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Missouri Police Chief Charged With Tampering With Evidence

Jason Korner — Tue, 29 Sep 2020 16:48:30 +0000

It All Started With a Traffic Stop …

The police chief in Leadwood, Missouri (about 75 southwest of St. Louis) has been charged with tampering with evidence and stealing a handgun from the evidence locker at the police department. The charges stem from an incident where a woman was arrested after two handguns and methamphetamine were found in her car during a traffic stop. The police chief did not become involved in the case until the woman arrived at the police department. The chief told the arresting officer the woman would not be charged with a crime and no police report was to be written about the incident. The woman came to the station months later and tried to get the two handguns back. At that time, other officers identified discrepancies with the evidence log on the date of the original incident. The Missouri State Highway Patrol was notified and began an investigation. When interviewed, the police chief admitted to falsifying the evidence log and taking one of the handguns from the evidence locker and keeping it at his home.

Police Misconduct Comes in Many Forms

These charges against the Leadwood Chief of Police highlight the fact that police misconduct does exist. That may sound obvious given the state of the news recently after a rash of police violence and shootings across the country over the past few months, but the important lesson to take away from what happened in Leadwood is that police misconduct can manifest in many different ways. A case like this is much more subtle than a police shooting, but it is no less dangerous to the criminal justice system as a whole. Thankfully, other officers in the department reported this misconduct and a full investigation was conducted to uncover the tampering with evidence. How many times does an issue like this go unreported?

Good Police Officers Investigate a Bad Police Officer

It is important to say there are many good police officers. In this particular case, there were good, honest police who identified this issue and reported it to Highway Patrol, and Highway Patrol then did their job professionally as well. Police are people just like any other occupation. There are good teachers and bad teachers, good lawyers and bad lawyers, and good doctors and bad doctors. One issue with bad police is they are often covered for by the good police. An old school code exists where police do not hurt other police, even if they did something wrong. They all cover for each other. That did not happen in this case, and the criminal justice system and the city of Leadwood, Missouri are better off because good police officers acted appropriately. The charges against the police chief are currently pending and will be handled in the St. Francois Circuit Court in Farmington, Missouri.

Missouri Criminal Defense Attorney Jason Korner

If you have been arrested or charged with a crime, please contact Jason Korner at 314-409-2659 or click here to fill out a form and our office will contact you. It is important to have good legal representation in all criminal matter so they are investigated fully and the best outcome is achieved.

The Daily Journal, Leadwood Police Chief Charged with Stealing, Tampering with Evidence, September 24, 2020, https://dailyjournalonline.com/news/local/crime-and-courts/leadwood-police-chief-charged-with-stealing-tampering-with-evidence/article_9628e91f-7423-5339-bf41-f162f26e5d81.html

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Illinois to Reduce Driver’s License Suspensions

Jason Korner — Thu, 23 Jan 2020 14:57:10 +0000

The “License to Work Act”

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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What is the Difference Between DWI and DUI?

Jason Korner — Tue, 19 Jul 2016 17:21:45 +0000

DWI vs. DUI

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 the question is simple; it depends on what the legislature in your state named the offense in the criminal statutes for your state. Here in Missouri the legislature used RSMo 577.010 to name the offense Driving While Intoxicated and to define the offense as a person who “operates a motor vehicle while in an intoxicated or drugged condition.”

Some states go away from the general phrasing all together, such as Ohio that has OVI, Operating a Vehicle Under the Influence. Regardless of the name given to a drunk driving charge in any state, the definition of intoxication is a much more important portion of the law. The definition of under the influence of alcohol in Illinois is “a person is under the influence of alcohol when, as a result of drinking any amount of alcohol, his mental or physical faculties are so impaired as to reduce his ability to think and act with ordinary care.” The important part of the Illinois definition is the use of the words “so impaired,” because it overtly states impairment is required. Unfortunately, the Missouri definition only implies impairment, but does not actually state it as a requirement.

Definition of DWI in Missouri

It is important to note that in Missouri intoxication is defined as under the influence of drugs, alcohol, or a combination thereof. Please note, it does not say illegal drugs. This means that if someone takes their prescription Xanax and then has a beer or two that person may very well be legally intoxicated in Missouri. It does not matter that the person has not had enough alcohol to be over the legal limit of 0.08%, or that the Xanax was prescribed by a doctor. If the combination of that Xanax and the beer or two caused the person to be intoxicated then they should not drive. In practice these are very difficult cases for prosecutors to prove. Juries have a difficult time with the combination of legal drugs and alcohol causing someone to be intoxicated. Further, there is no legal limit for drugs, legal or illegal, so drug intoxication becomes a rather ambiguous standard for prosecutors to prove beyond a reasonable doubt.

Another important point is that most blood and urine drug tests will show the presence of a drug, but will not show the drug’s quantity in a person’s system, nor will it show if it is the drug itself, or metabolites from the drug. It is important to know if it is the actual drug or the drug’s metabolites in the person’s system because metabolites are what is left in a person’s body after the active component of the drug have worn off. It is often difficult, if not impossible to tell from metabolites alone when a person may have been under the influence of the drug.

St. Louis DWI Lawyer Jason Korner

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 or click here to fill out an information form for a free consultation specific to your question or situation.

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Why Refuse the Breath Test if Not Drunk?

Jason Korner — Sat, 07 Dec 2013 16:56:48 +0000

By Jason Korner of The Law Office of Jason A. Korner posted in Breath Test Refusal on Saturday, December 7, 2013.

Why You Should Refuse a Breath Test if You Aren’t Drunk

The question often comes up during DWI cases that include a breath test refusal, “Why would he refuse the breath test if he was not drunk?” There are many different answers to this question. “I was always told not to blow, no matter what” is a common answer. Another common, and justified, answer is “I did not trust the breath test machine.” Occasionally this is even followed up with by the person requesting a blood test instead because he believes it to be a more accurate test. The law in Missouri allows a police officer to ask for a sample of a suspect’s blood, breath , or urine. The police officer can even ask for samples of two of the three, and if the suspect does not comply then it is deemed a refusal.

During DWI trials that involve a breath test refusal, the number one issue the jury is usually most concerned with is, “Why did the suspect refuse the breath test?” This is why it is important to have another answer than that the suspect was drunk. Of course there are many reasons why a person would refuse the breath test. It is the job an a skilled DWI trial lawyer to give the jury a reason why the breath test was refused and to demonstrate that the government does not possess adequate evidence to prove the suspect was intoxicated. Notice that I did not say it is the DWI attorney’s job to prove the suspect was not intoxicated. This is because the burden of proof always falls on the government and it is unconstitutional to shift the burden to prove a suspect not guilty to the defense.

One important reason why anyone could refuse a breath test In Missouri is because there are many potential problems with the state’s breath test system because it is outdated and lacks important procedural safeguards. Read more about the problems with the Missouri breath testing system.

If you have been arrested for DWI or have questions related to a breath test refusal in Missouri, please contact attorney Jason Korner at (314) 409-2659 or toll free at (866) 415-1687.

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Study Examines How Fake IDs Affect Alcohol Consumption Patterns

Jason Korner — Fri, 25 Oct 2013 16:37:47 +0000

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, October 25, 2013.

At this time of the year, college campuses here in Missouri and across the nation are buzzing with activity as students prepare for mid-terms, work part-time jobs and manage a busy extracurricular calendar. Not surprisingly, many of these students somehow manage to also make time for alcohol consumption. However, a new study shows that many of them doing so are not necessarily of the legal drinking age.

A group of researchers at the University of Maryland set out to examine just how prevalent both underage drinking and fake IDs were on campus, interviewing 529 women and 486 men — all of whom had consumed alcohol at least once prior to their freshman year — throughout their four-year college career.

The study, which is published in the most recent edition of the journal Alcoholism: Clinical & Experimental Research, found that roughly 66 percent of students surveyed had used a fake ID. Furthermore, this 66 percent used these fake IDs nearly 25 percent of the time they engaged in underage drinking.

As if this wasn’t shocking enough, the study also found that fake ID use often resulted in increases in both drinking frequency and quantity, and even presented an elevated risk of developing drinking-related disorders.

“[W]e showed that while false ID use wasn’t directly related to [drinking-related disorders] risk; it indirectly predicted increases in [drinking-related disorder] risk over time through its contribution to increases in drinking frequency,” said one of the primary authors of the study.

It is also worth noting that the study named certain factors that many of the holders of fake IDs shared in common. These included some of the following: younger ages for first drink, involvement in Greek life, off-campus living and more aggressive levels of thrill seeking.

What are your thoughts on this study? Does possession of a fake ID potentially lead a person down a dangerous path toward addiction?

If you have been charged with underage drinking or drunk driving, you should strongly consider speaking with an experienced attorney who will explain your options, and fight to protect your future.

Source: U.S. News & World Report, “Fake ID use tied to high-risk drinking by underage students,” Oct. 17, 2013

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Study Shows Just How Much Alcohol Can Affect a Person’s Judgment

Jason Korner — Fri, 11 Oct 2013 16:31:34 +0000

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, October 11, 2013.

One of the unfortunate realities of alcohol consumption is that it can surreptitiously affect a person’s ability to make sound judgments. For instance, many people who have consumed only a few drinks mistakenly believe that they are okay to drive home, only to find themselves in the back of a squad car a short time later after a police officer measures their breath alcohol concentration as being well over the legal limit.

Interestingly, researchers at the University of Missouri recently conducted a study in which they sought to examine the impact that alcohol can have on a person’s judgments about drunk driving.

The researchers gathered 82 people in their early 20s — 39 women and 43 men — and asked them about their views on drunk driving and their willingness to get behind the wheel after drinking. However, they made these inquiries in two decidedly different situations, including once when the subjects were sober and once when they’d consumed a moderate amount of alcohol.

What did they discover?

The study, published in the online edition of Alcoholism: Clinical and Experimental Research, found that the majority of the subjects changed their views on drunk driving after consuming the alcohol.

Specifically, they discovered that the biggest difference in perceptions about drunk driving were found when the test subjects were coming down from their peak breath alcohol concentration, meaning they thought it was far safer to drive in that particular circumstance than they did while sober.

According to the study authors, the study results should serve as a valuable reminder to people of all ages not to overestimate their ability to drive safely after consuming even a small amount of alcohol.

“We showed that there are bigger effects on the descending limb of the (breath alcohol concentration) curve, which is important because that’s when people are typically driving home,” said the primary author of the study. “People on the way down (the breath alcohol concentration curve) later in the evening are worse judges of how impaired they are, and they’re more impaired than they think.”

If you have been arrested on suspicion of driving while intoxicated, you should strongly consider speaking with an experienced attorney who will explain your options, and fight to protect your future and your freedom.

Source: U.S. News & World Report, “People’s beliefs on drunk driving may change when they’re drunk,” Maureen Salamon, September 12, 2013

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Bills Would Give Students Immunity from Underage Drinking Charges

Jason Korner — Fri, 04 Oct 2013 16:35:55 +0000

On behalf of The Law Office of Jason A. Korner posted in Underage Drinking on Friday, October 4, 2013.

One of the unfortunate realities when it comes to underage drinking and college students is that it often crosses the line from mere experimentation to dangerous overindulgence. Indeed, statistics have shown that levels of binge drinking among college students continue to rise despite the education and enforcement efforts of officials at schools here in Missouri and throughout the U.S.

Interestingly, lawmakers in the state of Wisconsin are considering a somewhat novel approach to the problem of underage drinking: granting both academic and criminal immunity to those who seek assistance for themselves or others in those scenarios involving dangerous intoxication levels.

The immunity in question would be granted by two separate bills currently under deliberation in the state legislature:

The first bill would prohibit the UW System Board of Regents from handing down academic-related punishment (suspension, expulsion, enrollment restrictions, etc.) against those intoxicated individuals who call 911 for medical assistance for either themselves or others. This academic immunity would also apply when the intoxicated student calls for help from law enforcement.
The second bill would grant those individuals who call 911 for medical assistance for another immunity from underage drinking charges or any other intoxication-related criminal charges. Here, the person who called would be required to remain on the scene and provide assistance to law enforcement officials

“This law will help make Wisconsin a healthier, safer place where young adults do not have to fear being cited for underage drinking if they are being responsible enough to get help when they need it,” said Rep. Terese Berceau (D-Madison), sponsor of the first bill.

It is worth noting, however, that the University of Wisconsin Police Department has actually spoken out against both measures, claiming that they are entirely unnecessary given that the department already has responsible action guidelines in place for underage drinking.

What are your thoughts on this type of legislation? Is it a bad idea or will it help save lives?

If you have been charged with underage drinking or drunk driving, you should strongly consider speaking with an experienced attorney who will explain your options, and fight to protect your future.

Source: The Badger Herald, “Students could see immunity from underage drinking tickets,” Aaron Drews, October 3, 2013

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Study Explores Why More Women are Being Arrested for DWI

Jason Korner — Fri, 13 Sep 2013 18:28:19 +0000

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, September 13, 2013.

The most recent drunk driving statistics from the Federal Bureau of Investigation reveal that men comprised 75 percent of all DUI arrests in 2011 and that roughly 40 percent of all males killed in motor vehicle accidents during this timeframe were under the influence of alcohol.

While this would seem to point to a growing problem of impaired driving among men, researchers say it’s actually the exact opposite. The number of women arrested for DWI has increased significantly, while the number of men arrested for DWI has declined gradually since the mid 90s.

Consider the FBI figures detailed above, which show that women comprised 25 percent of all DUI arrests made in 2011. At first glance, this may seem like a relatively low number. However, consider that this number stood at a mere 10 percent in the early 80s.

Interestingly, a study released by the Traffic Injury Research Foundation earlier this week offers a fascinating explanation as to why more women are being arrested for driving while intoxicated.

According to the study authors, DWI numbers among women are on the rise due to the simple fact that social norms, social control mechanisms and society as a whole have all undergone dramatic transformations over the last several decades.

The researchers arrived at this determination after carefully examining earlier research, speaking with various legal experts and substance abuse specialists, and interviewing roughly 200 women who had previously been arrested for drunk driving in California, Michigan, New York and Missouri.

The study also discovered the following trends among the women arrested for impaired driving:

The majority had children and were single, separated or divorced
The majority indicated that they experienced a “major life stressor” just prior to their DUI arrest
The majority acted as primary caregivers for their children, and were more likely to have physical and mental health needs than their male counterparts

“The results of this study clearly demonstrate the importance of focusing efforts to begin to better understand this problem and to develop more effective strategies both to prevent and manage it,” reads the report.
Indeed, the study authors recommend the creation of specially tailored treatment and alcohol education programs for women.

What are your thoughts on this issue? Is driving while intoxicated becoming a bigger problem for women?

Given the potentially steep consequences of a DWI conviction — license suspension, fines, jail time, to name only a few — those facing drunk driving charges should strongly consider speaking with an experienced attorney to learn more about their rights and their options.

Source: The Chicago Tribune, “DUI demographics point to higher mix of women,” Ted Gregory, September 12, 2013

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Missouri DWI Patrols Will Be Out in Full Force Over Labor Day

Jason Korner — Fri, 30 Aug 2013 18:32:31 +0000

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, August 30, 2013.

People across the state of Missouri will be leaving their places of employment in just a few hours, ready to enjoy the long Labor Day weekend. For some this will mean packing up the car and heading out to see family, while for others it will mean calling up friends to have an impromptu picnic at a local park. Whatever their plans, people need to be aware that law enforcement officials will be out on the roads and highways in full force looking to make as many DWI arrests as possible.

Since August 16, Missouri’s state and local law enforcement agencies have been taking part in the annual Drive Sober or Get Pulled Over campaign, a federally funded initiative designed to raise awareness about the dangers of drunk driving and maximize the number of arrests. The campaign, which runs through Labor Day holiday, is taken very seriously by law enforcement here in the Show-Me State, as evidenced by the 714 drunk driving arrests made in 2012’s effort.

As part of their efforts, law enforcement officials will be mounting both statewide sobriety checkpoints and saturation patrols. For those unfamiliar with saturation patrols, it simply means that a larger number of officers will be present in a smaller geographic area, such as those districts home to a larger percentage of bars, clubs or restaurants.

As for the sobriety checkpoints, local law enforcement officials will announce when they will be planning to conduct these operations, but will not reveal a location. To illustrate, the Missouri Highway Patrol announced just yesterday that it would be holding a sobriety checkpoint “sometime in the month of September 2013” in Ste. Genevieve County. Here, the idea is that the prospect of a potential sobriety checkpoint will serve as a deterrent to would-be drunk drivers in that area.

Given the potentially steep consequences of a DWI conviction — license suspension, fines, jail time, to name only a few — those who have been arrested for driving while intoxicated should strongly consider speaking with an experienced attorney to learn more about their rights and their options for challenging the charges.

Source: Missouri Coalition of Roadway Safety, “The message is clear – Drive sober or get pulled over,” August 12, 2013;KRCG, “Agencies begin ‘Drive Sober of Get Pulled Over’ campaign,” Juliette Dryer, August 15, 2013

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NTSB Proposal for Lower BAC Limit Failing to Win Support

Jason Korner — Fri, 23 Aug 2013 18:35:28 +0000

On behalf of The Law Office of Jason A. Korner posted in DWI / Drunk Driving Charges on Friday, August 23, 2013.

Earlier this spring the National Transportation Safety Board — the independent federal agency tasked with performing “special studies concerning transportation safety” — issued a rather interesting recommendation that would drastically alter the legal landscape as it relates to drunk driving charges.

The NTSB recommended that all 50 states lower their legal blood alcohol content limits from .08 to .05. The primary justification for such a move, said the agency, was that it would help reduce the number of alcohol-related fatalities on U.S. roads.

In support of their recommendation, the NTSB pointed out that over 100 countries currently have a .05 alcohol standard in place and almost all of them have seen an appreciable decline in their auto fatality rates.

Not surprisingly, the suggestion for a lower drunk driving threshold was not met with great enthusiasm by the 50 states — which would prefer to focus on prosecuting repeat DWI offenders or those with extreme BACs — or the hospitality industry — which saw it as overtly hostile to business interests.

In recent developments, it now appears that the NTSB’s recommendation is lacking the support of a key ally — the Department of Transportation.

At an event held yesterday to announce the DOT’s sponsorship of the annual Labor Day drunk driving crackdown, Transportation Secretary Anthony Foxx indicated in no uncertain terms that the crusade for a .05 alcohol standard won’t begin at the federal level.

“To the extent that states adopt measures to lower the limit, that would give us the basis to study the data and to understand the impacts nationwide,” he said.

Interestingly, safety advocacy groups such as Mothers Against Drunk Driving have not expressed overwhelming support for the NTSB recommendation either. This is more than likely attributable to the fact that the previous fight to lower the blood alcohol content to .08 spanned just over two decades.

It is worth noting that to date only South Carolina, Washington and New York have even broached the topic of lowering their blood alcohol limit to .05

What are your thoughts on lowering the legal alcohol threshold? Is it something Missouri should consider or should state law remain unchanged?

Source: Politico, “Anthony Foxx, MADD lukewarm about lower blood-alcohol limit,” Kevin Robillard, August 22, 2013; ABC News, ” Feds recommend tougher drunken driving threshold,” May 14, 2013

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