53 Things YOU Need to Know about Your Missouri DUI/DWI Case that NO ONE is Telling YOU

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5 things the District Attorney does not want you to know :

1. He does not have all the witnesses available to prove his case.
   
2. He has exculpatory evidence which would prove your innocence.
   
3. You have a right to a jury trial within six months of pleading not guilty.
   
4. He has evidentiary problems in proving your blood alcohol level.
   
5. He's bluffing.

7 of the facts that must be proved before you can be found guilty:

1. Your identity
   
2. As a driver
   
3. Of a motor vehicle
   
4. In the state of Missouri, while
   
5. Your blood alcohol level was over .08% B.A.C. or
   
6. You were substantially incapable of driving (D.U.I.) or
   
7. You were affected to slightest degree in your driving ability (D.W.I.).

What you must do immediately to preserve your right to drive:

If you have been arrested in the past fifteen days for having a blood, breath or urine test taken with a result above .08% B.A.C., while operating a vehicle; or, if you have refused to take a chemical test after being arrested for an alcohol-related traffic offense, you must take IMMEDIATE action or else your license could be suspended or revoked.

In Missouri, an arrested driver must appeal the refusal/arrest within 15 days from the date of arrest or else he or she has completely waived many rights, and his or her license will be suspended without a fight.

Even if you are running out of time after your arrest, feel free to call our office for advice. Do not waive your rights!!
10 questions your attorney must ask you.

1. What your itinerary was prior to arrest.
   
2. Your consumption of alcoholic beverages.
   
3. Your observations of the officer.
   
4. The officer's stated reasons for stopping you.
   
5. Whether the officer asked or ordered you to take roadside tests.
   
6. Your performance on roadside tests.
   
7. Statements you made to the officer.
   
8. What the results were of any breath or blood tests.
   
9. Whether there were witnesses to your arrest.
   
10. Whether you were observed prior to a breath test,

What are the 4 items crucial to your defense?

1. A good investigation of the facts.
   
2. Vigorous cross-examination.
   
3. A sound understanding of constitutional principles.
   
4. An experienced attorney.

What is the one thing your attorney must do to raise objections based on the Summons and Complaint?

• Appear in person for your arraignment.

Why a jury trial is advisable:

• In Missouri, a unanimous verdict is required and all the jury members have to agree on your guilt instead of one judge.

What is necessary to get a jury trial?

• You automatically have a right to a jury trial.

How the arresting officer's testimony can be impeached:

1. Inconsistent statements.
   
2. Failure to recollect.

5 requirements which must be followed for chemical and roadside tests to be valid:

1. The officer must have had a reasonable suspicion that you were violating the law.
   
2. The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
   
3. The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
   
4. You must be validly placed under arrest before any chemical test is administered.
   
5. The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.

What are the 2 key pieces of information which must be learned in deciding to go to trial?

1. An estimation of the weaknesses and strengths of the State's case against you.
   
2. The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it.

• It's a cost benefit analysis. How much do you have to defend your case?

What effect will this Missouri arrest have on my license and when will I be able to drive?

Under Missouri law, if you do not fight the administrative portion of your arrest, or if you lose the administrative hearing, you will face the following:

Where a driver has no:

• alcohol-related enforcement contacts;
  
• refusals to submit to testing,:
  
• administrative alcohol suspensions/revocations, or
  
• DUI/DWI or BAC convictions in or out of state,

within a five-year period immediately preceding his or her current suspension, the license is suspended for a thirty day period, followed by a sixty (60) day period where a restricted driving privilege is available for a total ninety (90) day suspension. The license suspension shall be one year "if the person's driving record shows one or more prior alcohol related enforcement contacts during the immediately preceding five years."

However: any two convictions for driving while intoxicated in a five-year period will cause a license to be revoked for five years; and, any combination of three of more convictions for DUI, DWI or BAC (operating a motor vehicle with excessive blood alcohol content or more) within a life time will cause a license to be revoked for a minimum of 10 years.
How to save your license if you're found guilty in court?

• In Missouri, a driver may request a hardship or limited driver's license after a certain time period if he or she is suspended "so long as otherwise eligible."

What 4 preliminary motions should be filed, and the danger to you if they aren't.

1. Motion to suppress evidence on the ground that you were unconstitutionally stopped.
   
2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
   
3. Motion to suppress statements on failure to give Miranda rights.
   
4. Motion for Discovery of all evidence.

If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence.
7 defense tactics in pre-trial motions:

1. Contest the constitutionality of the stop.
   
2. Contest the constitutionality of the administration of roadside tests.
   
3. Contest the constitutionality of the probable cause to arrest.
   
4. Contest the constitutionality of the Miranda rights.
   
5. Contest the manner in which roadside tests were given
   
6. Contest the use of a Portable Breath Tester.
   
7. Contest the constitutionality of any search and seizure.

J. Matthew Guilfoil, Missouri DUI / DWI / BAC Lawyer, Kenney, Shepherd & Guilfoil, L.L.C. Toll Free Number (866) DWI-MATT.  EMAIL: info@ksg-law.com

 

Web pages:

http://Missouri-dui-dwi-defense.com

 

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri page)

 

http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/

(www.dui-dwi.com Missouri page)

 

http://www.ksg-law.com

Missouri DUI / DWI Drunk Driving Practice in the following Regions, Cities, and Counties in Missouri:

Kansas City, North Kansas City, Independence, Liberty, Blue Springs, Buckner, Grain Valley, Grandview, Greenwood, Lake Lotawana, Lake Tapawingo, Lee's Summit, Lone Jack, Oak Grove, Raytown, Sugar Creek, Gladstone, Excelsior Springs, Claycomo, Holt, Kearney, Lawson, Mosby, Oakview, Oakwood, Pleasant Valley, Randolph, Smithville, Dearborn, Edgerton, Ferrelview, Houston Lake, Lake Waukomis, Northmoor, Parkville, Platte City, Platte Woods, Riverside, Tracy, Weatherby Lake, Weston, Archie, Belton, Harrisonville, Lake Winnebago, Peculiar, Pleasant Hill, Raymore, Warrensburg, Knob Noster, Alma, Bates City, Concordia, Corder, Emma, Higginsville, Lexington, Odessa, Wellington, Adair County, Andrew County, Atchison County, Audrain County, Barry County, Bates County, Benton County, Bollinger County, Boone County, Buchanan County, Butler County, Caldwell County, Callaway County, Camden County, Carroll County, Carter County, Cass County, Cedar County, Charlton County, Christian County, Clark County, Clay County, Clinton County, Cole County, Cooper County, Dade County, Dallas County, Daviess County, De Kalb County, Dent County, Douglas County, Franklin County, Gasconade County, Gentry County, Greene County, Grundy County, Harrison County, Henry County, Hickory County, Holt County, Howard County, Howell County, Iron County, Jackson County, Jasper County, Jefferson County, Johnson County, Knox County, Laclede County, Lafayette County, Lawrence County, Lewis County, Linn County, Macon County, Marion County, Mercer County, Miller County, Oregon County, Osage County, Ozark County, Pemiscot County, Pettis County, Phelps County, Pike County, Platte County, Polk County, Pulaski County, Putnam County, Ralls County, Randolph County, Ray County, Ripley County, Saline County, Schuyler County, Scotland County, Scott County, Shannon County, Shelby County, St Charles County, St Clair County, St Francois, Stone County, Sullivan County, Taney County, Texas County, Vernon County, Warren County, Wayne County, Webster County, Worth County, Wright County.