Recently a judge ruled a sobriety checkpoint invalid in a DWI case because it did not comply with the law. Specifically, the judge held there was a lack of evidence to show the location of the checkpoint had a high rate of drunk driving. Due to the judge’s ruling, all evidence obtained after the stop of the defendant was deemed inadmissible, which essentially ends the prosecution of the defendant. The case will either be dismissed at the discretion of the prosecutor or by the judge for lack of evidence.

In the United States police do not have the right to pull over or stop a car without a valid reason. The only reason DWI Checkpoints are constitutional is because those checkpoints fall into a public safety exception that has been recognized by the Supreme Court. It is important to realize these checkpoints remain an exception to the general rule that police cannot stop anyone they would like. A valid checkpoint must comply with requirements that have been specifically set out by the Supreme Court. Certain criteria must be adhered to such as having a prepared plan for the checkpoint so there is no discretion for individual police officers to determine which vehicles are stopped and which are not. The stops must be completely random and cannot take into account a driver’s age, race, or gender, nor can the type or condition of a vehicle be considered.

While there is no mandatory checklist in Missouri for considering the constitutionality of specific sobriety checkpoints, numerous factors have been repeatedly recognized by courts that have held Sobriety Checkpoints invalid. The primary purpose of a sobriety checkpoint must be to look for intoxicated drivers. It is vital to examine all checkpoints to ensure they comply with the laws laid out by Missouri and by the United States Supreme Court.

Click here to read more information about DWI laws and procedures in Missouri.

Source: www.delawareonline.com – “DUI Check Location Invalid”, Sean O’Sullivan, July 27, 2013.

DWI arrests in the St. Louis area should increase this Memorial Day Weekend due to a new stategy put in place by the Missouri State Highway Patrol. Each Missouri State Highway Patrolman will be responsible for a twenty mile stretch of highway, and will patrol that section of highway vigialantly. The main focus for law enforcement is to ticket people who are speeding and to get drunk drivers off the roadways over the holiday weekend. It’s called the Twenty Mile Trooper Program.

Law enforecement believes this program will work as good or better than traditional checkpoints at removing drivers who are under the influence of alcohol from the roads. It is important for drunk driving attorneys to pay attention to drunk driving arrests that occur within the Twenty Mile Trooper Program because the troopers are out with the stated purpose of making drunk driving arrests. These arrests will have to be investigated specifically for illegal stops by over zealous troopers.

Drunk driving arrests that occur over holiday weekends must always be investigated for the possibility of illegal or pretextual stops.  Law enforcement tends to put in the news how successful these programs are, and they evaluate the success by the number of arrests made.  It has been announced that these special patrols will take place on Highway 44 and Highway 70, so be aware if you live in Fenton, Eureka, or St. Charles.

Source: www.fox2now.com, “Police Cracking Down on Drunk Drivers This Holiday Weekend,” Anthony Kiekow, May 24, 2013.

• Our firm specializes in the field of drunk driving defense. We pay special attention to issues such as illegal stops, especially for arrests that occur during a holiday weekend. To find out more please visit our webpage with more information on DWI’s and our DWI Results.

People arrested for DWI will now have their age and gender posted on Twitter by the Minnesota Department of Public Safety. On May 10th the Minnesota Highway Patrol launched a crackdown on drunk driving that included posting the location of all drunk driving arrests along with the demographic information of the person arrested. It appears the original idea was to post the names of the people arrested for drunk driving as a way to publicly shame them. The crackdown included over 150 police cars focused solely on drunk driving enforcement. The date of the enforcement effort was not chosen at random, but rather it coincides with the beginning of the Minnesota fishing season that begins on May 11, 2013.

It will be interesting to see if other communities around the country pick up this idea of public shaming. With the emphasis on drunk driving enforcement in the St. Louis area, it would not be surprising to see municipalities like Town & Country or Maryland Heights experiment with similar tactics.  There is also Jefferson County which has been already been pushing the envelope when it comes to drunk driving enforcement by implementing roaming DWI checkpoints in attempts to circumvent social media postings about checkpoint locations.

This is yet another example of law enforcement jumping to the conclusion of guilt and punishment before letting the legal process play out in court. With an experienced attorney, and many defenses available, it is possible to avoid a conviction even after an arrest for drunk driving.

Source: MyFoxTwinCities.com, “Minnesota State Patrol to Post DWI Arrests on Twitter,” May 9, 2013.

– Our firm is experienced in handling all issues involving drunk driving charges in and around the St. Louis area. For more information please see our DWI page and our Jefferson County DWI page.

It’s not uncommon for police departments to increase the number of patrols out on holiday weekends. As such, law enforcement agencies throughout Missouri have made it very clear that they will be out in full force over the course of the upcoming St. Patrick’s Day weekend with the intention seeking out drunk drivers.

Of course, this announcement doesn’t mean that people in the St. Louis area should abandon plans to have fun with friends, but it is a reminder that police will aggressively pursue any reason to pull over a driver they believe is intoxicated. Even a couple drinks spaced out over time can put a person at or near the legal blood-alcohol limit. Because of this, drivers are encouraged to take precautions.

The upcoming effort comes as a response to an enforcement effort that took place late last summer. During that time, nearly 600 people were arrested on DWI charges statewide.

Even though police are actively preparing for the holiday weekend, it does not mean they are free from making errors in the field. In an effort to meet quotas, police may be careless and fail to observe standard procedures when administering field tests or conducting arrests.

Above all, it’s important for Missouri resident to be prepared for the weekend. When enjoying the company of good friends, it may not be difficult to overestimate one’s alcohol tolerance, an honest mistake with potentially severe consequences. When facing legal challenges, it may be most beneficial to seek counsel in order to determine the options that can help resolve the issue in the most positive way possible.

Source: St. Joseph Channel, “Statewide Campaign to Target Impaired Drivers in Missouri,” Bridget Blevins, March 13, 2013

• To learn more about facing drunk driving charges, please visit our St. Louis DWI page.