Traffic Law

Starting today, you can go paperless in Missouri when showing proof of auto insurance

PRESS RELEASE FROM THE MISSOURI DEPARTMENT OF REVENUE

Jefferson City, Mo. – Missourians can soon go paperless when showing proof that they have auto insurance under a new law signed by Gov. Jay Nixon.

House Bill 322, which takes effect Aug. 28, gives consumers the choice to prove that they have auto insurance by displaying their insurance identification card in a paper or electronic format, such as on a smartphone or other portable electronic device.

A Salute to our Veterans – Free Legal Services on Speeding Tickets… for life

Thank You

Thank you to all Veterans for honoring us with your service to this great country. Happy Veterans Day to those serving our country now and to those that have served in the past.

Today is a day to celebrate not only the great accomplishments of our uniformed men and women, but also the mere fact that they have the courage to wear the uniform.  We would not be the nation we are today without you. God Bless.

A Salute to Our Veterans

To celebrate our men and women of the military,

Can a Preliminary Breath Test be used against me in court for my DWI case?

A preliminary breath test (PBT) is admissible only in administrative hearings and preliminary hearings for the purpose of showing probable cause for the  arrest.  It is important to note that a preliminary breath test cannot be used as evidence at trial to show one’s blood alcohol content (BAC).

The admissibility of a PBT is narrowly restricted by statute. The relevant provision states:

“A test administered pursuant to this section shall be admissible as evidence of probable cause to arrest and as exculpatory evidence,

Can the prosecutor use results of a PBT (Preliminary Breath Test) against me in court?

In St. Louis as well as other parts of Missouri, evidence that you failed a PBT test (Portable Breath Test) is not admissible against you in court for determining your BAC (Blood Alcohol Content) and is grounds for reversal if admitted. The results of a PBT (Personal Breath Test) are not admissible as evidence in court.

You should never drink and drive, but if you’re arrested for drunk driving, a strong defense is important.  Call one of our DWI lawyers today at 314-270-2273 for a free consultation.

Examples of How You Can Fail a Field Sobriety Test in Missouri

One-leg stand test

This test requires the subject to elevate one foot approximately six inches off the ground and maintain that position for 30 seconds.

Example: The police officer made the defendant perform the test using each of his feet.  The defendant was able to successfully perform the test while standing on his right foot.  However, because the defendant was unable to keep his right foot off the ground for 30 seconds while standing on his left foot, the officer determined that defendant had failed the test.

Think You Can Beat a DWI by Refusing the Breathalyzer in Missouri? Not Anymore…

It used to be true that the best chance of beating a DWI in Missouri was to refuse the breathalyzer test.  You would lose your license for a year, but at least you would still have a shot at beating the criminal case.

Generally, this is still true, but not in Christian County and other counties enacting “no refusal” laws.  The “no refusal” laws require officers to automatically seek a warrant when a driver refuses the breathalyzer.  Anytime someone, after being read implied consent warnings,

Missouri Supreme Court Rejects Warrantless Blood Testing During DWI Arrests

Earlier this week, the Missouri Supreme Court ruled on a monumental DWI case that had the potential to drastically change the approach police officers could take during DWI arrests.  After the decision, law enforcement officers must get a warrant before ordering a blood test on an unwilling drunken-driving suspect except during special circumstances when the delay could threaten a life or destroy potential evidence.

The simple fact that alcohol in the blood begins dissipating when a person stops drinking does not qualify as such a circumstance.  

Missouri Legislature Looking to Revise DWI Laws…Again

This time, it’s all about money. Wait, isn’t that what it’s always about?

A Missouri senate committee has approved a measure to increase the time a first-time DWI offender loses their license to protect federal highway funding. Currently, the license suspension period is a minimum of 30 days. The new law would increase the license revocation to six weeks and make it harder for certain repeat offenders to apply for a hardship license.

In addition, the law would increase community service hours for repeat offenders.