The Missouri Court of Appeals, Eastern District of Missouri, determined there is no statute of limitations or defense of laches that bars the Missouri Department of Revenue from administratively suspending a person’s driving privileges in connection with driving while intoxicated (“DWI”).  In Lawrence v. Director of Revenue, a motor vehicle driver was arrested on October [...]

A conviction for driving while intoxicated (“DWI”) and resisting arrest was upheld where the Court of Appeals determined that there was evidence that defendant was driving his vehicle while intoxicated, albeit thirty (30) minutes expired before law enforcement made contact with the driver. The evidence presented at trial revealed that the Defendant had stopped his [...]

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights.  Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and [...]

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights. Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and [...]

I recently obtained a favorable ruling following a hearing on a motion to suppress evidence and statements in connection with a traffic stop.  My client was arrested following a traffic stop for the criminal law violation of felony possession of a controlled substance.  I argued that the law enforcement officer violated my client’s rights under the Fourth [...]

Cole County, Missouri has a new program for individuals arrested for driving while intoxicated (DWI) creatively named the “DWI Court.”  The DWI Court was created following enactment of law by the Missouri General Assembly. Despite the statutory provisions allowing for participation in a DWI court by first time DWI offenders, only individuals with repeat DWI [...]