A St. Louis Circuit judge ruled red-light camera tickets cannot be enforced in St. Louis City.  The judge ruled more than two months after petitions were filed on behalf of two women asking the court to uphold a prior ruling that the red-light camera tickets were not enforceable. The Circuit judge agreed with the petitioners and struck down the enforcement of the cameras.

Complaints of Red Light Camera Tickets

One of the chief complaints about red-light camera tickets is the tickets are simply a revenue generator for the city.  This complaint is backed by the numbers. The City of St. Louis made $22,000 every day from the cameras, which added up to $6 million in revenue in 2013. One-third of that money was then paid to American Traffic Solutions, the company who operated the cameras. These revenue totals alone have upset many people, but the circumventing of constitutional rights is the most offensive part of the red-light camera industry.

In most jurisdictions, including St. Louis City, the red-light camera tickets are deemed “civil fines” so people do not have the right to a criminal trial, and the city is not required to prove the person guilty beyond a reasonable doubt. Unless otherwise shown, the violation goes with the car similar to a parking violation. The people who do not pay these “civil fines” are subjected to constant badgering by collection agencies, and face a compromised credit score if the ticket is not paid.

Fortunately, this St. Louis Circuit judge has done the right thing in this case.  Hopefully, some of the other local jurisdictions utilizing red-light cameras to raise revenue will follow the example set by the judge in St. Louis City and stop enforcing these red-light camera violations.  Some other local municipalities that use these cameras are Ellisville, Creve Coeur, and St. Peters, among others.

If you have a criminal law case, or would like to speak with an attorney regarding criminal issues, please contact our firm at (314) 409-2659 or contact us here.

Source: www.kmov.com, “Judge rules St. Louis cannot enforce red-light cameras”, by KMOV staff, February 12, 2014.

Prosecutors have admitted errors in blood alcohol test results in 2,200 DWI investigations. The crime lab errors occurred at a lab in Orange County, California. The lab error was caused by a calibration problem in a machine used to test blood alcohol samples. The calibration error will affect well over a thousand samples, including samples that may result in a higher blood alcohol content when retested on a properly calibrated machine. The lab errors are so worrisome that local authorities have asked the State Health Department to review the lab’s standards and procedures.

Lack of Confidence in Blood Alcohol Content

Many people associated with a DUI case are always concerned with what a person’s blood alcohol content was at the time of the arrest. Lab problems like these in California are always a concern because for every lab problem that is discovered there is the possibility that many more problems are not discovered. Police and prosecutors always like to harp on a blood alcohol test as if those tests are perfect and infallible, but lab problems do exist that affect the accuracy of the blood alcohol tests. Unfortunately, too many people, including prosecutors, give more credit to the blood alcohol test than the observations of the suspect or the results of the field sobriety tests. When the results of field sobriety tests do not support the result of a blood alcohol test, it may be an indication that the blood alcohol test is inaccurate.

Standards for Scientific Evidence

Many courts almost automatically admit breath or blood test evidence. Given these current lab problems, judges should begin to take a more critical look at the foundation for these chemical tests prior to their admission into evidence. If the tests cannot meet the scientific standards, then they should not be admitted into evidence. Further, defense attorneys should vigorously attack the flaws inherent with these chemical tests at trial. These tests are not perfect and it is the job of skilled defense attorneys to illustrate that point for judges and juries.

If you have been arrested for DWI and took a breath test in Missouri, please read about the problems with Missouri’s breath test system.  It is important that you call DWI attorney Jason Korner at (314) 409-2659 so he can help you preserve your rights and challenge any pending driver’s license suspension.

Source: Los Angeles Times, “O.C. Crime Lab finds more errors in DUI testing,” Richard Winton, November 22, 2013.

In a matter of hours, children here in St. Louis and across the state of Missouri will be donning their capes, masks and makeup, and heading out for a night of trick-or-treating. However, children won’t be the only ones out enjoying the evening, as countless adults will also be putting on costumes and heading to parties at the homes of friends or area hotspots.

Of course, one of the predominant fixtures at many of these adult-themed Halloween celebrations will not be candy but rather alcohol. In recognition of this fact, law enforcement officials are likely going to be out in full force tonight, conducting sobriety checkpoints and saturation patrols.

For those unfamiliar with saturation patrols, it essentially means a larger number of officers will be present in smaller geographic areas, such as those districts that are home to a larger percentage of bars, clubs or restaurants.

In keeping with the theme of Halloween and drunk driving prevention, it is worth noting that the Utah Highway Patrol has been running a very unique drunk driving prevention campaign in the weeks leading up to Halloween that capitalizes on a very popular horror genre.

Specifically, the law enforcement agency has joined forces with a real local group calling themselves Zombies Against Drunk Driving to raise awareness.

Over the last few weeks, troopers and actors dressed in full zombie makeup have been making appearances everywhere from bars to movie theaters throughout Salt Lake City, scaring “the bajeebees” out of patrons — in a humorous way — about the dangers of drunk driving.

While no such zombies have been spotted here St. Louis, those planning to consume alcoholic beverages this evening should take the time to arrange alternate transportation — designated driver, taxi, etc. — ahead of time, or at least remember to secure a safe ride at the end of the evening.

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 Salt Lake Tribune, “Zombies to scare you out of drinking and driving,” Michael McFall, Oct. 23, 2013

Earlier this month, a St. Charles County Circuit Court judge handed down a sentence in a drunk driving case involving a 26-year-old man who was involved in a chain-reaction car crash last summer that resulted in the death of a popular five-term St. Louis alderman.

According to court records, the young man was driving eastbound on Highway 370 at around 12:30 a.m. back on August 1, 2012, when he was involved in a minor fender bender with a passing big rig.

Unlike the truck he hit, which had pulled over to the side of the highway to inspect the damage, the young man stopped in the middle of the highway to survey the condition of his pickup truck.

Shortly thereafter, another semi truck heading in the same direction on Highway 370 saw the pickup in the middle of the road and stopped to offer assistance and warn the young man to get out of the road. During this time, yet another truck arrived at the scene, parking directly behind the first stopped truck.

Unfortunately, the city alderman — who had been a delivery driver for over 25 years — was driving down the same stretch of Highway 370 as part of his route, but failed to see the stopped semi trucks in the middle lane.A chain-reaction crash ensued and the alderman suffered what proved to be fatal injuries.

In the aftermath of the crash, the young man was charged with misdemeanor DWI and pleaded guilty to this charge just a few weeks ago in St. Charles County Circuit Court. Here, the presiding judge handed him a six-month suspended jail sentence and two years probation. He was also ordered to install an ignition interlock device on his vehicle, complete an alcohol treatment program, and abstain from purchasing, possessing and consuming alcohol.

While many people have questioned why the young man was not charged with involuntary manslaughter, the county prosecutor later indicated that their simply wasn’t sufficient evidence to prove that the young man acted with criminal recklessness and that it’s highly possible the alderman was not paying attention at the time of the wreck.

“There was another driver that was in the exact same lane and facing the exact same traffic conditions who was able to stop and do it safely,” he said.

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: The St. Louis Post-Dispatch, “Driver pleads guilty of DWI in crash that killed St. Louis Alderman,” Kim Bell, September 16, 2013

Football fans here in St. Louis and across the state of Missouri are busy gearing up for the Rams home opener this coming Sunday. In fact, even though kickoff is still many hours away at this point, it hasn’t stopped local sports broadcasters and beat writers from providing every last detail about the team’s preparations and about the league in general.

Interestingly enough, as meticulous as the media coverage of the National Football League typically is, many outlets likely missed a very interesting story concerning a new step being taken by the NFL Players Association to help cut down on the number of drunk driving arrests involving both players.

On Wednesday, NFLPA Executive Director DeMaurice Smith announced that the union had officially entered into a partnership with Uber, a transportation company that allows people to “request, ride and pay” via their mobile phone. Here, players will have the option of downloading the Uber app, which can then be used to summon safe transportation to their exact location in just a few keystrokes and in a matter of minutes.

According to Smith, the reasoning behind the NFLPA’s partnership with Uber was that something needed to be transformed regarding player behavior, as previous methods of trying to get players home safe after nights on the town weren’t necessarily doing the job.

“The goal with Uber was to not only provide quick access to great transportation, but also to really look at all of the ways we can act to change behavior,” said Smith. “The Uber system uses the GPS technology built into the phone, so you don’t have to take the additional step of actually calling someone and having a conversation. The ease of the technology improves the readiness to utilize the service.”

While some many naturally question the need for such a partnership, consider the large number of players arrested for drunk driving during the 2013 offseason. Consider also, the circumstances currently faced by Dallas Cowboys defensive lineman Josh Brent, who is now facing up to 20 years in prison on intoxication manslaughter charges after being involved in a car wreck back in December 2012 that killed a teammate.

It should be very interesting to see if this new partnership helps cut down on the number of DWI arrests among professional football players. In the meantime, if you have been arrested for driving while intoxicated, it’s imperative to consider speaking with an experienced attorney who will fight the charges against you.

Source: Sports Illustrated, “NFLPA partners with Uber to provide safer rides for players,” Doug Farrar, September 4, 2013