Circuit judge ruled red-light camera tickets cannot be enforced in St. Louis City.  The judge ruled more than two months after petitions were filed on behalf of two women asking the court to uphold a prior ruling that the red-light camera tickets were not enforceable. The Circuit judge agreed with the petitioners and struck down the enforcement of the cameras. One of the chief complaints about red-light camera tickets is the tickets are simply a revenue […]
January 6, 2014

2,200 DWI Cases Impacted by Crime Lab Errors

By Jason Korner of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Monday, January 6, 2014. Prosecutors have admitted errors in blood alcohol test results in 2,200 DWI investigations. The crime lab errors occurred at a lab in Orange County, California. The lab error was caused by a calibration problem in a machine used to test blood alcohol samples. The calibration error will affect well over a thousand samples, including samples that may result in a higher blood alcohol content when retested on a properly calibrated machine. The lab errors are so worrisome […]
January 4, 2014

The St. Louis “No Refusal Zone” and Politics

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Saturday, January 4, 2014. St. Louis City recently set up a highly publicized “No Refusal” Zone for New Year’s Eve. The idea of a No Refusal Zone is that any person arrested for DWI who refuses to voluntarily submit to a chemical test to determine blood alcohol level will then be forced to submit to the test. The person is forced into the test because the arresting police officer and the prosecutor’s office, here the St. Louis Circuit Attorney’s Office, will request search […]
October 31, 2013

Is a Law Enforcement Agency Using Zombies as DUI Prevention Tool?

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Thursday, October 31, 2013. In a matter of hours, children here in St. Louis and across the state of Missouri will be donning their capes, masks and makeup, and heading out for a night of trick-or-treating. However, children won’t be the only ones out enjoying the evening, as countless adults will also be putting on costumes and heading to parties at the homes of friends or area hotspots. Of course, one of the predominant fixtures at many of these adult-themed Halloween celebrations […]