August 9, 2016

New Police Tactics for Rural Missouri DWI Cases

New Police Tactics for Rural Missouri DWI Cases It has recently come to my attention that some counties in Missouri are employing a bold new strategy for the investigation of DWI cases. The police in these counties have been told not to administer any field sobriety tests as part of a drunk driving investigation. This bold strategy comes directly from the elected prosecuting attorney in those counties, which raises significant issues about the role of a prosecutor in criminal investigations, but I will get to that in a minute. The goal of this new strategy is to keep skilled DWI […]
July 26, 2016

Can a DWI Be Expunged in Missouri?

Although many crimes cannot be expunged in Missouri, a DWI is one of the exceptions. Not only can a DWI be expunged in Missouri, but if a person meets the statutory requirements for expungement, then the court must grant the expungement. This is a major difference from the limited expungements available in other types of criminal cases where the expungement is at the discretion of a judge. The requirements that must be met for a DWI to be expunged are laid out in RSMo Section 577.054, those requirements are:   Ten years must pass from the time of the offense; […]
July 19, 2016

What is the Difference Between DUI and DWI?

When people find out I am a DWI defense lawyer I get asked a number of questions, but one common question is “What is the difference between a DUI and a DWI?” I even remember getting asked this question back when I was in law school and really had no idea about the answer. There was a time back then when I had the mistaken belief that one was related to alcohol intoxication and the other was related to drug intoxication. That answer was wrong, that is not the difference between a DUI and a DWI. The real answer to […]
March 30, 2016

Do I Have to Perform Field Sobriety Tests?

  No, you are never required to perform field sobriety tests for a police officer. This is something many people do not know. I can even confess that this is something even my wife did not know until recently. No, she was not the subject of a DWI investigation, but when I was talking to her about writing this blog she was surprised by the answer. The trick here is that police do not make their request to perform field sobriety sound optional. It sounds like an order, or they just move through it as if it is something you […]
June 2, 2015

Looking for a DWI Lawyer? Beware the Sales Pitch

Looking for a DWI Lawyer? Beware the Sales Pitch As a DWI lawyer in the St. Louis area, I have a lot of conversations with people looking for representation in DWI cases. Many times these people are dealing with a first offense driving while intoxicated charge and a pending drivers license suspension. One of the more interesting things about these conversations is when the people discuss what some other attorneys have told them about their cases. I guess it should not come as too much of a surprise that promises are made and consequences are either inflated or minimized depending […]
May 18, 2015

Why Quick Action is Needed After Your DWI Traffic Stop

On behalf of The Law Office of Jason A. Korner posted in Breath Test Refusal on Thursday, September 18, 2014. Are you a Missouri resident who has chosen to refuse a breath test in connection with your DWI case? If so, you may believe that an impending license suspension is unavoidable. Others may have told you that you will automatically lose the right to drive after refusing a breathalyzer during a DWI traffic stop. Not so fast! In fact, drivers may be able to continue operating their vehicles depending on the outcome of the next legal proceeding. Swift action is […]
September 26, 2014

Can You Be Subject to License Suspension if Cleared of DWI?

On behalf of The Law Office of Jason A. Korner posted in Driver’s License Suspension or Revocation on Friday, September 26, 2014. Can your driver’s license be suspended even if you were cleared of criminal charges for driving while intoxicated? In Missouri, the answer might be “yes.” That is because driver’s license suspensions and revocations are managed in both criminal and administrative forums. Reversing a license suspension that was precipitated by DWI charges may require more effort than you would initially imagine. What happens after I am arrested? First, you need to understand the administrative process associated with license suspension. […]
//]]>