Brought to you by Colorado DUI Drunk Driving Defense

Kansas City DWI Lawyers

1. Hasty Law: Murder 1st Degree Murder 2nd Degree Felony Murder Armed Criminal Action Voluntary Manslaughter Involuntary Manslaughter Stealing Tampering Bad Checks/Forgery Arson DUI/DWI (drunk driving) Drugs--Distribution Drugs--Possession Drugs-Conspiracy Rape Sodomy Statutory rape Statutory sodomy Child molestation Domestic violence Weapons offenses Drive-by shootings Appeals Direct State & Federal Appeals Probation/parole hearings Post conviction hearings State & Federal Habeas Corpus Drugs-Conspiracy
2. Costello, Davey & Fera: Being charged with a crime can affect you for the rest of your life. The decisions you make now, may mean losing a promotion, losing a job, or going to prison. You don't need "if's" and "maybes." You need an attorney who is going to give your straight forward answers, and fight to protet your rights.
3. Gotschall, Charles: * Driving under the influence (DUI) * Driving while intoxicated (DWI) * Refusal of a breathalyzer test * Open container violation * Multiple offender DUI * Driver's license revocation and reinstatement * Probation violations
4. Abella Law Firm: If you are charged with driving while intoxicated (DWI) in Missouri, you should consult with an experienced drunk driving defense attorney. Many times Missouri is very tough on a DWI, and the issue is serious enough that having an experienced DWI defense attorney is necessary in order to protect your rights. Your driver's license could be suspended or revoked if you don't take action within 15 days of your arrest if the results of your test were above Missouri's prohibited level (.08%, age 21 or over; .02%, under age 21) or if you refused to take a breath, blood or urine test after being arrested for DWI in Missouri. Blood Alcohol Limits Blood alcohol concentration (BAC), is the system of measure used to determine the level of alcohol in your bloodstream. It is illegal to drive in Missouri with a BAC of .08% or higher. Refusing to Test In Missouri, the Department of Revenue regulations state that having a driver's license, means you have given advance permission, or "implied consent" to testing for the presence of alcohol should you be stopped by law enforcement on suspicion of DWI. Refusing to test is a separate offense from DWI. Even if you are later acquitted of the DWI charges, you will still undergo a license suspension of up to one year for refusing to take the test. If you are convicted of DWI and refused the test at the time of your arrest, you may be required to pay a higher fine and may have your license suspended for a longer period. Missouri DWI Law The Missouri DWI Laws carry stiff penalties. It used to be that only the last ten years of your driving record would be taken into account in DWI cases, now your lifetime driving record is considered. DWI Consequences FIRST OFFENSE DWI (Driving While Intoxicated) Conviction of a first DWI is a Class B misdemeanor. * JAIL: Up to a maximum of six (6) months imprisonment. * FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00. * PROBATION: The general terms of probation are no drinking, do not break the law, attend SATOP classes, etc. Probation length is usually for 1 to 2 years. A conviction with probation is commonly referred to as a "Suspended Imposition of Sentence" or SIS. * SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DWI results in a 30 day suspension of driving privileges followed by a 60 day restriction to driving only to and from work, in the course of employment, or to an alcohol treatment program. There are no hardships or exemptions available. This suspension goes on the person's driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain. A conviction will also result in 8 points being assessed against the driver's license. SECOND OFFENSE DWI Conviction of a second DWI within a five year period is a Class A misdemeanor. * JAIL: Up to a maximum of one year in jail. * FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00. * PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 100 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period. * REVOCATION OF DRIVER'S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person's driving record. Twelve points are assessed against the driver's license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain. THIRD OR SUBSEQUENT DWI OFFENSE Three or more DWI's within your lifetime may mean that the driver is eligible to be charged as a Class D Felony (Third charge lifetime), Class C Felony (Fourth charge lifetime) and Class B (Fifth or more charge lifetime). There will also be a 10 year denial of driving privileges. * JAIL: Up to five (5) years in prison on a Class D, Up to seven (7) years in prison on a Class C; Minimum of 5 years up to 15 years in prison on a Class B. * FINE: Up to $5,000.00, plus court costs of between $10.00 to $100.00. * PROBATION: Missouri law prohibits a suspended imposition of sentence for a felony DWI. The defendant is then placed on a probation, the length is determined by the severity level of the felony, general 3-5 years. * REVOCATION OF DRIVING PRIVILEGES: Upon a third or subsequent criminal conviction for DWI, the defendant's driver's license is revoked for 10 years regardless of how old the two prior convictions are. These suspensions go on the person's driving record. If convicted of a felony DWI, no hardship license is available. If the DWI is a third, but not a felony, a hardship license may be applied for after 3 years. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-$100.00 to install and $50.00-$100.00 per month to maintain. Missouri Implied Consent Law Everyone who operates a motor vehicle in the state of Missouri is deemed to have given his or her consent to have his or her breath, blood, urine, or other bodily substances tested for alcohol and/or drugs. This is known as Missouri's "Implied Consent" law. You are presumed to know and understand your rights and responsibilities concerning the testing your breath or bodily fluids in relation to a DWI arrest. The arresting officer will choose what type of test to administer. Under Missouri law, however, you are allowed 20 minutes to contact an attorney about whether you should submit to a test. You also have the right to obtain your own test of your body fluids by a physician, qualified technician, chemist, registered nurse or other qualified person after you have submitted to the officer's requested test. Missouri Driver's License Consequences In a Missouri DWI arrest there are two separate cases: the court case, and the driver's license case or Administrative License suspenson, which is filed by the Department of Revenue against the driver's license. If you are arrested for DWI, you have only 15 days from the date of arrest to have a hearing. Suspension Penalties If a Sustain Order is issued after the administrative hearing: * FIRST TIME FAILURE OF A TEST: For a driver with no alcohol related law enforcement contacts within the previous five years, driving privileges are suspended for 30 days followed by 60 days of Restricted Driving Privilege. The restricted license is available upon showing proof of insurance before the 30 days suspension has expired. The restriction allows a person to drive "in connection with a person's business, occupation or employment, and to and from an alcohol education and treatment program" only. This goes on the person's driving record and stays for five years. * SECOND AND SUBSEQUENT FAILURES OF A TEST: Driving privileges are suspended for one year. You are not eligible for a hardship license. This goes on the person's driving record and stays for five years. Test Refusal Consequences If you refused the test, driving privileges are revoked for one (1) year. However, if it is your first DWI, you can apply for a hardship license after 90 days. This goes on the person's driving record and stays for five years. You have the right to appeal the administrative suspension of your drivers licence for refusing the breath test to the circuit court of the county that you where arrested in. A petition for review of a license revocation must be filed within 30 days of the date that the suspension was mailed by the court. If an appeal is taken, the matter is heard anew by a judge in a courtroom and the administrative hearing is treated as though it never happened. These appeals are usually handled by the Department of Revenue. The administrative hearing and the criminal case are two separate suits. Neither one has any bearing whatsoever on the other. However, if you are suspended pursuant to one, that suspension will be run concurrent with a suspension in the other. So, if you lost at the administrative hearing and at trial, and it was your second time DWI, you would only be suspended for one year total. But, your driving record will reflect two separate suspensions for the same arrest. Appealing a Suspension You have the right to appeal the administrative suspension of your drivers licence to the circuit court of the county that you where arrested in. A petition for review of a license revocation must be filed within 15 days of the date that the suspension was mailed by the court. If an appeal is taken, the matter is heard anew by a judge in a courtroom and the administrative hearing is treated as though it never happened. These appeals are usually handled by the Department of Revenue. Missouri Hardship License If your licence has been revoked for convictions or a chemical test refusal, you may be eligible for "Limited Driving Privileges", commonly known as a hardship license. You may apply for a hardship license to either the circuit court of your county of residence or the Director of Revenue. A hardship license may not be granted for the following reasons, including the fact that you have been convicted of a felony involving the use of a vehicle, the failure to pay child support, or a suspension in another state. There are also many requirements concerning when a person may apply for the hardship license. For instance, a person convicted of two DWIs within 5 years may not apply for a hardship license until he or she has served at least 2 of the 5 years of revocation. You should consult with an attorney concerning whether you are eligible for a hardship license.
5. Monaco Sanders Gotfredson Racine & Barber: In the Kansas City metropolitan area alone, there are over 100 municipal court jurisdictions. That's a lot of places where people can get into trouble. And plenty of good people do find themselves in trouble through carelessness, a momentary lapse in judgment, or by being falsely accused of a crime they did not commit.
6. Rizzo, Michael: * Traffic violations * DUI/DWI * Personal injury * Automobile accidents * Criminal defense * Business litigation * General litigation
7. O'Connor, Michael: What is the Exclusionary Rule? When a defendant's Fourth, Fifth or Sixth Amendment rights have been violated, the exclusionary rule may apply. The exclusionary rule prevents evidence that was illegally obtained from admission at trial. The exclusionary rule was created by case law in 1914 and was made applicable to the states through case law in 1961. The exclusionary rule is a judicial mandate. Elements of the Exclusionary Rule There are three basic elements necessary in order for the exclusionary rule to apply. The first element is an illegal action by a police officer or agent of the police. The second element is that the evidence must be secured and seized. The third element is a causal connection between the illegal action and the evidence seized. The exclusionary rule is not applicable in civil proceedings, to grand juries, or to actions involving agency rules. Additionally, the search in question must violate the federal or state constitution or a federal or state statute in order for the exclusionary rule to be invoked. Exceptions Although the defendant's constitutional rights may have been violated if an illegal search and seizure occurred, evidence obtained through the illegal search and seizure still may be admissible. The exceptions are commonly referred to as exceptions to the "fruit of the poisonous tree doctrine." Those exceptions include: * Evidence is obtained from a source independent of the illegality. For example, two searches are conducted and produce the same evidence. One of the searches is illegal; the other is not. The evidence from the second search is admissible. * An intervening act of free will on behalf of the defendant has occurred * The evidence would have been inevitably discovered. * The good faith exception applies. This is when an officer receives a warrant and acts on it to seize evidence, but there was an error in the issuance of the warrant. Enforcement The defendant is entitled to have the applicability of the exclusionary rule decided outside of the presence of a jury. Typically, during the pretrial phase, the defendant will file a motion to suppress the evidence seized. The defendant may testify at his suppression hearing. However, anything that the defendant testifies to during his suppression hearing may not be used against him during his trial. If the evidence is excluded from the prosecution's case-in-chief, it still may be admissible during rebuttal when attempting to determine credibility of witnesses. The prosecution bears the burden of proving that the evidence is admissible. The prosecution must either establish that no violation of the defendant's constitutional rights occurred or that one of the exceptions was applicable.
8. White, Al: DUI/Driving Under the Influence: "DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.Ê Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.