Here in St. Louis County on an August day in 2014, Michael Brown was shot and killed. There have been questions about the circumstances around his death since that time. Conflicting accounts from many eyewitnesses only added to the confusion. One thing everyone seemed to agree on in the aftermath of Michael Brown’s death and the eventual civil unrest in and around Ferguson, was that police should wear body cameras. If police officer Darren Wilson had been wearing a body camera when he shot and killed Michael Brown, then we would have answers to many of the questions for which we will never have answers. Was it justifiable homicide because Darren Wilson acted in self-defense? Did Darren Wilson get scared and act outside of the law? Was it simply a cold-blooded murder?

Not long after the incidents in Ferguson, a ballot measure known as Proposition P, or Prop P, was added to the St. Louis County ballot. Prop P was lobbied for as a way to raise funds specifically for dashboard cameras for police cars and for body cameras for police officers. It was also said there would be money for additional training for police officers, and that better pay would result in better officers. Prop P passed by a large margin. Unfortunately, none of the funds were specifically earmarked for any particular cause other than “public safety.” Police officers and prosecutors received pay raises, but few if any new cameras showed up. All of a sudden “public safety” was defined broadly. Potholes on streets can cause accidents, so they are a public safety issue, so now Prop P money can be used on routine road maintenance in St. Louis County. This is only one example of how voters were deceived. Voters voted for Prop P so the next time there was a police shooting there would be video to help answer the important questions about what happened. That simply did not happen.

Seven years after Ferguson, and one year after George Floyd, St. Louis County still has not learned important lessons. In 2021, when a 10-year-old kid with a cell phone can take video of any event, there is simply no excuse for police not wearing body cameras. Officials have often pointed to money as the issue, but we saw with Prop P that money was not the problem. The most obvious answer for not having cameras is also the scariest, that police officers simply do not want to be held accountable for their actions while in uniform.

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The Illinois governor signed a new law that will eliminate many driver’s license suspensions for non-moving violations. The “License to Work Act” will take effect in July. One of the main initial benefits of the bill is that it will be retroactive. This means that people who currently have a driver’s license suspension that falls within the new law will be eligible for the reinstatement of driving privileges immediately upon the bill going into effect in July. The governor believes more than ten thousand people could be positively effected by the new law.

Effect of the New Law on Suspensions

Driver’s license suspension can be a tricky area for legislators to navigate. If drivers do too many things that are not allowed, then there must be a punishment. The initial punishment are fines for parking or traffic violations, but if that is not a deterrent then historically a person’s driver’s license has been suspended as punishment. However, once a person’s license has been suspended it can lead to a terrible spiral effect. If a person was suspended for not paying fines and now cannot legally drive to work then how are those fines supposed to be paid. If a person drives regardless of the license suspension and receives a ticket for Driving on a Suspended License, then suspension times are increased and there are additional fines and court costs.

In the case of moving violations such as speeding or running a red light, there are few options when a person habitually disregards traffic laws and a suspension is necessary. Those cases will not be affected by the new law. In the past legislator’s have punished people with a license suspension for unpaid parking tickets, unpaid child support, or failing to appear in court. Many of these suspension will no longer exist when the new law goes into effect in July.

The Possible Impact on Missouri Suspensions

Other states will be eagerly watching Illinois and how the new law effects driving privileges, employment, and compliance things that used to be punished more harshly under the old law. If the new system works in Illinois then Missouri would be smart to enact similar legislation. Suspended drivers are a major issue facing many communities throughout Missouri, and the current system disproportionately effects low-income areas in both the urban and rural parts of the state.

St. Louis Criminal Defense Lawyer Jason Korner

If you have a suspended driver’s license in Missouri and need help getting reinstated, please call St. Louis criminal defense lawyer Jason Korner at 314-409-2659, or click here to fill out the contact form and his office will contact you. Do not get caught in the downward spiral of driver’s license suspensions in Missouri.

Source: St. Louis Post-Dispatch, Illinois Cutting Back on Driver’s License Suspensions, January 20, 2020, https://www.stltoday.com/news/local/crime-and-courts/illinois-cutting-back-on-driver-s-license-suspensions-article_0128b0c8-0707-56df-a302-f799e09e79b-html

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Police and prosecutors are often immune to lawsuits like the one that was filed here, but there is an exception. If the police or prosecutors falsify evidence or take part in similar dishonest practices, then they can face a civil lawsuit to seek damages. Here, the damages are high because a false conviction resulting from the falsified evidence and dishonest police tactics lead to the husband spending more than four years in prison before his exoneration from the murder.

Police and Prosecutors Must Be Held Accountable

The most important part of this civil law suit against the Lincoln County police and prosecutor is that it is a step towards holding police and prosecutors accountable for their actions. One step in accountability, especially in a high profile murder case, is the media, which has condemned the behaviors of the police and prosecutor. Unfortunately, that is only the equivalent of a public shaming. When these people are really put on the line, as defendants themselves, albeit in a civil case instead of a criminal case, that is when the message is really hammered home. Police and prosecutors both have an ethical obligation to seek truth and justice, not convictions. This is a message that gets lost far too often. Television shows that glamorize police work or prosecution, such as Law & Order, taint the real role of the police and prosecutors. When they lose sight of the goals of their job and the ethics involved, innocent people go to jail and prison. Fortunately here, the truth came out and the people involved will not have to answer to a jury in federal court.

If you have been a victim of dishonest police work that resulted in criminal charges, then please contact St. Louis criminal defense lawyer Jason Korner at 314-409-2659 for a free consultation regarding the incident.

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Self Driving Cars and DWI’s

Self-driving cars overcome many of these issues, but as hard as Silicone Valley is trying to get these cars on the road it will take years. Even once self-driving cars are available, it will take a generation to fully integrate them onto the road. Even then, I believe there will still be a group of people who will simply want to drive because they like to drive. Then there is a DWI related question that goes along with self-driving cars: if the person inside the vehicle is intoxicated, could that still be a DWI? Under current law the answer would be yes. A person in a self-driving car still operates the vehicle even if the operation solely involves starting and navigating the vehicle. Once self-driving cars do start making it to the roadways, I imagine these issues will appear in front of the appellate courts rather quickly because people will feel like they have a free pass to drink because they have a self-driving car.

If you or a friend have DWI questions, or if you are seeking representation for a DWI related offense, please contact St. Louis DWI lawyer Jason Korner at 314-409-2659 for a free consultation specific to your question or situation.

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In bars and restaurants everywhere, there are many people who are asking themselves, “How many beers, whiskeys, or glasses of wine can I have before I get .08?” There has never been a simple answer to this question, but it is even more difficult now. The craft beer industry has provided amazing options for all styles of beer, but those beers also have alcohol contents that range from 4.0% all the way to 17.5%. All of a sudden one beer does not count as one beer until we know the alcohol content of the beer. The same has always been when determining how many mixed drinks you can have and still be under the legal limit. If there is a heavy handed bartender, then it may only be one drink, but it is so difficult to determine the amount of alcohol in any mixed drink that someone else makes for you. Finally, wine can be incredibly deceptive because of the different shapes and sizes of the glasses used for wine in bars and restaurants. What used to be a standard five-ounce pour is now more rare than ever.

So what does all of this mean for how many drinks does it take to reach .08? The two most important factors to look at when determining blood alcohol content are the amount of alcohol consumed, and the space over which that alcohol is distributed. The amount of alcohol has to do with the above analysis of how much alcohol people actually consumed when out in social settings. The second factor, the space the alcohol is distributed over, has to do with the person’s weight.

Common BAC Related Myths

There are two common myths that come up when people discuss blood alcohol content:

• “I stopped drinking about 45 minutes before I left the bar and drank water the rest of that time.”

Unfortunately, in this scenario the person only allowed the last drink to be fully absorbed by his body before leaving the bar. His blood alcohol content was probably peaking at the time he left the bar because of the absorption time. Water does not decrease a person’s blood alcohol content. Water does help significantly with a possible hangover the next day, but it will not lower a person’s blood alcohol content.

• “I have a high tolerance, so I can drink more and still be under .08.”

False. A person’s tolerance to alcohol has no effect on the person’s blood alcohol content. A tolerance is a person’s ability to function at elevated blood alcohol contents. Someone who drinks more frequently will often still be able to function normally after a few drinks. Compare this to someone who never drinks who will most likely start to display visual effects of the alcohol after only one drink.

If you or a loved one have been arrested or charged for Driving While Intoxicated, then call our office at 314.409.2659 so we can discuss your case and answer all of your questions. You can also reach the office by filling out this form, and we will call you to answer your questions.

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Am I Obligated to Perform a Field Sobriety Test?

No, you are never required to perform field sobriety tests for a police officer. This is something many people do not know. I can even confess that this is something even my wife did not know until recently. No, she was not the subject of a DWI investigation, but when I was talking to her about writing this blog she was surprised by the answer. The trick here is that police do not make their request to perform field sobriety sound optional. It sounds like an order, or they just move through it as if it is something you are required to do.

This is not the case. You always have the right to refuse to perform field sobriety tests regardless of the circumstances. It does not matter if a police officer pulls you over after you were swerving all over the road and he saw you taking swigs off a bottle of Jack Daniels while you were driving. There is no set of facts or circumstances where the police can compel you to complete field sobriety tests against your will.

Another important note, do not make your refusal to complete the field sobriety tests sound like an admission that you are drunk. Saying something like “I would not do those tests even if I was sober” is a very bad idea. Try, “I have been advised to never submit to these tests regardless of the situation” instead. Once you have made that statement then there is no need for you to explain yourself further. The officer is going to try to talk you into the tests.

He is probably going to also start to question you more by saying things like “Who told you that?” or “Why wouldn’t you perform them if you aren’t drunk?”

It is the police officer’s job to try to gather as much evidence of intoxication as possible, but it is in your best interest to limit that evidence. Even if the police officer does arrest you for DWI, there is going to be far less evidence to use against you in court if you do not perform the field sobriety tests.

With less evidence of intoxication available, the prosecutor handling the case will be less confident in the case, which allows a good DWI defense attorney to negotiate the case from a position of power. If the case were to go to trial, then there is far less evidence for a prosecutor to present to a judge or jury without the field sobriety tests.

If you have been arrested for a DWI, regardless of whether you submitted to the field sobriety tests or not, it is important to speak with an experienced DWI defense lawyer about the specific facts of your case. If you would like to schedule a free consultation with me regarding your DWI case, then call my office at 314-409-2659.

We can speak about your case over the phone, and then schedule a follow up meeting at my office that is also free of charge. After we speak you will have a far better understanding of Missouri DWI law, and how that law may affect your case moving forward.

Video transcript:

Hi, my name is Jason Korner, I am a DWI defense attorney in St. Louis, Missouri. Today we are going to answer a frequently asked question clients come to me with which is: do I have to submit to field sobriety tests when police ask?

The answer is no, you have no obligation whatsoever to submit to field sobriety tests if the officers ask you to submit to them, just like you have no obligation to answer any of their questions, or give any evidence against yourself whatsoever.

Most people feel an obligation to prove their innocence when an officer asked them to submit to the field sobriety tests because the officer has told them that he has suspicion that they are drunk. If you don’t admit to drinking anything, and you don’t submit to the field sobriety tests, this really limits the amount of evidence a police officer is going to have against you.

This helps greatly if you are eventually charged with driving while intoxicated, and this makes it much more difficult for the officer to make the determination of whether he should arrest you or not. If you have any additional questions, please contact my office.

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Unfortunately, for most people a driver’s license suspension after a DWI arrest is no laughing matter. The consequences are far more serious. When a person can no longer drive to work, school, or elsewhere, their daily life is altered dramatically. A DWI arrest can lead to losing a job, and can severely limit what other jobs may be available. For someone with a professional license, such as a doctor, nurse, or schoolteacher, or for someone with a commercial driver’s license (CDL), a DWI arrest may suspend or disqualify the ability to work in that field entirely.

Challenging a driver’s license suspension requires the expertise of a skilled attorney. In the State of Missouri, driver’s license suspensions after a DWI arrest can be challenged within fifteen (15) days where the driver has refused a breath test like the student above. No suspension is automatic as an arresting officer or others may lead you to believe. However, challenging a suspension is time sensitive and should be handled by an attorney with knowledge in this particular field. Upon refusing a breath test, a driver is given a fifteen (15) day temporary driving permit. The suspension must be challenged in the first fifteen (15) days or you have waived your right to challenge the suspension. It is important that anyone with a DWI arrest take quick action.

In the Texas case above, the student is also under the age of 21 which raises additional issues. In the State of Missouri, the legal limit for a person under the age of 21 is .02%. A person with a blood alcohol level over this limit could face a charge of a minor in possession of alcohol (MIP) in addition to a DWI.

These types of cases and other DWI arrests are no joke and require the expertise of a skilled attorney. If you have been arrested for DWI or have questions regarding the DWI process or a driver’s license suspension, please contact St. Louis DWI lawyer Jason Korner at (314) 409-2659 to schedule a free consultation. You can also click here to fill out an information form and Mr. Korner will contact you to answer your questions and schedule an appointment.

“Texas State student rides her Barbie Jeep around campus after DWI arrest, Internet loves it”, Madalyn Mendoza, September 3, 2015

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Summer is a time of experimentation for many teenagers, and that experimenting often includes alcohol and drugs. Teenagers find themselves in trouble more with the law during summer months than at any other time of the year. Free time, disposable income from summer jobs, and boredom form a dangerous mixture for teens. Teens also use summer to test new boundaries as they reach different stages in their lives. The summer after high school can be a dangerous time because kids want to experiment and “prove themselves” before heading off to college. Adversely, the summer after the first year of college leads to teens showing off to their friends back home about how much they drank or what drugs they experimented with while away at college.

Sobering Statistics on Summer Traffic Fatalities and Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), there are an average of 36 fatalities every single day as a result of drunk driving. That number increases dramatically during certain times of the year including Christmas, New Years, and of course the roughly 100 days between Memorial Day and Labor Day. NHTSA’s research indicates there are nearly twice as many deaths from car accidents during the three summer months than during the rest of the year combined. The two primary reasons for this staggering statistic is: 1) there are more vehicles on the road during the summer months; and 2) the number of alcohol-impaired drivers increases significantly during the summer months.

What is the Law for Underage Drunk Drivers?

In Missouri, the legal limit for people under 21 is .02%, which is significantly lower than the 0.08% for adults. One drink could put someone under the age of 21 over the legal limit to drive. During summer months police throughout the St. Louis area are vigilant when looking for underage drunk drivers. This is especially true in areas that are already aggressive on DWI enforcement, especially Town & Country, Maryland Heights, and St. Charles.

If you or a loved one has been charged with a DWI in the St. Louis area, contact DWI defense attorney Jason Korner today for a free consultation. Mr. Korner is happy to answer all of your questions regarding the court process and challenging any possible pending driver’s license suspension. Call Mr. Korner at 314-409-2659 or click here to fill out an information form and Mr. Korner will call you to answer your questions.

https://www.bactrack.com/pages/the-most-dangerous-times-on-the-road

https://www.nhtsa.gov

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As a DWI lawyer in the St. Louis area, I have a lot of conversations with people looking for representation in DWI cases. Many times these people are dealing with a first offense driving while intoxicated charge and a pending drivers license suspension. One of the more interesting things about these conversations is when the people discuss what some other attorneys have told them about their cases. I guess it should not come as too much of a surprise that promises are made and consequences are either inflated or minimized depending on the sales pitch and personality of the lawyers involved. Its very important to point out that I do not believe this is the majority of attorneys, but instead a small subset of attorneys who are doing a disservice to both the potential clients they are speaking with and to other attorneys in the area.

Some DWI Lawyers Are Just in it For The Money

So how does a person searching for quality representation in a DWI case find the right lawyer? One of the most important things is to speak with multiple lawyers so you can see the similarities and differences between various lawyers. Conducting research online and asking the attorneys about their qualifications and experience is another important component to choosing the right attorney. Many areas of law, especially DWI law, has become so specialized and technical that it important to find a lawyer who specializes in that area of law. Ask what percentage of the attorney’s practice is dedicated to DWI defense. Would you really want a divorce or injury lawyer defending your driving while intoxicated case when it is not that lawyer’s primary field of law?

Red Flags to Watch Out For

A red flag to look for are attorneys who tell you immediately that your case should or should not go to trial. How would the attorney know something that important when he has not seen a police report or talked to any witnesses? It is important for lawyers to look at each case individually and not make sweeping statements like, “Well, because you took the breath test you can’t win this case and you need to plea.” After the case is thoroughly looked into the case may not be a good candidate for trial, but there is no way to determine that from one or two quick conversations with the client.

If you have questions you can find more information on How to Hire a Missouri DWI Lawyer here. If you are looking for an honest assessment of your case, then contact my office at (314) 409-2659 or click here to fill out an information form and my office will contact you to discuss your case.

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