Missouri Supreme Court ruling could spur release of drunken driving offenders

Jefferson City, MO

A recent Missouri Supreme Court ruling that allows many repeat drunken drivers to avoid felony charges could result in the release of some offenders.

Because of the ruling earlier this month, prosecutors are reducing some felony charges in pending cases to misdemeanors. Defense attorneys contend the ruling also applies retroactively, meaning some people convicted of felony drunken driving should be released. Lawmakers, meanwhile, are researching the issue.

The court's decision came in the Lafayette County case of Reginald A. Turner, 54, whose 2005 felony conviction was based on a municipal drunken-driving plea and two state convictions, the Kansas City Star reported.

At issue was an old clause near the bottom of the state's drunken-driving law that conflicted with newer language intended to toughen penalties. The clause said that if someone received a suspended sentence after pleading guilty in municipal court to driving while intoxicated, that conviction could not be counted toward state felony charges, which prosecutors can file on a driver's third offense.
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The Supreme Court said that if two conflicting standards exist within a criminal law, the defendant gets the lesser penalty. More >>

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