Missouri DWI News

Missouri Water Patrol cracked down on violations of new drinking law over Holiday weekend

noreply@blogger.com (iLitigate) — Mon, 06 Jul 2009 02:56:00 +0000

Springfield, MO

For some the 4th of July includes a little too much celebration, the kind that can land them behind bars.

And for boaters it's now easier to end up there.

Last August the blood alcohol content limit for boat operators was dropped from .1 to .08, the same max for drivers on our roads.

Sp far this summer the Missouri Water Patrol has issued over 50 more DWI citations than this time last summer.

And on the first 4th of July since the change, officers geared up for more.

Next to fireworks, an afternoon on Table Rock Lake is the Ozarkers' act of patriotism.

One boater explains, “I come down here every weekend. There are a lot of people. You've got to get out there early to find a spot on the lake.”

Especially on the 4th of July- this 4th of July.

Falling on a weekend, record crowds are expected to be making waves.

Says Corporal Mike McClure with the Missouri Water Patrol, “Recreational boating, tubing, wakeboarding, waterskiing, personal watercraft activities,” you’ll see them all on Table Rock Lake.

You’ll probably also see some of the people doing them down a drink or two.

So McClure expects make a few DWI arrests this holiday weekend, in fact, that expectation has led to an increase in enforcement.
“The potential is there."

The lowering of the legal drinking limit for boat operators last August has correlated with more DWI citations on the lake.

Drinkers that were legal before are now breaking the law, and that has boaters in favor of the change feeling safer on the water.

“Driving a boat is just as dangerous as driving a car, if not more dangerous because there are no lines out there,” says boater Seth Cross.

Still, some consider cracking open a beer at the helm an act of patriotism too, one that- ironically, and now more easily- could result in a loss of independence.

Says McClure, “If they're violation of the law and they're caught, subsequent to being stopped, and they are under the influence of alcohol they're going to jail."

The punishment for a boating DWI is identical to a driving DWI, although there’s no license to be lost.

The third offense if felony.

Since there's no open container law on boats, the water patrol has to see a violation and therefore have a probable cause to stop a boater, not just see an alcoholic beverage.

BWI Criminal Defense Lawyers

Missouri State Highway Patrol, St. Robert, and Waynesville join forces for holiday weekend drunk driving crackdown

noreply@blogger.com (iLitigate) — Sat, 04 Jul 2009 02:23:00 +0000

Pulaski County, MO

Local law enforcement personnel want to make sure that those who want to drink this weekend in Pulaski County don’t get behind the wheel of a car.

Representatives of three different police agencies have announced in recent weeks that they’ll be conducting drunk driving patrols over the Independence Day weekend. At Thursday afternoon’s meeting of the Waynesville Police and Emergency Services Committee, Police Chief Bob Carter said his agency, the St. Robert Police Department, and the Missouri State Highway Patrol will all be conducting drunk driving enforcement activities in their jurisdictions, staggered at different times during the weekend beginning Friday.

“We wish everybody a good holiday, but at the same time we are going to do a DWI saturation patrol that we signed up for with the state,” Carter said. “Don’t quote me on the times, but I know ours are offset so we can assist each other if need be.”

St. Robert police issued a press release in mid-June indicating that they’ll be participating in the statewide effort as well.

“It’s never worth the risk to drive while under the influence of drugs or alcohol. Drivers could lose their license, pay large fines, or worse of all, cause a tragic loss of life,” said St. Robert Police Chief Curtis Curenton in a prepared statement.

According to Curenton’s press release, in the year 2007, a total of 243 people died in more than 7,780 alcohol-related traffic crashes. That’s an average of one death or injury every 1.7 hours.

Earlier in the month, Capt. Lee Ann H. Kenley, the Rolla-based Troop I commander for the Missouri State Highway Patrol, said that a DWI saturation patrol will be conducted in Pulaski County. That operation took place on June 13, with five troopers assigned who stopped 48 different vehicles, resulting in two citations for drunk driving, 12 for speeding, three for hazardous moving violations, two for driver’s license violations, and four misdemeanor drug violations, in addition to 50 warnings.

“(I) would like to remind motorists that in the past, approximately 25 percent of all fatality traffic crashes on Missouri’s highways were alcohol-related,” Kenley said in her prepared statement urging Missourians to “be responsible and to realize that alcohol and vehicles are a deadly mix.”

Missouri DWI Criminal Defense Attorneys

Kansas City Police plan holiday DUI checkpoints, officers to crack down on drunken drivers

noreply@blogger.com (iLitigate) — Fri, 03 Jul 2009 02:48:00 +0000

Kansas City, MO

July is one of the deadliest driving months of the year, and 80 percent of the fatal crashes involve drunken drivers.

Police are planning to step up enforcement and are considering setting up DUI checkpoints this holiday weekend.

"We have never had a checkpoint where we arrested zero people," Kansas City police Capt. Rich Lockhart told KMBC's Jim Flink.

Lockhart said the checkpoints serve as a deterrent and they save lives.

"When you're driving through that checkpoint, you're asking yourself, 'Did I have too much to drink? Would I do this again?'" Lockhart said.

One officer said he has worked four fatal crashes during a previous Fourth of July.

The locations of the DUI checkpoints haven't been announced.

Police said they'll also have groups of officers out looking for erratic drivers.

Every year in Missouri, there are nearly 8,000 alcohol-related crashes. Over the last five years, an average of at least 250 people have died each year in those crashes.

Kansas City DWI Defense Attorneys

Breath monitoring devices required for Missourians with two DWIs

noreply@blogger.com (iLitigate) — Thu, 02 Jul 2009 11:59:00 +0000

Fulton, MO

About 70,000 Missourians with two driving-while-intoxicated convictions have been sent letters informing them that they now must have breath monitoring devices installed for six months on their vehicles in order to regain their license to operate them in Missouri.

On Tuesday three Missouri agencies announced a special statewide enforcement of the ignition interlock law that went into effect today. The enforcement effort also will involve other traffic laws, including speeding and wearing seat belts.

The agencies included in the crackdown are the Missouri State Highway Patrol, the Missouri Division of Highway Safety and the Missouri Department of Revenue.

The device was demonstrated Tuesday in Jefferson City by Abraham Garcia, who represents Smart Start, an approved manufacturer for the device in Missouri.

Garcia breathed into the device that was installed on a Chrysler sedan he brought to Jefferson City for the kickoff of the statewide "The Heat is On" enforcement effort.

The new law is aimed at repeat drunken drivers who want to regain their driver's licenses.

When the devices are installed the engine cannot be started until after the driver breaths into an alcohol detector, proving he or she is sober.

To help prevent someone else from breathing into the device to get the car started, the devices are programmed to require the driver on a random basis to stop the car and retest. It is also a crime for another person to breath into the device who is not driving.

The Missouri Department of Revenue, which issues driver's licenses, will enforce the new law on violators caught by law enforcement agencies.

The new law requires drivers wanting to get their license restored after a second drunk driving conviction to use the device for six months.

The devices are leased for the six month period at costs varying from about $70 to $100 a month. They also must be installed only by vendors approved by the state. Installation costs varies from $30 to about $200 in some cities.

There is no approved vendor for the device in Fulton. The nearest vendors are located in Jefferson City and Columbia.

In Jefferson City the authorized interlock vendors are The Entertainer, 2511 West Edgewood Drive; Mobiltek, 1805 Valley Hi Road; and Ewers Tires and Service, 1401 Missouri Blvd.

In Columbia, the authorized interlock vendors are Midwest Audio Visions, 3605 South Providence Road, Suite 7; Sound Performance, 1310 Indiana St.; and R & R Car Audio, 416 Big Bear Blvd.

Drivers with the devices installed also must have them rechecked every month at the vendor.

People required to have the device who are caught driving without it could face an additional two-year driver's license suspension.

A law was passed in Missouri in 2001 allowing judges to order interlock devices for people convicted of two drunken driving convictions.

Former Gov. Matt Blunt wanted a law to mandate the devices because he said judges were not making use of the option.

The law that goes into effect today was passed in 2008 but it did not go into effect until this July in order to allow enforcement procedures to be geared up and rule-making procedures adopted during the last year.

The law was approved by the Missouri General Assembly last year by a vote of 29-5 in the Senate and by a vote of 132-13 in the House.

Slightly more than one-third of the states in the nation also have passed laws requiring use of the devices by first or second DWI offenders.

Legislation requiring the device for first-time DWI offenders was introduced in the 2009 session of the Missouri General Assembly but it did not pass.

Missouri DWI Ignition Interlock Attorneys

Lake Saint Louis police to step up DWI patrols over holiday weekend

noreply@blogger.com (iLitigate) — Thu, 02 Jul 2009 04:55:00 +0000

Lake St. Louis, MO

Lake Saint Louis police will increase enforcement this Fourth of July weekend when it comes to stopping impaired motorists and boaters.

"We are working with other criminal justice agencies to protect Lake Saint Louis citizens from impaired drivers," Police Chief Michael Force said in a release. "We will patrol area roadways and lakes to arrest impaired drivers and will do everything we can to see that they are prosecuted to the fullest extent of the law."

At a minimum, impaired drivers could lose their license and face high fines and court costs in addition to attorney fees, Force said. At the worst, they could go to jail for vehicular manslaughter or homicide, he added.

"Our goal is to prevent that from happening," Force said.

The Lake Saint Louis Community Association Water Patrol and the Lake Saint Louis Police Department have partnered to address the issue of intoxicated boaters on the city's lakes, Force said in a release. This partnership will place police officers alongside Water Patrol authorities to target intoxicated boaters.

St. Charles, MO DWI Defense Lawyers

New state law requires repeat-DWI offenders to install breathalyzer devices on their cars

noreply@blogger.com (iLitigate) — Thu, 02 Jul 2009 04:48:00 +0000

Warrensburg, MO

A new Missouri state law takes effect today regarding repeat driving-while-intoxicated offenders that requires them to install an Ignition Interlock Device (IID) in their vehicle.

This device must be purchased at the offender's expense, and there are some throughout the community who have high hopes that the law will be effective in reducing alcohol-related incidents.

Beginning today, Missouri state law will require repeat DWI offenders to install a breathalyzer, or IID, in their vehicle in order to gain limited driving privileges, after serving the minimum time on their restriction period.

Although no exact price for the device was given by the Warrensburg Police Department, according to ignitioninterlockdevice.org, the person will pay an installation fee ranging from $50-$200, a monthly rental fee ranging from $50-$100, as well as fees for data downloads, maintenance expenses and calibration appointments, which are usually scheduled every 60 days.

The device must be installed by a certified person or agency throughout the state. According to a representative in the office of attorney Daniel Carter, who specializes in DWI violations, Sound By Design, 120 E. Gay St., is the only known local installer. The individual will be required to show proof of installation upon application for the reinstatement of his or her driving privileges.

“It’s through the Missouri Department of Transportation and it’s like right now, if you get a DWI, you are required -- in order to get your driver’s license reinstated -- to show proof of insurance or proof of taking an alcohol class,” said police Sgt. Scott Munsterman, of the Warrensburg Police Department’s traffic division.

“Just like that, there are certain criteria that you have to meet and you have to show proof to the (state) Department of Revenue. Failure to do so will result in your driving privileges remaining either restricted or revoked.”

The breathalyzer must be installed, and maintained, for a period of six months, beginning at the reinstatement date. Failure to maintain the device could result in the loss of driving privileges for two years, or until the reinstatement requirements are met. The requirements include paying a fine of $20 and showing proof of installation of an IID.

Not everyone is eligible for installation of the device, however. Persons with two DWI convictions within a five-year period must serve at least two years of a five-year denial period, and those with three or more convictions must serve at least three years of a 10-year denial period before being considered.

Those finished with serving their five-year denial period for vehicular manslaughter, as well as those that fail to submit to alcohol or drug testing more than once, will also be required to install an IID and maintain it for the six-month period.

Although the law has met some opposition, there are others who said they think that requiring repeat offenders to install the device will prove to be beneficial and that it is a just punishment.

“(Because of the law) there will be less drunk drivers out there, and I would hope that the community would feel a little safer,” said Avis Lowe, a senior victim advocate for Mothers Against Drunk Driving. “Now, they will have a harsher punishment, which will make them think harder about what they are doing. That way, they won’t do it again.”

Kristin Sell, Warrensburg resident, thinks it is a necessary precaution to keep the roads a little safer.

“I think that it is a good idea. I understand that people make mistakes and that they are sorry for what they have done, but I also think that the necessary precautions should be made,” Sell said. “I think that it gives people a little more sense of peace -- if you break the rules, there should be consequences.”

Munsterman said, “I think (the law) is going to help prevent people from abusing alcohol, getting behind the wheel and choosing to drive. It will have the potential to save many lives out there.”

DWI enforcement set for this weekend in Lee's Summit

noreply@blogger.com (iLitigate) — Thu, 02 Jul 2009 04:38:00 +0000

Lee's Summit, MO

The Lee’s Summit Police Department will join state and local law enforcement agencies in a DWI enforcement campaign over the holiday weekend, from July 3 to July 5.

Saturation traffic patrols will assist in an endeavor to reduce deaths and serious injuries caused by impaired drivers.

Driving while intoxicated is one of the most common violent crimes, randomly killing or injuring someone in Missouri every 1.7 hours.

With an increased presence of patrol officers, the department hopes to prevent these tragedies which are avoided when drivers make a simple, smart choice to not drink and drive.

Missouri DWI Lawyers

Missouri DWI law takes affect July 1

noreply@blogger.com (iLitigate) — Mon, 29 Jun 2009 14:57:00 +0000

St. Louis, MO

A new law in Missouri will target repeat drunk drivers. Beginning July 1, people convicted of at least two drunken driving offenses, or anyone convicted of vehicular manslaughter involving alcohol, will have to get a breath-analyzing ignition interlock device installed on their vehicle.

The device will prevent the car from starting unless the breath test is alcohol-free. It is required in order to get a driver's license re-instated.

Gabrielle Millenbruck is vice-president of Interlock of St. Louis, a business that has four locations around the St. Louis area. Interlock trains ignition interlock installers, and administers tests for clients referred by the state of Missouri.

Millenbruck says the devices have proven successful in national tests.

"An ignition interlock is proven to reduce repeat offenders by 60%while the interlock is installed," Millenbruck says. "Nationally, you're looking at about a 2% success rate in any other program of drunken driving reduction."

Illinois lawmakers passed a similar law which took effect in January. That law, however, required the ignition interlock devices on first offense. St. Clair County State's Attorney Bob Haida says it is too early to know the long-term effects of that legislation. Haida added that the legislation has not resulted in a backlog in courts.

In addition to training other installers and acting as an administrator for state officials, Millenbruck says Interlock of St. Louis has about 400 clients who were convicted on drunken driving offenses.

"That client will make a monthly, 15-minute appointment, we will plug into their device, download all the data. It can record up to 30,000 events in the log," Millenbruck says. "It will tell us every time they start their car, every breath alcohol reading they have, every activity that they have that takes place in that vehicle. And then we'll calibrate the sensor and schedule the next appointment in the device."

Millenbruck says after an initial test to start the car, the device will ask the driver for a breath test every ten minutes. If they do not comply, the car's horn will start blaring; notifying other motorists the car contains a driver who is out of compliance.

A list of certified ignition interlock installers is available at the Missouri Department of Revenue website.

Missouri DWI Information

Lee's Summit, Mo., man convicted of murder in drunken driving crash

noreply@blogger.com (iLitigate) — Mon, 29 Jun 2009 03:18:00 +0000

Kansas City, MO

A Lee's Summit man has been convicted of second-degree murder in the deaths of a woman and her 12-year-old daughter in a drunken driving crash.

Randy Ralstin, 43, was convicted Thursday in Jackson County Court of two counts of second-degree murder, resisting arrest, leaving the scene of an accident and driving while intoxicated.

The May 12, 2008, accident killed 33-year-old Tiffany Berry, and her daughter, Suavae Rouser. Prosecutors say Ralstin's truck hit Berry's car head-on and Ralstin tried to run away before police arrested him.

Ralstin had been out of prison for less than six months after serving about half of a 15-year involuntary manslaughter sentence for a similar accident in 1999.

Sentencing was set for July 31.

Missouri DWI Information

New law affecting repeat drunken drivers takes effect Wednesday in Missouri

noreply@blogger.com (iLitigate) — Mon, 29 Jun 2009 03:15:00 +0000

Kansas City, MO

Business is about to pick up for ignition interlock providers in Missouri.

A new state law takes effect Wednesday that requires people with two or more drunk-driving convictions to install the devices on their vehicles for six months in order to get their license back.

The Missouri Department of Revenue says about 70,000 people in the state will be affected.

An interlock is a breath-testing device connected to a car's ignition system. The driver must blow into the device before the car will start. An alcohol content above a prescribed level will disable the vehicle.

The law is good news for Mothers Against Drunk Driving and other traffic safety advocates.

"If you're convicted twice, shame on you because you didn't get it the first time," said Avis Lowe, a MADD victim's advocate whose 27-year-old son was a pedestrian killed by a repeat drunk driver in downtown Kansas City in 1995.

But the law is only a partial victory for advocates like MADD spokesman Mike Boland of St. Louis, who wanted the ignition interlock required for first-time convicted drunk drivers, such as in New Mexico and Arizona.

"I believe they've seen an almost 25 percent reduction in fatalities," Boland said. "But even if we're looking at a 10 percent reduction in Missouri, if you're that one family and that knock is not coming at your door, that's a great reduction."

The Department of Revenue in May sent letters to people potentially affected by the new law and will send another round after the July 4 holiday, said Ted Farnen, director of communications.

The law will affect future repeat offenders of Missouri's alcohol-related driving laws as well as past repeat offenders who have not had their driving privileges reinstated by July 1.

The Missouri Department of Transportation has a list of certified ignition interlock providers. The offenders are responsible for paying for the system, just as they are with other court costs.

Kansas also requires an ignition interlock for repeat DUI offenders, as well as for first-time offenders if their blood alcohol level is .15 percent or higher. The legal limit is .08.

Kansas City, MO DWI Defense Attorneys

New Mo. law could require ignition lock devices for 70,000 drunken driving offenders

noreply@blogger.com (iLitigate) — Mon, 29 Jun 2009 02:59:00 +0000

Jefferson City, MO

As many as 70,000 Missourians convicted of alcohol-related traffic crimes could have to install ignition locks on their vehicles if they want to legally drive after July 1.

The devices prevent engines from starting until drivers breath into an alcohol detector to prove they are sober.

The new Missouri law applies to people convicted of at least two drunken driving offenses, or to anyone convicted of vehicular manslaughter in which alcohol was involved.

The Department of Revenue will require proof that the device has been installed before reinstating a person's driver's license. The ignitional interlocks will have to be used for six months.

The requirement was included in a bill that passed in 2008, with a delayed effective date of July 1, 2009.

Missouri DWI Defense Lawyers

Man gets 15 years for fatal car-motorcycle crash in St. Charles County

noreply@blogger.com (iLitigate) — Fri, 26 Jun 2009 05:16:00 +0000

St. Charles, MO

A former St. Charles man was sentenced Thursday to 15 years in prison for a drunken driving crash that killed a motorcyclist in 2007.

Timothy P. Walker, 32, was found guilty of involuntary manslaughter after a jury trial in May. He was driving a Corvette at speeds of up to 118 mph seconds before slamming into the back of a motorcycle driven by Donnie Gaither, 57, of St. Charles County. The crash happened about 12:30 a.m. on April 13 in a westbound lane of Interstate 70 on the Blanchette Bridge.

Authorities said Walker's blood-alcohol level was between 0.148 percent and 0.188 percent at the time of the crash, well above the 0.08 percent limit at which a Missouri driver is presumed drunk.

Circuit Judge Lucy Rauch gave Walker the maximum sentence.

Assistant prosecutor Philip Groenweghe said the justice system gave Walker several chances. Walker had been found guilty of a felony drug charge and two driving while intoxicated charges, he said. He was given probation each time.

Groenweghe asked for the maximum penalty, saying Walker should be kept away from the public for as long as possible.

"We know what this defendant can do in one single, solitary day," Groenweghe said. "He cost a man his life."

Wayne Schoeneberg, Walker's attorney, said his client spent 13 months in jail after he was charged and a month after the trial. Walker was a law-abiding family man while he was out of jail, he said, and he learned from his time behind bars.

He asked Rauch to sentence Walker to probation and treatment.

Schoeneberg said Walker felt sorry about what happened to Gaither. He was careful not to say Walker admitted guilt. At trial, Walker's main defense was that another man, Scott Fus, could have been driving the car.

Walker is engaged to a woman who is pregnant with his child. A letter she sent to the court asking for leniency said her child "will not know his father."

But Groenweghe said Gaither has a daughter, 16, who will never see her father again.

Schoeneberg said Walker planned to appeal.

DWI Lawyers - St. Charles, MO

MADD wants to change Missouri's open container law

noreply@blogger.com (iLitigate) — Wed, 24 Jun 2009 12:02:00 +0000

Jefferson City, MO

Missouri's Open Container law has not changed, but that dosen't mean people don't want it to.

The current state open container law allows all of age passengers in a car to drink, as long as the driver is not drinking. However, some cities around the state have made their open container laws stricter. State Lawmakers have not looked into the issue of open containers in cars in 2 years. But groups like Mothers Against Drunk Driving (M.A.D.D.) thinks it might be time for a change. Bud Balke is the Director of Court Monitoring with M.A.D.D. and hopes the governor will look into the issue.

"We would like to call for the governor, action to institute the governors DWI task force again," said Balke.

According to M.A.D.D.'s numbers 4,897 people were injured in alcohol related accidents. And Balke says the numbers show that stricter open container laws can help.

"If a state has enacted a strong open container law it actually has diminished by 5 percent or more, in those states the fatalities and injury rate of alcohol crashes,"said Balke.

He also mentioned that alcohol industries may play a role in deciding the issue.

"It's actually something they have never backed when its been in the legislature, they've backed other laws like .08, and some other alcohol laws, but they have never backed open container," said Balke.

But it's not just M.A.D.D. that thinks the law could change. Jefferson City resident Jill McDonald said she thinks the driver will be to tempted to drink if there is open alcohol in the car.

"I think if everybody in the cars drinking and there are open containers, the drivers going to be inclined to drink," said McDonald.

But Holts Summit resident Chris Buckland has a different view.

"I think the open container isn't the point. It's the point that the drivers need to be educated enough not to intoxicate themselves while driving," said Buckland. "Their friends can do it."

Missouri DWI Information

St. Charles County: Drunken driver sentenced

noreply@blogger.com (iLitigate) — Wed, 24 Jun 2009 03:27:00 +0000

St. Charles, MO

A St. Charles County man was sentenced Monday to seven years in prison for a drunken driving crash, but he could be eligible for probation if he completes a treatment program.
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Matthew James Smith, 26, of the 100 block of Tee Kay Mobile Manor near O’Fallon, pleaded guilty in April of assault while driving while intoxicated.

Police said he was driving on July 22 when his truck left the road, hit a tree and rolled onto its side. Smith and a passenger were injured.

Prosecutors said Smith had a blood alcohol level of 0.225.

Smith was charged with DWI three more times after the crash. Circuit Judge Nancy Schneider sentenced Smith to seven years but could place him on probation if he completes a treatment program. His other cases are pending.

St. Charles DWI Lawyers

Nixa aldermen think mayor should resign over DWI charge

noreply@blogger.com (iLitigate) — Sat, 20 Jun 2009 02:03:00 +0000

Nixa, MO

At least two city aldermen are calling for the town's mayor to resign as soon as possible. Mayor Brian Hayes faces charges of driving while intoxicated.

A Nixa police officer stopped Hayes on Sunday night, and then turned the case over to a Missouri State Highway Patrol trooper, who cited Hayes for misdemeanor DWI and not having proof of insurance on his vehicle.

Hayes issued a statement on Wednesday that says he’s embarrassed and ashamed of the charge, which is his first DWI charge. He said however that he doesn’t feel he needs to resign. He also says he has insurance on his vehicle but didn't have documentation with him when he was stopped.

Aldermen Michael Durbin and Kevin Elmer say Hayes needs to step down. Hayes didn't responded to a request for a comment on Thursday

Missouri DWI Law

Missouri Water Patrol boating while intoxicated crackdown press release

noreply@blogger.com (iLitigate) — Wed, 17 Jun 2009 03:33:00 +0000

NEWS RELEASE

PUBLIC INFORMATION SECTION, P.O. Box 1368, Jefferson City, MO 65102

For further information contact: Sergeant Gerard G. Callahan
Public Information Director
Phone: (573) 751-3333
E-mail: Jerry.Callahan@mswp.dps.mo.gov

FOR IMMEDIATE RELEASE: Jefferson City

Missouri Water Patrol to Participate in Major Safe Boating Effort - "Operation Dry Water" is a Natioanl Campaign

This month the Missouri State Water Patrol will be participating in a national safe boating campaign that spans virtually every U.S. state and territory. "Operation Dry Water" is spearheaded by the National Association of State Boating Law Administrators and aims to raise awareness and reduce the incidence of intoxicated operation of vessels. The campaign will be conducted the weekend of June 26 – 28. The Water Patrol will be conducting multiple sobriety check points on the waters throughout the state during that weekend. Nationally, alcohol is a contributing factor in more than one-fifth of all boating fatality accidents.

Boaters who come across a check point on the water can expect that they may be stopped. Officers will make brief contact with the operator and perform a basic safety check of the boat's equipment. If the officer suspects the operator to be under the influence of intoxicants they will be asked to submit to a field sobriety test. All efforts will be made to keep the process as brief as possible and to ensure that traffic does not back up. The Missouri State Water Patrol appreciates the public's cooperation.

The Missouri State Water Patrol reminds everyone to "boat smart." If alcohol will be included as part of your next excursion, be sure to designate a sober captain.

News Release ID: N07090052
Release Date: 20090615

Missouri Boating While Intoxicated Lawyers

Missouri Water Patrol plans DUI checkpoints

noreply@blogger.com (iLitigate) — Wed, 17 Jun 2009 03:26:00 +0000

Kansas City, MO

The Missouri Water Patrol plans to conduct sobriety checkpoints later this month as part of a national safe boating campaign.

The Water Patrol will conduct multiple sobriety checkpoints on waters throughout the state the weekend of June 26-28 as part of the national “Operation Dry Water.”

The campaign, spearheaded by the National Association of State Boating Law Administrators, is aimed at raising the awareness and reducing the incidences of operating vessels while intoxicated. Alcohol is a contributing factor in more than a fifth of all fatal boating accidents, according to the Water Patrol.

At the checkpoints, boaters can expect to be stopped where officers will perform a basic safety check of the boat’s equipment. If the officer suspects the operator to be under the influence, the boater will be asked to submit to a field sobriety test.

Missouri DWI Lawyers

Nixa mayor Brian Hayes arrested for DWI

noreply@blogger.com (iLitigate) — Wed, 17 Jun 2009 02:35:00 +0000

Missouri State Highway Patrol trooper cites Nixa mayor for Diving While Intoxicated

noreply@blogger.com (iLitigate) — Wed, 17 Jun 2009 02:29:00 +0000

Nixa, MO

Mayor Brian Hayes faces a misdemeanor charge of driving while intoxicated. A Missouri State Highway Patrol trooper cited Hayes after a traffic stop on a highway in Christian County about 1 a.m. Sunday.

The trooper also cited Hayes for not having proof of insurance on his vehicle. A report on the Highway Patrol's Web site says Hayes was not arrested and was "released to a sober driver."

Sobriety checkpoint planned this weekend in Kansas City

noreply@blogger.com (iLitigate) — Thu, 11 Jun 2009 05:02:00 +0000

Kansas City, MO

Kansas City police will conduct a sobriety checkpoint this weekend at an undisclosed location known for drunken-driving-related crashes and arrests.

Police didn’t release which day the checkpoint will be held or a general location. During the operation of the checkpoint, police said they will place signs on the street alerting motorists of the checkpoint. Motorists will be directed to an area where officers will check to determine whether a driver should be detained longer.

Bad cop Christine Miller is charged in crash deaths

noreply@blogger.com (iLitigate) — Thu, 11 Jun 2009 04:21:00 +0000

Clayton, MO

Criminal charges were filed Tuesday against Sunset Hills police Officer Christine L. Miller, ending weeks of speculation about a car crash that killed four people and raised questions about whether a cop was getting a break from the justice system.

Miller faces four counts of first-`degree involuntary manslaughter and one count of second-degree assault for an early morning crash on March 21.

Her car was heading the wrong way on Dougherty Ferry Road in Des Peres when it collided with another car turning right off Des Peres Road.

About three hours after the crash, at 4:35 a.m., Miller's blood-alcohol content was still twice above the legal limit — measuring 0.169, said St. Louis County Prosecutor Robert P. McCulloch.

"This involves an individual who went way beyond the limit, and it was met with tragic results," he said.

McCulloch, who called a news conference to announce the charges, quickly faced questions about whether Miller was being treated differently because she is a police officer.

"Certainly we expect more out of" officers, McCulloch said. "But from a legal standpoint, they are not held to a higher or a lower standard. They are held to the same standard as anyone else."

McCulloch said Miller was drinking with friends that night but declined to provide details.

He described the crash, which was nearly head-on, as a "horrific collision."

"It was just an incredible impact," he said.

The charges announced Tuesday came nearly three months after the crash. The Missouri Highway Patrol, which investigated the crash, and McCulloch's office have faced criticism as weeks passed without action against Miller.

McCulloch said the Highway Patrol's report took time to put together because of reconstruction calculations and because there were no eyewitnesses.

Miller, 41, was arrested Tuesday morning at her Kirkwood home. She was then taken to St. John's Mercy Medical Center, where doctors deemed her fit for confinement, and booked into the St. Louis County Jail.

Bail was set at $200,000. But because Miller continues to have medical issues from injuries she sustained in the crash, she was outfitted with an ankle bracelet and released to home confinement, McCulloch said.

Miller can leave her house only for medical appointments. She suffered severe head injuries in the crash, the prosecutor said, but is fit to go through court proceedings.

Scott Rosenblum, Miller's attorney, said his client is able to use a walker but also needs a wheelchair. Family members are helping to care for her, and she continues to deal with head and neurological injuries, Rosenblum said.

He also said people should not jump to conclusions about his client.

"It's unfortunate that anyone would presume anything at all without knowing all of the circumstances and facts about the situation," Rosenblum said.

Miller, a Sunset Hills patrol officer with a dozen years on the force, was suspended without pay as a result of the charges, according to a statement from the department. Police Chief William LaGrand could not be reached for comment.

In the Highway Patrol's 46-page accident reconstruction report, investigators say Miller was driving the wrong way on Dougherty Ferry, but they found no evidence she was speeding.

The accident happened at about 1:45 a.m. on a clear, dry night, according to the report. Miller's silver 2001 Mitsubishi Eclipse was heading east in the westbound lanes of Dougherty Ferry. She faced a flashing yellow light. A red 1997 Honda Accord was turning right from Des Peres onto Dougherty Ferry. The Honda barely made the turn when it collided with the Eclipse, according to the report.

Four passengers in the Honda were killed: Anusha Anumolu, 23, of Charleston, Ill.; Satya Subhakar Chinta, 25, of Aurora, Ill., Anita Lakshmi Veerapaneni, 23, of Charleston, Ill.; and Priya Muppavarapu, 22, of Charleston, Ill.

The three Charleston, Ill., women were working toward master's degrees in information technology at Eastern Illinois University.

Nitesh Adusumilli, 27, of Ballwin, the driver of the Honda, was severely injured in the crash but recently returned to work.

After hearing of McCulloch's announcement, Adusumilli's attorney, Stephen Schultz, said, "Those were the charges I would have expected to be brought."

Schultz said his client does not want to talk about the criminal charges, but "I suspect there is some measure of relief now."

Suren Pathuri, president of the Telugu Association of St. Louis, said he called two of the victims' parents in India to notify them of the charges. Telugu is a language found mostly in an eastern state of India, which Adusumilli and the four victims all called home.

The parents "are really broken" by the loss of their children, Pathuri said. As time passed with no charges, many in the Telugu community here and in India became concerned that authorities "were trying to protect the officer or dilute the case," he said.

But news of the criminal charges changed that.

"We are confident in the legal system," Pathuri said. And the parents "were very happy to see justice coming their way."

Sunset Hills officer accused of killing 4 in wreck charged with involuntary manslaughter driving while intoxicated

noreply@blogger.com (iLitigate) — Thu, 11 Jun 2009 04:14:00 +0000

Sunset Hills, MO

An off-duty Missouri police officer who investigators said killed four people in a drunken driving accident has been charged in their deaths.

Prosecutors said 41-year-old Christine Miller was charged Tuesday with four counts of involuntary manslaughter-driving while intoxicated.

The veteran Sunset Hills police officer is accused of driving on the wrong side of a road early March 21 and slamming into another vehicle. The four passengers in the other car were from India and died instantly.

A prosecutor said Miller's blood-alcohol level three hours after the wreck was 0.169 — more than twice the legal limit.

Miller was still being booked late Tuesday afternoon and was unavailable for comment. It wasn't clear whether she had an attorney.

Wrong-way fatality motorist was repeat DWI offender, police say

noreply@blogger.com (iLitigate) — Thu, 11 Jun 2009 04:05:00 +0000

Saint Robert, MO

The man who police say killed Coach Don Nelson in a Thursday night wrong-way crash was driving drunk at nearly three times the legal alcohol limit and also had three previous drunk driving convictions, according to documents filed Monday in Pulaski County Circuit Court.

George H. Widener, 64, of Jerome, faces a charge of first-degree involuntary manslaughter in connection with Nelson’s June 4 death. According to the results of a blood alcohol test, Widener had a blood alcohol content of 0.214 percent; Missouri’s legal limit for driving is 0.08 percent.

The charge faced by Widener is a Class B felony which carries a penalty of 5 to 15 years in prison. His blood alcohol level would only have had to be 0.18 percent to qualify for the charge.

Widener’s bond has been set at $250,000 cash-only and he remains in the Pulaski County Jail.

The police report filed by Sgt. Butch Hohman, traffic sergeant for the St. Robert Police Department, indicated that Widener had been driving a 2006 Chevrolet Avalanche eastbound in the westbound lane of Old Route 66 at 10:05 p.m. Thursday when he rounded a curve and met a 2009 Harley Davidson motorcycle ridden by Nelson which was rounding the same curve in the passing lane. The two vehicles hit head-on.

Hohman arrested Widener at the crash scene after “smelling the odor of intoxicants coming from his breath,” according to his report.

Widener has previous alcohol-related driving offenses in 1983, 1993, and 1999, according to Hohman’s report.

Prosecutors filed charges shortly before the funeral for Nelson, who was a longtime Waynesville High School coach and radio announcer. According to obituary information provided by Waynesville Memorial Chapel, the funeral will be at 2 p.m. Wednesday, June 10, at the Parker Fine Arts Building of Waynesville Middle School, with burial following at Waynesville Memorial Park Cemetery.

Visitation will be 4 p.m. Tuesday with Masonic rites by Richland Masonic Lodge No. 385 at 7 p.m. Tuesday at the funeral home.

According to obituary information, survivors include Nelson’s parents, Faye Howard and Leon Nelson, both of Waynesville; his children, Kenneth Nelson of Waynesville and Stacey Cruz and her husband, Sgt. Amos Cruz of San Clemente, Calif.; four siblings, Gene Nelson and his wife Mary of Kansas City, Kan., Cheryl Nelson and Tom Brougham of Kansas City, Kan., Jerry Nelson and his wife Barbara of Waynesville, and Yvonna Bays and her husband Dennis of Waynesville; one grandson, Jaden Cruz; six nephews and four nieces; as well as aunts, uncles, cousins and special friends Marv and Terri Leuten of Laquey.

A memorial scholarship fund has been established in Nelson’s name; donations may be left at the funeral home or with a family member.

Springfield DWI Task Force opposes sale of alcohol at movie theater

noreply@blogger.com (iLitigate) — Sun, 07 Jun 2009 20:24:00 +0000

Springfield, MO

It was 1906 when Fred Wehrenberg opened his first movie theater -- a converted St. Louis bakery that employed Wehrenberg's adjacent saloon as a concession stand.

According to a brief history on the Wehrenberg Theaters, Inc. Web site: "Business boomed, inspiring the Wehrenbergs to open a second venue, the Airdome."

Some 103 years later, the Springfield progeny of that first theater has made a foray into its saloon-cum-snack stand roots, with less-enthusiastic results.

The Wehrenberg-owned Campbell 16 Cine, 4005 South Ave., is facing mounting scrutiny for a decision to begin selling beer, wine and cocktails in the theater last year.

Parent-teacher associations, a state medical association and local law enforcement officials have come out against the sales, and a survey released Friday suggests many would like to see alcohol stop flowing in the city's biggest multiplex.

Wehrenberg, meanwhile, says it began selling alcohol in response to customer interest.

"It's simply an amenity that moviegoers have requested," said Wehrenberg Spokeswoman Kelly Hoskins. "We want to do what's best for our moviegoers."

In a telephone survey of 361 registered voters in Springfield, 82 percent of respondents were against the sale of alcohol in family-oriented movie theaters, according to Missouri State University sociology professor Lorene Stone.

The three-week survey was carried out by MSU's Center for Social Science and Public Policy Research.

The results would seem to add weight to concerns raised by the Springfield Council of Parent-Teacher Associations, or SCPTA, made up of 51 PTAs in Springfield.

In April, the group passed a resolution to seek certain restrictions on the theater. Namely, the council says the theater should provide notice alcohol is sold within, and establish a 21-and-over-only area where alcohol can be served.

The Missouri State Medical Association has passed a similar resolution, and the Springfield DWI Task Force has signed on.

The main concern, the organizations say, is that minors could gain easy access to alcohol in the dark of a theater. It's a factor opponents believe adds a risk of imbibing not present at venues like Hammons Field or bowling alleys, where minors also are exposed to alcohol sales.
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"The huge difference is the darkened theater," said Jim Blaine, a local doctor and chair of the DWI Task Force. "We as parents have always viewed that as kind of a safe place. We just feel that it's inappropriate."
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Also inappropriate, Blaine and others say, are alcohol advertisements posted within the theater, which they feel target minors.

But Hoskins said concerns kids will gain access to alcohol are overblown. Theater staff is trained to card customers purchasing alcoholic beverages, and policy is to sell only one beverage at a time per valid ID. That limits the possibility adults could share alcohol with minors in a darkened theater, she said.

"Because it's such a small market, we can pretty much track if someone keeps coming back," Hoskins said.

Wehrenberg has sold alcoholic beverages at various theaters since 1999, but only rolled out sales in Springfield last year.

"We don't outwardly advertise alcohol, because that's not a revenue stream for us," Hoskins said. "It's mom and dad going to the movies, and dad wants to sit out and have a beer while he's waiting."

In response to the outcry over alcohol sales, Hoskins said Wehrenberg will keep an eye on the situation, and respond to the demands of its customers. Told of the results of the MSU survey, she said she'd need to see more about the study's methodology.

"We're always open to hear what the moviegoer market wants," she said.

But if opponents have their way, city officials might make Wehrenberg's marketing decisions for the company.

In the near future, representatives of the SCPTA and Missouri State Medical Association plan to pitch proposals limiting or abolishing Wehrenberg's alcohol sales to Springfield's City Council.

And the groups already have at least one sympathetic ear.

Councilwoman Cindy Rushefsky, a former prosecutor who sits on the DWI Task Force, said Friday she'd support an ordinance banning alcohol sales at family-oriented theaters.

"I think the cleanest way to do it and the way that's going to be the least complicated for everybody... is just to have a ban," Rushefsky said. "My understanding is that there are cities that have done it."

Springfield Mayor Jim O'Neal also has met with opponents of the alcohol sales, and said they "make a relevant point."

If an ordinance is crafted, it would likely be narrowly tailored to apply to the Springfield 16 and other "family-oriented" theaters.

The Moxie, the only other theater in Springfield with a liquor license, would probably be unaffected.

That's because The Moxie often screens lesser-known, adult-oriented movies, not those with wide appeal to younger audiences.

"It's not the same thing at all," Blaine said.

He added that the relatively tiny size of the two-screen Moxie means it's easy to keep tabs on who's tippling.

"You couldn't sneak a Cheeto in there."

"The huge difference is the darkened theater," said Jim Blaine, a local doctor and chair of the DWI Task Force. "We as parents have always viewed that as kind of a safe place. We just feel that it's inappropriate."
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Also inappropriate, Blaine and others say, are alcohol advertisements posted within the theater, which they feel target minors.

But Hoskins said concerns kids will gain access to alcohol are overblown. Theater staff is trained to card customers purchasing alcoholic beverages, and policy is to sell only one beverage at a time per valid ID. That limits the possibility adults could share alcohol with minors in a darkened theater, she said.

"Because it's such a small market, we can pretty much track if someone keeps coming back," Hoskins said.

Wehrenberg has sold alcoholic beverages at various theaters since 1999, but only rolled out sales in Springfield last year.

"We don't outwardly advertise alcohol, because that's not a revenue stream for us," Hoskins said. "It's mom and dad going to the movies, and dad wants to sit out and have a beer while he's waiting."

In response to the outcry over alcohol sales, Hoskins said Wehrenberg will keep an eye on the situation, and respond to the demands of its customers. Told of the results of the MSU survey, she said she'd need to see more about the study's methodology.

"We're always open to hear what the moviegoer market wants," she said.

But if opponents have their way, city officials might make Wehrenberg's marketing decisions for the company.

In the near future, representatives of the SCPTA and Missouri State Medical Association plan to pitch proposals limiting or abolishing Wehrenberg's alcohol sales to Springfield's City Council.

And the groups already have at least one sympathetic ear.

Councilwoman Cindy Rushefsky, a former prosecutor who sits on the DWI Task Force, said Friday she'd support an ordinance banning alcohol sales at family-oriented theaters.

"I think the cleanest way to do it and the way that's going to be the least complicated for everybody... is just to have a ban," Rushefsky said. "My understanding is that there are cities that have done it."

Springfield Mayor Jim O'Neal also has met with opponents of the alcohol sales, and said they "make a relevant point."

If an ordinance is crafted, it would likely be narrowly tailored to apply to the Springfield 16 and other "family-oriented" theaters.

The Moxie, the only other theater in Springfield with a liquor license, would probably be unaffected.

That's because The Moxie often screens lesser-known, adult-oriented movies, not those with wide appeal to younger audiences.

"It's not the same thing at all," Blaine said.

He added that the relatively tiny size of the two-screen Moxie means it's easy to keep tabs on who's tippling.

"You couldn't sneak a Cheeto in there."

Springfield, Missouri DWI Lawyers

Neosho Police Dept. to pursue DWI grant

noreply@blogger.com (iLitigate) — Sun, 07 Jun 2009 20:13:00 +0000

Neosho, MO

The Neosho Police Department was given the green light to seek two grants for hazardous moving violation and DWI enforcement.

Neosho Police Chief Dave McCracken said the grants total about $8,600 and come from the Missouri Department of Transportation.

“What these are used for is to pay overtime costs for surveillance in high accident locations and for DWI enforcement,” McCracken said. “We use our in-house computer system to determine high accident locations and where the majority of these hazardous violations are occurring and post officers in these locations on the days of the week and the times these occur. The officer is freed up from calls for service to work these problem areas.”

The programs have been funded since 1994, the police chief said.

In other business, the council adopted on second and third readings a measure to regulate and identify security guards, security service providers and private investigators in the city limits to ensure they have proper qualifications and financial responsibility to conduct such a business.
Currently, there is one such business, Newton County Security Patrol, operating in the city limits. The patrol has four officers and two vehicles equipped with amber light bars for identification purposes. Officers patrol their clients’ homes and businesses looking for suspicious activity or signs of it, then report anything they find unusual to the Neosho Police Department or the Newton County Sheriff’s Department, whichever agency has jurisdiction.

McCracken has previously told the council the security company has garnered input from his department and has cooperated with the minimum standards of such a business. Under the new ordinance, these standards include approval of badge, uniform, insignia and other equipment.

The ordinance would also require all security guards, security companies and private investigators to be licensed. Within 15 days after a company, investigator or guard applies for a license, the police department would conduct a background check. Licenses would be issued only if it was determined an applicant was of good moral character, had not been convicted of a felony or misdemeanor involving moral turpitude and was a natural-born or naturalized citizen of the United States. Licenses could be suspended or revoked due to violations of the ordinance, fraud, or failure to obey city, state and federal laws regulating this type of work. The licenses, as well as identification cards, would be issued by the city finance director.

Missouri DWI News