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 […]
September 3, 2014

Do You Know the Laws for Underage Drinking in Missouri?

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, September 5, 2014. Do you know your state’s laws regarding underage drinking? In Missouri, underage consumers of alcohol may face serious punishment simply because they possess a beverage. Even more serious consequences may arise for underage motorists facing a drunk driving charge. Were you aware that underage drinking and driving is governed by different rules than those pertaining to older drivers? In fact, teenagers’ blood alcohol content must be below 0.02 percent in order to avoid a drunk driving allegation. The BAC that triggers […]
July 25, 2014

Underage Drinking Still a Problem Despite Changes in Law

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, July 25, 2014. Think back to the mid-1980s, when the National Minimum Drinking Age Act essentially required that all states raise the minimum age for drinking to 21. Should we still be supporting that piece of legislation? Experts in Missouri and other states say, “maybe not.” Even though the law was designed to protect teens from fatal vehicle accidents — and drunk driving charges — it seems to have had an unintended effect. That is, more underage drinking is occurring than ever before, despite […]
June 13, 2014

Lower Conviction Rates Could Result from Looser Alcohol Rules

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, June 13, 2014. Two years of debates and several votes have led officials in one Missouri town to lower the age limit for entering a bar. The city council in Maryville has decided to allow 19- and 20-year-old residents into the city’s drinking establishments, although a panel of restrictions would be in place. Bar owners will be allowed to determine whether the younger individuals enter their facilities. The council had enacted an ordinance in January to raise the admission age to 21; that rule […]
May 23, 2014

College Kids Risk Conviction as Stoned Driving Rates Increase

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, May 23, 2014. College students in Missouri and other states may be more likely to get behind the wheel while high instead of while drunk. In fact, a new study shows that college freshmen are significantly more likely to both ride with a stoned driver and drive themselves while high. This contradicts statistics that show that more young adults are using alcohol than pot. About 31 percent of those who have smoked marijuana are risking a DWI conviction because they have gotten behind the […]