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Criminal Defense, Kansas City

 

 

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The DUI Process In Missouri

   

Kansas City Police DUI

 

If you are facing a DUI or DWI charge in Kansas City, it is important to note the fact that the state of Missouri processes these offenses administratively as well as criminally. Administrative actions differ from criminal or court actions, and if you are facing these types of charges, you should be aware of these differences.

Generally speaking, an administrative action relates to rules and regulations that government agencies make, enact, and enforce. Conversely, criminal or court actions relate to charges made by a particular state with the goal of enforcing a specific criminal law or statute within that state. The main difference between the two is where the action originates and who enforces it. With administrative actions, the originator and enforcer is a certain government agency, while with criminal or court actions, the originator and enforcer is the state itself.

When it comes to the specifics of handling a DUI or DWI, there are a few key differences between the possible criminal and administrative actions that could be taken. If you are charged with a DUI or DWI, the criminal action taken will be in regard to the ticket issued as a result of the offense. According to the Missouri Department of Revenue, “If you are convicted of an alcohol offense, the court sends a copy of the conviction to the department, and the proper points are assessed to your driver record”. Any points accrued as a result could lead to a suspension or revocation of your driving privilege.

You will also face an administrative action that is administered by the Missouri Department of Revenue. This is a separate action that will take place automatically, regardless of if the ticket you received is disposed of or reduced by the criminal court. This action requires that your driving privileges be suspended or revoked if you refuse to take a blood alcohol content test or if you do take a test and it is discovered that your blood alcohol content is over the legal limit.

If an administrative action is being taken against you as a result of a DUI or DWI, you will receive a Notice of Suspension/Revocation of Driving Privilege, also known as Form 2385. After you receive this notice, you have a fifteen day window in which you may request an administrative hearing. If the hearing results in your driving privilege being revoked or suspended, you are eligible to petition the circuit court to review your case.

If you are in the Kansas City area, and you are facing a DWI or DUI, it is important that you consult with a defense attorney about your case. A criminal lawyer can help to walk you through the process of dealing with any actions taken against you. A case of this nature can be overwhelming when it comes to managing the details of two separate actions administered by two separate systems. Enlisting the help of a defense attorney can ensure that every element of your case is properly handled.

Missouri DUI Check Points And The Constitution

  

In the state of Missouri, law enforcement officials are permitted to set up DUI checkpoints. Typically, these checkpoints are placed on busy roads and the officers involved will either stop every car that comes through or they will use a pre-formulated system to stop cars in a seemingly random manner. Once stopped, a driver may be asked to submit to either a field sobriety test or a breath test and if they fail, they will be arrested and charged with a DUI – even if they didn’t show signs of drunk driving before reaching the DUI checkpoint.

Do DUI Checkpoints Violate The 4th Amendment?

Under normal circumstances, when a police officer initiates a traffic stop in order to determine if someone is driving while under the influence, they first need probable cause to show that there was a legal reason for pulling the driver over.  For example, if a driver runs a red light or is erratically swerving across lanes, an officer has a legal reason to pull them over. Then, based on their interaction with the driver, they may proceed with a field sobriety test or ask the driver to take a Breathalyzer test. Without probable cause, the stop and subsequent DUI can be legally challenged in court.

Knowing this, it’s easy to understand why so many Americans believe that DUI checkpoints violate the 4th Amendment.

What Is The 4th Amendment?

The 4th Amendment states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Basically, this protects Americans by prohibiting law enforcement from making searches and seizures without probable cause. When applying the 4th Amendment to DUI checkpoints, the following should be noted:

  1. Stops Are Conducted With No Probable Cause: Either all drivers are stopped or predetermined cars are stopped, such as every third car. It doesn’t matter if every traffic law has been followed, the driver will be stopped.
  2. There Can Be No Oath Or Affirmation: This means that the officers involved can’t swear to the driver’s behavior prior to the stop. For example, in a typical DUI arrest, the officers could swear something like “I witnessed the driver go through two red lights before finally coming to a stop.” This would be their legal reason for pulling over the driver. While an officer may note the driver’s behavior after they approach them in the DUI checkout, they cannot confirm that the driver was breaking any laws prior to the stop.

 Despite this, the United States Supreme Court has ruled that DUI checkpoints are legal, as long as they meet specific criteria.

DUI Checkpoints: Law Enforcement Must Meet Certain Criteria

In order for a DUI checkpoint to be viewed as constitutional, the following criteria must be met:

  1. The decision to proceed with a DUI checkpoint at a specific site must be made by a law enforcement supervisor – not an officer in the field.
  2. Neutral and mathematical selection must occur. This means that officers cannot single out drivers because of age, race, vehicle type, or any other factor.
  3. Safety must be taken into account. When setting up a checkpoint, proper warning signs and lighting must be used to ensure that drivers have a sufficient amount of time to slow their vehicle and come to a stop. In addition to this, clearly marked law enforcement vehicles must be used at the stops.
  4. The checkpoint site must be in a “reasonable” location.
  5. Officers must use “good judgment” when determining what time the checkpoint should begin and end.
  6. Anyone passing through the checkpoint should only be stopped long enough for the officer to check for signs of intoxication.
  7. The time and location of the checkpoint should be publically announced in advance.

If law enforcement fails to meet with this criteria it may be considered an unconstitutional checkpoint and anyone charged with a DUI may be able to use this argument as part of their defense.

Do I Have To Go Through A DUI Checkpoint?

If, while driving, you note that a DUI checkpoint is ahead and you can legally turn or make a legal U-turn to avoid the checkpoint, you may do so. However, there are almost always officers posted to specifically watch drivers who avoid going through a checkpoint and if you violate any traffic laws they will pull you over.

 

“A Man Who Represents Himself Has a Full As a Client”

  

Question: Can i go to court by myself and show the judge the proper paperwork and have it dismissed or do i need an attorney?

I have a hardship license due to dwi. I was driving home from work one day when someone ran a stop sign plowing into the side of my truck. The police were called and they asked for our licenses. The current piece of paper that was valid the day before this accident was sitting on my kitchen counter at home. I gave him the expired one and he told me that it was suspended. I told him i had the current one at home just not physically with me because i just got it the day before. He wrote me a ticket for driving while suspended. I went up to the municipality where the ticket was out of the next day to prove that i did have a valid license and they made a copy of it and put it in my file but told me that this was a violation that an appearance was still required.

 

Answer From Criminal Defense Attorney R. Christopher Simons:

Do not take any chances, get your DWI lawyer to take your paper down there and get this dismissed if he is able to. This has ramifications of revoking your diversion agreement and hurting your ability to make a living. Call your lawyer immediately.

Contact us about your criminal defense matters and questions.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

Can a Felon Go To A Gun Range?

  

Question About Criminal Defense:

Anonymous: Can I go shoot a gun with a friend I’m a convicted felon of a non violent crime I was released in 2011? I have my voting rights back I just don’t want to get in trouble

Answer From Kansas City Missouri Criminal Defense Lawyer Justin Hunt:

 A felony means you lose your gun rights for life. You need an expungement or a pardon to get them back.

Contact us about your criminal defense matters and questions.

No Attorney-Client Relationship or Legal Advice Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements. You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such. Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.

KC Defense Counsel Named “Criminal Law Firm Of The Year” by Finance Monthly Magazine.

   

We are proud to announce that Kc Defense Counsel was named “Criminal Law Firm Of The Year” by Finance Monthly Magazine. We were recognized for our successful work for our clients, attorneys in our firm, and model of how we do criminal defense. We are humbled by this recognition and will work harder for our clients.
If you have a criminal matter in the Kansas City, Metro. Please contact us