A Missouri man was sentenced to a 59-year prison term after causing an injurious drunk driving accident that wounded two youngsters and an adult. The defendant was accused of second-degree vehicular assault in connection with the accident. He was also charged with leaving the scene of the crash, among other violations.

Authorities say that the 2009 incident occurred when the driver caused a wreck that seriously injured two children — ages 4 and 8 — along with a 27-year-old woman. Prosecutors said that the man reportedly moved the woman into the driver’s seat in an effort to avoid being apprehended for intoxicated driving. As a side effect, the woman’s son was removed from her custody, largely because she thought she was behind the wheel when the crash occurred. Other evidence later came to light indicating that the woman had not been driving when she and her children were injured.

The man was behind the wheel of a 2007 Kia that plunged off of a Missouri roadway. The vehicle struck an embankment before launching into the air and hitting a tree. The driver suffered only moderate injures in the wreck.

The sentence in this case may seem harsh for a simple drunk driving offense, but it is critical to remember that the man is categorized as a persistent offender. The man had previous offenses that included three DWI convictions and at least one conviction for possession of a controlled substance. He still has one case pending in connection with allegedly possessing a controlled substance and attempting to resist arrest. Criminal defendants should remember that their prior record may play a role in sentencing outcomes for a current case, no matter the nature of the allegations.

Source: Daily Journal, “Man sentenced to 59 years for DWI accident” No author given, Apr. 25, 2014

A 22-year-old Missouri man has entered guilty pleas for three criminal counts in connection with a fatal car wreck in 2012. The defendant has pleaded guilty to two counts of second-degree assault and one count of involuntary manslaughter in connection with the case. It is not clear whether the manslaughter charge is officially considered vehicular manslaughter, though it does also carry weighty implications.

Authorities say that the driver was intoxicated when he caused the fatal wreck in late 2012. The driver had consumed several beers while spending an evening at a comedy club. The young man was 20 at the time of the accident; blood alcohol content standards for underage drivers are even more strict. Still, the man was found to have a blood alcohol content of 0.122 percent, well above the legal limit for driving in the state of Missouri. The accident killed one 24-year-old female passenger and left two others recovering from serious injuries. One victim is still in a coma.

News reports show that a sentencing hearing will occur in early June. The judge in the case must decide among a variety of punishments. The prosecution is seeking serious penalties that would send the man to prison for seven years. However, defense attorneys are pushing for a more lenient option under Missouri law 559. That would allow the defendant to spend a minimum of 120 days in prison and attend alcohol rehabilitation. The defendant would then have an opportunity to serve probation instead of serious prison time.

Defendants who are facing DWI convictions for multiple offenses or other driving while intoxicated charges may benefit from the help of a Missouri defense attorney. These professionals provide assistance that may help protect the rights of those accused of drunk driving. An arrest for drunk driving does not mean that the defendant is automatically considered guilty.

Source: FOX 22 KQFX, “Man pleads guilty in deadly 2012 Columbia crash” Lucas Geisler, Mar. 31, 2014

A 34-year-old Missouri man will spend 14 years in prison in connection with a car accident that killed his young son and injured four other victims. The man was recently sentenced in connection with the car accident. He had pleaded guilty to several charges, including involuntary manslaughter and second-degree assault. The man received a total of 21 years’ prison time, but two of the sentences will be served concurrently, lowering the total to 14 years.

Official reports show that the vehicular manslaughter incident occurred in November 2012, when the man’s 3-year-old son died in a wreck between Ozark and Nixa. The child was riding in the back seat of the vehicle, while his mother was a passenger in the front seat of the car. Authorities say the at-fault driver’s vehicle traversed the center line and struck an oncoming SUV. Another car then struck the SUV after the initial collision. The toddler was killed and four other people were injured in the crash; the man who was sentenced, though, remained unharmed.

Even though the man was not charged with a separate drunk driving count in connection with the case, officers at the scene reported noticing that the man smelled strongly of alcohol and was exhibiting signs of intoxication. The man told the officer that he had simply consumed two beers at lunch. Later analysis showed that the man’s blood alcohol content about a half-hour after the crash registered at 0.102 percent, which is significantly higher than the legal limit of 0.08 percent.

Charges that were dismissed because of the plea agreement included misdemeanor third-degree assault charges and at least one outstanding traffic violation. In this case, the Missouri defendant chose to plead guilty to the charges, allowing his attorneys to negotiate with prosecutors for a more favorable sentence. Although guilty pleas are useful in some cases, they are not always appropriate. Criminal defendants should discuss their plea options with their qualified criminal defense attorneys before making such a major decision.

Source: News-Leader.com, “Father sentenced to prison for crash that killed toddler” No author given, Jan. 06, 2014

An alleged drunk driver has entered a guilty plea for assault charges in connection with a collision in Missouri that severely injured a college student. The 20-year-old victim reportedly suffered serious injury during the wreck, which has caused her to walk with a cane and take time away from her studies at Tulane University. News reports indicate that the driver wept openly at the courtroom proceedings, during which he entered his guilty plea for vehicular assault.

Authorities report that the man admitted to drinking more than four beers after a late-night work shift before getting behind the wheel to go home. That is when he ran into the victim’s vehicle, as both were driving on Missouri 19 at about 10 a.m. on a Sunday. The man’s blood alcohol content at the time of the collision was 0.131 percent, significantly higher than the state’s legal limit of 0.08 percent. A subsequent test taken later in the day confirmed that his BAC measured at about 0.079 percent. Even though this reading may seem low, officers factor in alcohol metabolism to work backward, calculating the estimated BAC at the time of the actual collision.

The defendant has been ordered to spend a 120-day term in a state prison alcohol rehabilitation program as a criterion for the plea agreement. Then, a judge will decide whether to sentence him to the remaining five years in prison; if he is rehabilitated enough, he may be released on probation. He must also serve 800 hours of community service. Now, the man is just awaiting further courtroom proceedings in the matter, as his formal sentencing date is slated for next month.

Even though this man pleaded guilty to vehicular assault, he will avoid serious penalties if he is able to successfully complete the rehabilitation treatment plan prescribed by the Missouri judge. DWI convictions do not always have to have long-term consequences for offenders; in fact, criminal defense attorneys can sometimes negotiate fair deals, such as this plea agreement. Defendants accused of driving while intoxicated may benefit from the assistance of a qualified criminal defense attorney, especially if they are facing multiple offenses.

Source: KHQA 7, “Tearful plea agreement in ‘Pray Out Loud’ DUI case” Kris Wernowsky, Dec. 18, 2013

They call it “affluenza” — the inability to understand the consequences of your actions because you are simply too rich and entitled. Although it is not an official diagnosis, it was recently used in a successful courtroom defense in the South, allowing a wealthy teen to avoid prison time even though he reportedly killed four pedestrians in a drunk driving wreck. The boy’s blood alcohol level at the time of the crash was three times the legal limit, according to official reports. However, he will only serve a 10-year probation sentence in connection with the felony DWI allegations, instead of facing the potential 20-year sentence behind bars.

A judge in the case decided against imprisoning the 16-year-old driver, largely because of testimony from a psychologist in the boy’s juvenile court case. Mental health professionals say that Missouri residents, nor anyone else, cannot actually suffer from “affluenza,” because it is not a diagnosed mental condition. Some say the term should never have been used, and it was misinterpreted as an actual defense.

Opponents of the decision say that the boy’s parents have not punished him for the incident, and the judge simply reinforced that decision by putting him on probation instead of sentencing him to jail time. The teen admitted to charges associated with the intoxication manslaughter case during the three-day-long legal proceeding. He was accused of stealing beer from a nearby store in his Ford F-350 truck and driving away with seven friends before striking the four pedestrians, ages 21 to 52.

Even though the defendant will not be serving jail time for the DWI charge, his parents have agreed to send him to a comprehensive rehabilitation center on the West Coast, at a cost of $450,000 per year. Even though “affluenza” may not be an actual diagnosed condition, it appears that this teen was lucky enough to benefit from the defense. It is not clear whether this case will set an important precedent for future juvenile cases, though it has caught the nation’s attention. Meanwhile, the families of the victims can pursue civil litigation for the tragedy that ended their loved ones’ lives.

Source: KRCG 13, “ Did wealth and privilege help drunken teen get light sentence?” RAMIT PLUSHNICK-MASTI, Dec. 13, 2013

A 27-year-old Missouri man is facing a criminal trial after he was allegedly involved in a June car accident that killed two people. The man is facing vehicular assault charges in connection with the incident in addition to accusations of involuntary manslaughter. The defendant was reportedly driving drunk at the time of the accident. The charges had initially been classified as Class C felonies, but the severity of the allegations was increased in mid-November. The charges are now Class B felonies.

Prosecutors say that the changes came about because two people were killed in the accident. Legal precedent allows amended filings in such cases and potentially increased prison terms. The man would have faced just a seven-year term under the Class C regulations. Now, he could be subject to 15 years’ time in prison if convicted.

Authorities report that the June accident occurred when the defendant lost control of his car while driving around a curve. Estimates show that he may have been traveling twice as fast as the 35 mph speed limit in the area. Two victims in their mid-twenties were killed when they were ejected from the vehicle. The car reportedly rolled three times. Another victim, age 24, survived the single-car crash, possibly because he was wearing his seatbelt. That man suffered moderate injuries in the collision.

Officials were able to obtain a warrant to collect a blood sample from the driver, who initially refused to provide a breath sample. He was unable to perform a field sobriety test at the time of the crash, though news reports do not indicate whether he was too injured to do so.

Defendants in such criminal cases should know that an arrest for drunk driving – or even for manslaughter – does not mean that they will be considered guilty. Criminal defense attorneys can help these individuals learn more about their courtroom rights, which will allow them to make the most prudent legal decisions in light of their individual concerns.

Source: www.joblinglobe.com, “Webb City man to stand trial in fatal car crash” No author given, Nov. 13, 2013

After a long week at work, many people like to head out to a local restaurant to chat with friends and family over a good meal, and either a glass of wine or a beer. According to a recently released report, however, these restaurant goers who purposely restrict their alcohol consumption at dinner may need to start becoming even more conscientious about the number of drinks they consume.

According to a report released earlier this week by the National Alcohol Beverage Control Association, the alcohol levels in the beers, wines and mixed drinks served in restaurants across the U.S. have been steadily increasing, meaning drinks are often far more potent than most patrons realize.

Of course, this means that patrons who are otherwise accustomed to having a few drinks over the course of an entire dinner may inadvertently find themselves over the legal limit for driving, a scenario that could result in an arrest for driving while intoxicated.

The report goes on to argue that the USDA’s Dietary Guidelines for Americans should perhaps be revised (i.e., lowered) in light of this new reality and to provide people with better advice on safe drinking.

These guidelines currently define a “drink” as either 12 ounces of regular beer with an alcohol content of 5 percent, 5 ounces of wine with an alcohol content of 12 percent or 1.5 ounces of 80-proof spirits which are 40 percent alcohol by volume. They also dictate that moderate drinking for women translates into one drink a day and up to two drinks a day for men.

The inaccuracy of these guidelines becomes apparent, says the report authors, when you consider that the majority of wines sold in restaurants now have alcohol contents of 14 to 15 percent and are typically served in 6-plus ounce glasses. Similarly, they point out that some 12-ounce bottles of beer now have an alcohol content of 6 percent and that many restaurants serve beers in pint glasses, which are 16-ounces in size.

“The dietary guidelines aren’t very useful,” said one expert who was not involved in the report. “They don’t parallel the drinking habits of the American public.”

In the meantime, safety experts urge restaurant patrons to assume that the alcohol being served is more potent than it may appear and to adjust their intake accordingly.

Remember, if you’ve mistakenly consumed too much alcohol and find yourself arrested on suspicion of felony DWI here in St. Louis, you should strongly consider speaking with an experienced attorney who will carefully examine your situation and help you protect your future.

Source: U.S. News & World Report, “How much alcohol in your drink? Stronger beverages make it tough to tell,” Brenda Goodman, Oct. 15, 2013

A York, Pennsylvannia District Attorney is planning to introduce evidence of a prior DWI and alcohol classes during the trial of man now charged with several charges including vehicular manslaughter. The DA disclosed his intention to use this evidence during a pretrial conference with the judge and defense attorney.

Prior DWI’s Generally Inadmissible as Evidence
The general rule in criminal trials is that evidence of prior criminal acts is not admissible as evidence. Such evidence would unduly prejudice the jury while adding very little probative value to the case at trial. Evidence that a man drove drunk once in the past does not make it more or less likely that he was driving drunk on the specific night in question during the trial. This general rule applies no matter how many prior DWI’s a person may have received.

Exception to the General Rule: Testifying in Your Own Defense
If a defendant chooses to take the stand to testify on his own behalf at trial, then the evidence of prior crimes, including any prior drunk driving cases, can come into evidence. There are multiple reasons for this, but the two most important are: 1) so the prosecutor can show the person was familiar with the procedures of a drunk driving investigation and arrest; and 2) evidence of prior crimes can be introduced to impeach the credibility of the defendant if he testifies in his own defense.

It is unlikely the York, Pennsylvannia DA will be allowed to introduce evidence of the prior drunk driving case, or of the alcohol related classes the defendant may have previously attended. This is one of the benefits for a defendant with priors during a drunk driving trial, and it is also why a defendant with multiple DWI’s still has the opportunity for a fair trial.

If you have been charged with a DWI or a Felony DWI and believe you may want to explore the possibility off fighting your case at trial, please contact The Law Office of Jason A. Korner for a consultation.

Source: www.ydr.com, “DA wants to raise prior DUI at trial for fire chief’s death,” Rick Lee, September 18, 2013.