Kansas City DWI Lawyers

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Kansas City DWI Lawyers

Patterson Law Office: * Divorce / Custody / Family Law * Mediation - Family Law * Traffic / DWI / DUI * Criminal * Personal Injury * Business Law * Wills / Trusts / Estate Planning
Lynn, Stephen: Municipal Court Defense: Occasionally an individualÕs contact with the Municipal Court is a speeding ticket. However, other times it may be for a more serious offense such as drunk driving, careless and reckless driving, driving on suspended or revoked license, drug possession, carrying a concealed weapon or assault. In such serous charges the defendant may to jail for up to 6 months if found guilty. A conviction may cause you to lose your driving privileges. You should have an experienced attorney to defend you in these matters.
Willard Law Firm: If you have been arrested or charged with a DUI / DWI you want to speak with an attorney as soon as possible to avoid losing your license and to put yourself in a good position to defend your case. With drunk driving, there is a short window for preserving your rights or contesting the suspension of your license. * DUI / DWI * Speeding tickets * Car accident * Driving while suspended * Moving violations * License reinstatement hearings If you are convicted of a DUI / DWI there are serious consequences. Some penalties may include fines, jail or prison time. There are also other possible negative implications such as losing your driver's license, higher insurance rates and having to specify your drunk driving conviction on employment or housing applications.
Buccero, Larry: If you have been charged with DUI or drunk driving in Missouri, it is very important to contact an attorney immediately. Refusing to take a field test or testing above the prohibited levels can result in stiff fines, jail time, the loss of your driving privileges, and many other consequences. Penalties can impact your life in a multitude of ways, from jail time and fines to loss of your driving privileges, your job, your good reputation and your relationships. Penalties increase with each subsequent DUI arrest and conviction. The first conviction can mean six months in prison and a fine of up to $500. A fifth conviction can get you from five to 15 years in jail and fines of up to $5,000, plus court costs. All convictions become a permanent part of your driving record. Serious charges call for a serious legal defense.
Gaddy, Geiger & Brown: criminal defense
Bell, James: If you were arrested on suspicion of drunk driving in Kansas City, Kansas, you should take the roadside breathalyzer test. If you were picked up 50 feet away in Kansas City, Missouri, and you have not had a prior DWI, you shouldn't take the test. That is just one of many legal complexities people living near the border of our two states face.
Reed Bartels: DWI Laws
A person is not guilty of a drinking and driving violation just because he or she is charged with one. The government is required to prove the truth of its allegation beyond a reasonable doubt. The fallacy behind some of the assumptions common in DUI cases, including the accuracy of "field sobriety tests" and breath tests, can be exposed by knowledgeable lawyers. A charge of DWI in Missouri can have serious ramifications on a defendant's driver's license, criminal record and ability to function in society. The right attorney will make a difference. Please call for a free consultation.
First Missouri DWI conviction

First conviction for DWI or excessive blood alcohol content 8 points
A commercial motor vehicle operator testing .04% or more receives 2 points plus is disqualified from driving a CMV for 1 year.
A first time conviction results in a 30 driving suspension generally followed by a 60 day restricted privilege.

Multiple Missouri DWI convictions

Second conviction for DWI or excessive blood alcohol content 12 points
Second conviction regardless of length between them results in a one year revocation of driving privileges
Second conviction within 5 years receives a 5 year license denial
Three convictions or more results in a ten year license denial, and restoration of driving privileges can only be granted by court order after the 10 year denial

How to get your license restored

Pay a $45 reinstatement fee
File & maintain proof of insurance for two years from the date of suspension or revocation
Complete a SATOP (Substance Abuse Traffic Offender Program) and have proof filed with DOR.
If the revocation was 1 year or more, you must also retake the driver exam and pay the new license fee
How the Missouri DWI process works

Once the officer makes an arrest for DWI, and the driver tests .08% or above, the officer issues a summons (ticket), asks the drivers a series of questions listed on the Alcohol Influence Report (AIR), issues a notice of suspension or revocation and a temporary driving permit
The officer then sends this information to DOR
The Driver has 15 days, from the date of arrest, to request an administrative hearing
If the driver does not request a hearing then the license suspension above is imposed 15 days after the date of arrest
If the driver requests a hearing, but the action is upheld, the suspension is imposed 15 days after the final order of the hearing officer is mailed from DOR to the driver.
The driver can appeal an adverse administrative action through the court system.

ABUSE AND LOSE; RSMo 577.500

Generally, Missouri law provides that the license of a driver under the age of 21 may be suspended upon the finding of guilt for any of the following reasons:

  Any alcohol related traffic offense
Possession or use of alcohol while operating a motor vehicle
  Possession or use of a controlled substance
  Altering, modifying, or misrepresenting a drivers license
  Or, the second offense for possession or use of alcohol by someone under 18 years old

The first suspension is for 90 days; the second is for one year.
Penalties
Here are the criminal penalties for a DWI conviction in Missouri. Remember, there are administrative actions against your driver's license as well.

FIRST CONVICTION - Class B Misdemeanor, RSMo 577.010

Punishable by up to 6 months confinement
Fines up to $500.00
Court costs
Reimbursement for cost of processing
A suspended imposition of sentence (SIS) is not available unless it includes 2 years of probation
Administrative license suspension of 30 days followed by 60 day restricted privileges

SECOND CONVICTION WITHIN 5 YEARS - Class A Misdemeanor, RSMo 577.023

Listed as Prior Offender for Judicial purposes
Punishable by up to 1 year in jail; must serve 48 hours
Fines up to $1,000.00
Court costs
Reimbursement for cost of processing
Ignition interlock device must be placed on vehicle
Administrative license revocation of 5 years, 2 of which must be served before a hardship license can be granted

THIRD OR MORE CONVICTION WITHIN 10 YEARS - Class D Felony, RSMo 577.023

Listed as Persistent Offender for Judicial purposes
Punishable by up to 5 years in prison
Suspended execution of sentence (SES) is forbidden by statute
Fines up to $5,000.00
Court costs
Reimbursement for cost of processing
Ignition interlock device must be placed on vehicle
Administrative license revocation of 10 years, regardless of the date of the prior convictions, but:
If the 3rd DWI is a felony no hardship license is available;
If the 3rd DWI is NOT a felony a hardship license may be applied for after 3 years
Stephen Willibey: Be aware that the law contains a seemingly infinite number of loopholes. The right to a fair and speedy trial and the right to be provided a specific statement of the charge s are two other very important rights of a defendant.
Your constitutional rights include:

Right to a Lawyer
Right to Cross Examine and Confront Witnesses
Right to Testify on One's Own Behalf
Right to Remain Silent
Right to Speedy Trial
Right to Use Courts Subpoena Power to Compel Witnesses to Testify. Right to a Jury Trial (in Most Cases)
Presumption of Innocence

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