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DWI Defense

Repeat DWI offender gets 15 years in prison

A 56 year old man from Eureka, Missouri has been sentenced to 15 years in prison for repeat DWI. The man was has had 3 previous DWI convictions in 1992, 1997 and 1998.

In Missouri, repeat DWI offenders are categorized based on how many DWI’s they have received. A person who has received multiple DWI’s in Missouri is classified as one of the following:

  • Aggravated offender
  • Chronic offender
  • Persistent offender
  • Prior offender

Section 577.023 of Missouri’s Revised Statutes outlines the requirements for these classifications. Each additional DWI may bring more serious charges and with them more severe consequences.

If you or a loved one is facing repeat DWI charges in the St. Louis area, you need an experienced DWI Lawyer to fight for you in court. Police often make mistakes in their investigation of a DWI including the administration of Standard Field Sobriety Tests. A law firm like JCS Law may be able to get charges reduced or even dropped depending on the facts of the case. Call JCS Law today for a free consultation, 314-561-9690.

 

Source: kmov.com, “Repeat drunk-driver sentenced to 15 years in prison,” Adam McDonald, July 20, 2014

 

 

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Law Makers Propose new restrictions Making Interlock Mandatory for all DWI Offenders

Ignition Interlock | DWI Lawyer St. Louis

St. Louis area drivers might be interested to know about a new proposal in the U.S. House of Representatives. Law makers have proposed new requirements for drunk drivers, the proposal would require all those convicted of a DWI offense to have ignition interlock installed in their car.

Ignition interlock is a device that measures blood alcohol levels each time the driver gets in their car to drive. Each state has its own requirements when it comes to these devices. Right now, Missouri only requires interlock for repeat offenders.

Ignition interlock is only one of many different penalties a person may face as a result of DWI charges. However, in order for a person to be convicted of a DWI in Missouri, there needs to be sufficient evidence. An experienced DWI lawyer in St. Louis may be able to have charges reduced, or even dropped depending on the evidence in the case.

If you or a loved one is facing charges of DWI or another alcohol related driving offense, you need representation today to protect your driving privileges. JCS Law defends those charged with DWI in St. Louis and around Missouri. Call 314-561-9690 today to schedule a free consultation to review your case.

 

Source: fourstateshomepage.com, “Missouri Lawmakers Propose New Ignition Interlock Requirements,” July 8, 2014

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Missouri Man Sentenced to 5 years for DWI Wreck

 

A St. Louis County man was sentenced to 5 years in prison for a fatal 2012 car accident that killed a South St. Louis County woman.

Police alleged that the man ran a red light and broadsided the other car killing the woman. He was arrested at the scene and later blood was drawn. He was found to have had a BAC of .12%.

In Missouri, the legal limit for blood alcohol is .08%. If you are charged with DWI as a part of an accident that kills another person, you may be charged with manslaughter, which is a felony.

DWI manslaughter charges are serious and require a serious defense. John Schleiffarth of JCS Law has experience in handling felony DWI cases. Call today for a free consultation on your case. 314-616-4879

Source: stltoday.com, “Bosnian Driver in Fatal St. Louis County DWI Wreck Gets Prison  Time, May be Deported,” June 20, 2014

 

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How high is too high?

St. Louis DWI Drugs Lawyer

Missouri Law

In Missouri, there is no separate DWI/DUI statute for drug impairment, and instead, driving under the influence of drugs is included in the DWI statute, §577.010.  Intoxication in Missouri is described as any intoxication that in any manner impairs the ability of a person to operate a motor vehicle is sufficient to sustain a conviction for DWI under §577.010

Intoxication by Marijuana

You can receive a DWI for driving under the influence of Marijuana in Missouri. In fact, there is no “legal limit” for drug consumption. This means law enforcement does not need to prove that you had any certain amount of drugs in your system to charge you with DWI Drugs. If you have drugs or paraphernalia in your car, you may also be charged with possession of a controlled substance.

Can Marijuana really impair my driving?

The cells that carry out brain functions are called neurons. The communication of these neurons is carried out on neurotransmitters, the path of communication. Neurons have receptors that are specific to neurotransmitters. When THC enters the brain, it can mimic or block neurotransmitters and effect normal functions of the brain. Studies have shown that THC found in Marijuana can alter the mind in the following ways:

  • Impairs short-term memory
  • Impairs attention, judgment, and other cognitive functions
  • Impairs coordination and balance
  • Increases heart rate
  • Psychotic episodes

Although evidence from marijuana use and intoxication is limited, right now it can be considered a mind altering drug and can warrant an arrest and charges for DWI Drugs.

So in conclusion, there is no definitive answer to the question, “How high is too high?” If a law enforcement officer believes you are “intoxicated” by marijuana, he can arrest you and charge you with DWI drugs in Missouri. If you have been charged with DWI Drugs in Missouri, call JCS Law today for a free consultation on your case. 314-561-9690

 

Sources: http://www.drugabuse.gov/, http://www.moga.mo.gov/

 

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DWI and Assault charges after causing car accident

 

Driving while intoxicated is a serious charge, but it becomes even more serious when it results in an accident. Recently a man allegedly hit a Missouri State Highway Patrolman’s car as he was getting out to perform a traffic stop. When the man’s car collided with the state patrolman’s vehicle, it pushed it into the patrolman allegedly causing moderate injuries. The man cooperated with the investigation and was later charged with two counts of second degree assault and driving while intoxicated.

If you cause an accident and are later charged with DWI, the penalties associated with your DWI may be greater and you may face felony DWI charges.

If you or a loved one is facing charges of DWI and assault, you need legal representation immediately. Choose an experienced DWI defense attorney like John C. Schleiffarth to represent you and defend your rights. You are innocent until proven guilty in court. Protect your rights today.

Source: ksdk.com, “Driver charged with DWI in crash that injured state trooper,” Allison Sylte, May 25, 2014

Rolla Woman Convicted of DWI; Persistent Offender

A Rolla, Missouri woman was recently found guilty of DWI Persistent Offender according to the Prosecuting Attorney for the case. In sentencing, the woman faces up to four years in prison and a fine of up to $5,000.

The woman was arrested in September after being stopped for a lane violation and being asked to perform sobriety tests. Reports by law enforcement say that she had the smell of alcohol on her breath, along with other indicators of intoxication.

According to Missouri Statute, a Persistent Offender is one of the following:

a)      A person who has pleaded guilty to or has been found guilty of two or more intoxication-related traffic offenses;

b)      A person who has pleaded guilty to or has been found guilty of involuntary manslaughter pursuant to subdivision (2) or (3) of subsection 1 of section 565.024, assault in the second degree pursuant to subdivision (4) of subsection 1 of section 565.060, assault of a law enforcement officer in the second degree pursuant to subdivision (4) of subsection 1 of section 565.082

Missouri classifies DWI offenders based on the frequency and severity of their DWI offenses. If you or a loved one has been charged with one or more DWI’s, you need an aggressive St. Charles Defense Attorney to represent you. Convictions on these charges can carry prison sentences and hefty fines. An experienced DWI Lawyer like John Schleiffarth may be able to help you get your charges reduced and in some cases even dropped. Don’t waste time, you need representation.

Source:  therolladailynews.com, “Rolla woman convicted of DWI,” February 25, 2014.

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Several DWI Arrests Made by Police at Checkpoints

Two Missouri law enforcement agencies teamed up to make 11 DWI arrests recently. Over 270 vehicles were stopped as part of the checkpoint between 10pm and 2:50am. Several other arrests were made for Drug Possession and Driving while Suspended or Revoked. State grants make sobriety checkpoints like these possible.

While conducting sobriety checkpoints, law enforcement has specific guidelines they must follow. There are additional guidelines that come into play when they search a vehicle, perform standard field sobriety tests or make an arrest. Officers frequently make mistakes in following these guidelines and these mistakes could mean incorrect charges being brought upon an innocent individual.

Are you facing DWI charges as a result of a checkpoint? A St. Charles DWI Lawyer may be able to help you get your charges reduced or even dropped. Knowledgeable attorney’s like John Schleiffarth can review information regarding your arrest to see if law enforcement made any mistakes. There are critical parts of DWI Defense that are time sensitive and must be handled by an attorney right away. Do not wait, get representation immediately.

Source:  columbiatribune.com, “Police make 11 DWI arrests at checkpoints,” March 17, 2014.

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Fine print in Missouri guidelines regarding breath analysis equipment

The Department of Health and Senior Services has strict written guidelines regarding the maintenance of breath analysis equipment used by law enforcement. These guidelines are in place to uphold the chemical integrity of breath tests. Current regulations state, the machines must be periodically tested at one of three levels of blood-alcohol content: 0.10 percent, 0.08 percent (the legal limit in Missouri) or 0.04 percent.

In recent months an apparent loophole was noticed in the regulations from Nov. 30, 2012 to Jan. 29. During those 14 months, the regulations said breath analysis equipment was supposed to be tested to the level of 0.10 percent, 0.08 percent and 0.04 percent. Some interpret the “and” to mean equipment must be calibrated to each of the three levels.

Recently the regulations were changed to say “or,” meaning police are required only to test the machines at one of the levels, instead of all three.

Breath test results are only one piece of a puzzle when it comes to evidence in a DWI case. Quality DWI defense attorneys like John Schleiffarth study each piece of evidence in a DWI case to find facts that can be used to defend their clients. Mistakes are frequently made by law enforcement in administering standard field sobriety tests and breath tests. These mistakes can have a bearing on the outcome of the investigation and ultimately on charges handed down by law enforcement. Some mistakes, if proven in court, may result in minimized sentences and even cases being thrown out altogether.

Don’t let mistakes on the part of law enforcement permanently damage you or a loved ones life. JCS Law fights DWI charges and criminal defense attorney John Schleiffarth boldly represents those accused of DWI.

Source: stltoday.com, “Drunken driving suspects may get a break from fine print in Missouri regulations“, Jesse Bogan, February 27, 2014

Man goes to prison after 3rd DWI

A 31-year-old man with three driving while intoxicated convictions is headed to prison after violating his probation.

The man got his first DWI in De Soto in 2001 and second in Festus in 2005.

Court records show he was again accused of DWI on a revoked license on southbound Hwy. 67 at Meyer Rd. on Aug. 7 2008.

He pleaded guilty to all three and was sentenced to three years in prison, but that was suspended and he got probation instead.

He violated that probation on Jan. 17 and the three-year sentence was executed.

A person who is charged with three or more dwi charges in Missouri is classified as an “Aggravated Offender.” Aggravated Offender charges are very serious and require a serious defense. Bold and Aggressive attorneys like John Schleiffarth of JCS Law in Webster Groves can effectively fight charges like these. The law in these cases is very specific and even scientific. If you or a loved one is facing similar charges, don’t settle for prison, fight back.

Source: kmov.com, “Man, 31, gets prison time for third DWI”, January 29, 2014

Kansas Man faces DWI charges in Missouri

DWI Lawyer St. Louis

The Missouri State Highway Patrol says alcohol was a factor in a rollover accident on Interstate 29 on Thursday.

A 43-year-old man from Stillwater, Kanasas, was arrested for DWI after losing control of his car heading north on Interstate 29 near mile marker 38.
Troopers said the man hit the median, over corrected, then ht a guardrail before flipping over the rail and down and embankment. The driver was not injured and no other cars were involved in the accident.

Whether its a first time DWI or there have been prior offenses, an attorney with criminal defense experience could help this man or any individual facing similar charges prepare and present a defense in court. The attorney could examine the details of the case and make a recommendation that suggest the focus of the defense should be on fighting against a conviction or negotiating for a plea deal that reduces the charges and the possible sentence. In some cases, convictions seem more likely and an attorney can decided if working towards a good plea deal is the best strategy for their client.

Source: stjoechannel.com, “Driver Arrested for DWI After Rollover Crash, Dec. 18, 2013

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