New laws target drunken and reckless boaters

Lake of the Ozarks, MO

Boaters must follow new laws on the water this Labor Day weekend. Missouri Water Patrol officers will be watching for drinking and speeding. It's an effort to reduce accidents tied to alcohol, as well as recklessness on the water.

The enforcement efforts will include sobriety checkpoints to enforce a new lowered maximum blood alcohol level for pilots. The legal limit as of Aug. 28 is .08 percent, down from .10 percent. That means the limit is the same as for drivers.

Last summer was the deadliest in the history of Lake of the Ozarks. Eight people drowned before Labor Day and alcohol was a factor in all but one of those deaths. Over all, the Water Patrol says drunken pilots cause nearly half of all boating deaths.

The new law also targets careless and reckless boating. After dusk, the speed limit for all boating areas is now 30 miles per hour. Pilots also have to slow down around Water Patrol vessels and any emergency crews.

Water Patrol Capt. Gary Haupt hopes the new rules will make lakes and rivers safer for families this Labor Day weekend and all year round.

So far this year, the Water Patrol says Lake of the Ozarks has had five deadly accidents. Overall though, the boating injury accidents are down from this year throughout Missouri.

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Two arrested at Osage Beach DWI checkpoints

Osage Beach, MO

A split sobriety checkpoint over the weekend marks the fourth DWI checkpoint for the city of Osage Beach this year. Officers stopped 226 drivers on Highway 54, and 117 drivers on Highway 42 overnight on Friday, citing two drivers for driving while intoxicated. Officers also made one drug arrest at the checkpoint, and two arrests for driving while suspended or revoked. Osage Beach Police Sergeant Arlyne Page says the installation of the checkpoint program this year continues to serve as a deterrent to drinking and driving.

"It's following the same trend that it has in the past," Page said, "eventually with the anticipated increase of checkpoints people will get the message."

The Osage Beach Police plan at least two more sobriety checkpoints this year. The city ran one checkpoint last year with the assistance of the Missouri State Highway Patrol.

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New Missouri DWI law: Calculating number of DWI offenses modified

Jefferson City, MO

Legislation signed by Gov. Matt Blunt will be enforced by Thursday and means to clarify both operation of vehicles and punishment for misuse.

At the top of the list is a measure that closes a loophole in sentencing for intoxication. The law change aims to hold those found to be driving while intoxicated accountable, regardless of where they are caught.

“In Missouri, if you have DWI one and two, then DWI three would be a felony,” said Tim Hull, a captain with the Missouri Highway Patrol. “But you have to have those in that sequence.

“Therefore, (the Supreme Court) was not allowing us to count the first one in that sequence if it happened within a municipality. If somebody got a DWI in a city, and I would get them again on a state highway, although they had that previous offense, I couldn't have counted it and would still be arresting them for their first.”

Under the old law, DWI defendants could plead guilty or receive a suspended imposition in a municipality and that DWI could not be held against a person if they reached the felony threshhold of two more intoxication offenses.

“What this does is allow us to count that conviction, that plea of guilty or finding them guilty against them in a new sentence,” Hull said. “Therefore, a previous intoxication will count whether it's state, county or muncipality ordinance and treat it just like a plea of guilty or finding them guilty.”

Other statute adjustments transfer some enforcement of DWI charges to the Department of Revenue. It will be in charge - starting July 1, 2009 - of keeping check whether multiple offenders have an ignition interlock device installed. The device checks the person's alcohol level and can prevent them from driving with alcohol in their system.

“Once a person receives that conviction, now (the Department of Revenue) will mandate an ignition interlock device be put back on their car before they can re-issue a driver's license,” Hull said.

The legislature also changed laws for particular types of vehicles. That started with utility vehicles - like John Deere Gators - and ended with statewide rules for tractor trailers.

“Until now, utility vehicles could not be operated legally on our roadways at all,” Hull said. “Under these specific guidelines, utility vehicles can be used if owned and operated by a governmental entity for official use, operated for agriculture or industrial purposes, and (legislators) also put a clause in there that utility vehicles can be operated on occasion on secondary roads between the hours of sunrise and sunset.”

While this broadens rules for utility vehicles, restrictions are in order for tractor trailers in urban areas. New changes will prohibit them from using the left-hand lane on all three-lane roads in Missouri.

“That law had already been passed in the St. Louis area, within the urbanized area, when you have three lanes going the same direction,” Hull said. “This act kind of broadens it out from the St. Louis area to other urbanized areas around the state.

“We're just making people aware of these new law changes and how it's going to affect vehicle operation and want to educate the drivers and public of what's new.”

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Kansas City sobriety checkpoint yields 37 DUI arrests

Kansas City, MO

Kansas City police arrested 37 people for drunken driving during a sobriety checkpoint late Friday and early this morning.

Police stopped 1,447 vehicles at U.S. 169 and Lou Holland Drive between 9 p.m. Friday and 4 a.m. this morning. In addition to the drunken-driving arrests, authorities also made several other arrests, including 13 outstanding warrants, one possession of marijuana, one endangering the welfare of a child, one minor in possession, one hazardous moving violation and one other traffic charge.

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New Missouri DWI laws go into effect August 28

Fulton, MO

New road rules will soon go into effect that impact how and where some drivers are allowed to steer their vehicles.

Recent legislation signed by Gov. Matt Blunt will begin being enforced by at least Aug. 28, and means to clarify both operation of vehicles and punishment for misuse.

At the top of the list is a measure that closes a loophole in sentencing for intoxication. The law change aims to hold those found to be driving while intoxicated accountable, regardless of where they are caught.

“In Missouri if you have DWI one and two, then DWI three would be a felony,” said Tim Hull, a captain with the Missouri Highway Patrol. “But you have to have those in that sequence.

“Therefore, (the Supreme Court) was not allowing us to count the first one in that sequence if it happened within a municipality. If somebody got a DWI in a city and I would get them again on a state highway, although they had that previous offense I couldn't have counted it and would still be arresting them for their first.”

Under the old law, DWI defendants could plead guilty or receive a suspended imposition in a municipality and that DWI could not be held against a person if they reached the felony threshhold of two more intoxication offenses.

“What this does is allow us to count that conviction, that plea of guilty or finding them guilty against them in a new sentence,” Hull said. “Therefore, a previous intoxication will count whether it's state, county or muncipality ordinance and treat it just like a plea of guilty or finding them guilty.”

Other statute adjustments transfer some enforcement of DWI charges to the Department of Revenue. It will be in charge - starting next July 1 - of keeping check whether multiple offenders have an ignition interlock device installed. The device checks the person's alcohol level and can prevent them from driving with alcohol in their system.

“Once a person receives that conviction, now (the Department of Revenue) will mandate an ignition interlock device be put back on their car before they can re-issue a driver's license,” Hull said.

The legislature also changed laws for particular types of vehicles. That started with utility vehicles - like John Deere Gators - and ended with statewide rules for tractor trailers.

“Until now utility vehicles could not be operated legally on our roadways at all,” Hull said. “Under these specific guidelines utility vehicles can be used if owned and operated by a governmental entity for official use, operated for agriculture or industrial purposes, and (legislators) also put a clause in there that utility vehicles can be operated on occasion on secondary roads between the hours of sunrise and sunset.”

While this broadens rules for utility vehicles, restrictions are in order for tractor trailers in urban areas. New changes will prohibit them from using the left-hand lane on all three-lane roads in Missouri.

“That law had already been passed in the St. Louis area within the urbanized area when you have three lanes going the same direction,” Hull said. “This act kind of broadens it out from the St. Louis area to other urbanized areas around the state.

“We're just making people aware of these new law changes and how it's going to affect vehicle operation and want to educate the drivers and public of what's new.”

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Changes in Missouri DWI law: repeat offenders and ignition interlock

Lake of the Ozarks, MO

According to the Missouri Highway Patrol, this year the state legislature recently passed a bill affecting vehicle operation. Gov. Matt Blunt has signed the legislation into law.

Some of the laws contained an emergency clause went into effect once it was signed, while others will be enforced after Aug. 28.

The Highway Patrol wants to increase public awareness and education by letting the public know of the changes in state law.

• Prior DWI and intoxication-related offenses. This act attempts to rectify a recent Supreme Court ruling that held that a defendant’s prior guilty plea and suspended imposition of sentence in municipal court could not be used to enhance the punishment for the defendant’s new intoxication-related traffic offense. This act specifies that a conviction, plea of guilty, or a finding of guilty followed by incarceration, a fine, a suspended imposition of sentence, suspended execution of sentence, probation or parole, or any combination thereof in any intoxication-related traffic offense in a state, county, or municipal court shall be treated as a prior plea of guilty or finding of guilty for purposes of enhanced punishment under Section 577.023 RSMo.

• Ignition interlock devices. This act makes the current ignition interlock device law for repeat offenders an administrative requirement enforced by the Department of Revenue instead of the courts. Under the terms of the act, repeat offenders must provide proof of installation to the department in order to obtain a license or limited driving privilege.
Under the terms of this act, any person who has been convicted of two or more driving while intoxicated offenses and had his or her license or driving privilege denied cannot have his or license reinstated until the person has filed proof with the director of the Department of Revenue that his or her motor vehicle is equipped with an ignition interlock device. The ignition interlock device must be maintained on all motor vehicles operated by the person for a period of at least six months following the date of reinstatement. If the person fails to maintain the proof, the restricted driving privilege will be suspended for the remainder of the six-month period or until the person files proof with the director (Section 302.060 RSMo.).
The act applies the same criteria to persons who have had their license suspended or revoked due to points for a second or subsequent conviction relating to driving while in an intoxicated condition, driving under the influence of controlled substances or drugs, or driving with a blood alcohol content of eight-hundredths of one percent or more by weight. Such persons must also file proof with the director that have equipped their motor vehicles with certified ignition interlock devices. Such devices shall be maintained on all vehicles for a period of at least six months following the date of reinstatement. If the person fails to maintain proof of maintaining an ignition interlock device, the person will be guilty of a Class A misdemeanor (Section 302.304 RSMo.).

The act specifies that a limited driving privilege may be granted to a person seeking the services of a certified ignition interlock device provider. No limited driving privilege shall be issued under Section 302.309 RSMO. until the applicant for such privilege files proof with the director of the Department of Revenue that all of the motor vehicles operated by the applicant are equipped with certified ignition interlock devices. Failure to maintain proof of installation of a functioning, certified ignition interlock device shall result in termination of the limited driving privilege (Section 302.309 RSMo.).
The provisions of the act relating to the installation of ignition interlock devices becomes effective July 1, 2009.

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Missouri DWI enforcement campaign: ‘You drink and drive, you lose’

Branson, MO

Local and state law enforcement officials plan to send a strong message to drivers over the next couple of weeks.

The statewide campaign “You Drink and Drive. You Lose,” aimed at stopping motorists from driving under the influence of alcohol and drugs, will get under way today as area and state law enforcement officials crack down on impaired drivers. The campaign runs through Labor Day.

While officials are patrolling the state’s roadways, Missouri Department of Transportation message boards will also be reminding drivers to stay safe, displaying the campaign’s message.

“DWI enforcement is a priority with the Missouri State Highway Patrol 365 days a year,” said Col. James Keathly, the superintendent of the Missouri State Highway Patrol.

Keathly’s message to drivers is , “If you are stopped and found to be intoxicated, you will be arrested.”

During 2007, 243 people died in more than 7,700 alcohol-related crashes in Missouri. Last year, in Missouri someone was killed or injured every 1.7 hours in alcohol-related crashes.

Locally, both Stone and Taney counties’ law enforcement agencies will also be stepping up enforcement and cracking down on drivers, in their endeavor to reduce the number of deaths and serious injuries caused by impaired drivers.

“Driving while intoxicated is one of the most common violent crimes,” said Branson Police Chief Caroll McCullough. “These tragedies are preventable when drivers make a simple, smart choice not to drink and drive.”

To help with the overtime, Branson Police officers will be putting in between now and Sept. 1, the city has received a $2,800 grant.

Officials said those caught drinking and driving could lose their licenses, be required to pay fines and face possible jail time.

Hollister is just one of the many other local communities to join the statewide campaign.

“Drinking and driving is a problem everywhere,” Hollister Police Chief Preston Schmidt said. “We will be stepping up our enforcement during those dates.”

Although Hollister does not have a grant to help with overtime costs, Schmidt said the police department is in the process of applying for a grant to assist with the next statewide campaign.

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Missouri traffic deaths down

Jefferson City, MO

The Missouri Highway Patrol says it is hard to pinpoint just one reason for the decrease.

Being a truck driver for a living, Tommy Pate was happy to hear Missouri traffic deaths are down.

"Of course it's going to make a person feel better, that way you feel safer on the road, and maybe people are paying more attention to what they do on the road," said Pate.

By August 10, 2007, there were 598 traffic fatalities in Missouri. So far in 2008, 554 people have died in car crashes, a decrease of 7 percent over the same period last year.

The Missouri Highway Patrol attributes the decrease in fatalities in large part to what it calls the 4 E's: Education, Enforcement, Engineering, and E.M.S.

"Our education efforts, that the highway patrol does each and every year, with either young drivers and individuals that are there. We credit our enforcement efforts, whether they be the DWI saturations, DWI checkpoints, hazardous moving saturations that we do throughout the troops. We credit engineering and we credit our EMT services," explained Sgt. Paul Reinsch of the Missouri Highway Patrol.

"Ultimately, that's where it comes down, the individual drivers out there, following the traffic laws, driving defensively, driving courteously, paying attention to what goes on around them, obeying the speed limit, and driving sober," stated Lt. John Hotz of the Missouri Highway Patrol.

And Jones hopes the numbers keep dropping.

"That way I know everybody's being safe, and I can feel safe out here, and everything. If it keeps going down, that's a good thing, isn't it?" said Pate.

Missouri Highway Patrol officers ask drivers to continue being cautious while traveling, especially as the summer vacation season draws to a close.

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Missouri cracks down on intoxicated drivers

Jefferson City, MO

The statewide campaign aimed at stopping motorists from driving under the influence of alcohol or drugs is sponsored by the Missouri Coalition for Roadway Safety and kicked off August 8th. Advertising and enforcement begins the following week and continues through Labor Day.

"It is important that we inform Missourians about the dangers of alcohol abuse and drunk driving," Gov. Matt Blunt said. "In Missouri if someone chooses to get behind the wheel while intoxicated, they are not only putting others at risk, they are choosing to face very serious consequences that could impact their driving privileges."

Television ads reinforce the consequences of impaired driving by using a play on words, beginning with scenes of a beer mug and shot glass and ending with an impaired driver's police station mug shot.

"DWI enforcement is a priority with the Missouri State Highway Patrol 365 days a year," said Colonel James F. Keathley, superintendent of the Missouri State Highway Patrol. "If you are stopped and found to be intoxicated, you will be arrested.

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Cole County DWI checkpoint nets 9 arrests

Jefferson City, MO

Law enforcement at a DWI checkpoint in Jefferson City Saturday night didn't have to wait long for their first offender. It took just three minutes.

The Cole County Sheriff's Department along with Jefferson City Police and the Highway Patrol stopped cars in the 36-hundred block of Highway 50. Almost three-hundred cars were checked.

In all the sobriety checkpoint netted nine violations, including three for driving while intoxicated, one for possession of drugs, and another for an undocumented alien.

A grant from MODOT helped fund the checkpoint.

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Boone County DWI checkpoint nets 18 arrests

Columbia, MO

A drunk driving saturation checkpoint in Boone County Friday night netted eighteen arrests.

The Boone County Sheriff's Department set up checkpoint on Shalimar Dr. at Rangeline. From eleven pm. until three am., deputies checked over three-hundred cars.

They arrested six for driving while intoxicated and three more for possession of a controlled substance. Seven drivers were also arrested for driving on a suspended license.

Mothers Against Drunk Driving, or MADD, was part of the volunteer squad helping out at the checkpoint.

Motorists did have a warning. The sheriff's department let newspapers and other media know that the checkpoint was planned for last night, although the exact location was not given.

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DWI's on the rise in Jefferson County

Hillsboro, MO

The Jefferson County Sheriff's Office will be taking part in a statewide campaign to aggressively curtail impaired drivers from Aug. 15 to Sept. 1.

The campaign, "You Drink and Drive. You Lose," will involve increased law enforcement efforts to reduce the deaths and serious injuries caused by drivers under the influence of drugs and alcohol.

"Driving while intoxicated is one of the most common violent crimes, randomly killing or injuring someone in Missouri every one and a half hours," said Sheriff Oliver "Glenn" Boyer. "These tragedies are preventable when drivers make a simple, smart choice not to drink and drive."According to a sheriff's report, Jefferson County deputies arrested 733 drivers for DWI in 2007, an increase of 7.7 percent from 2006.

Boyer said a DWI can come with some stiff consequences, especially if it involves the injury or death of another person.

"If you cause a fatal crash while intoxicated, you can be charged with involuntary manslaughter, a felony resulting in up to seven years of jail time, a $5,000 fine, or both," he said.

First-time offenders could lose their license for 90 days, pay a $500 fine and/or spend up to six months in jail, Boyer said. A second conviction could net offenders a year-long license revocation, a $1,000 fine and up to a year in jail.

Minors caught drinking and driving also could face minor in possession charges, which could net a 90-day suspension of their driver's license for the first offense in addition to any other suspension from a points assessment.

"Insurance coverage will be difficult to find and your rates will be significantly higher," Boyer said.

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Bolivar DWI crackdown begins Aug. 15

Bolivar, MO

The Bolivar Police Department will be cracking down on impaired drivers Aug. 15 through Sept. 1 during the You Drink & Drive, You Lose statewide crackdown. Law enforcement efforts will be increased in an endeavor to reduce the deaths and serious injuries caused by impaired drivers. Those caught drinking and driving could lose their license, money and freedom.

“Driving while intoxicated is one of the most common violent crimes, randomly killing or injuring someone in Missouri every one and one-half hours,” Police Chief Michael Seibert said. “These tragedies are preventable when drivers make a simple, smart choice not to drink and drive.”

Is it worth it? Consider some of the consequences if you choose to drive while intoxicated:

• If you cause a fatal crash while intoxicated, you can be charged with involuntary manslaughter, a felony resulting in up to seven years of jail time, a $5,000 fine or both.

• Your license can be suspended for 90 days on your first conviction. You could be fined up to $500 and spend up to six months in jail.

• A second conviction results in a year-long revocation of your license. You could be fined up to $1,000 and spend up to one year in jail.

• Minors may additionally be subject to a minor in possession citation, resulting in license suspension for 90 days for a first offense. This is in addition to any suspension resulting from “point” assessment on an alcohol conviction.

• Insurance coverage will be difficult to find and your rates will be significantly higher

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DWI suspected in car crash into duplex in Columbia

Columbia, MO

An alleged drunken driver crashed into a northeast Columbia duplex last night, causing an estimated $10,000 in damage but no injuries, the Columbia Fire Department said.

Firefighters were called at 8:15 p.m. to 2803 Fair Haven Drive after a report of a vehicle striking the building. Witnesses reported the vehicle traveled off the roadway, through the front yard and into the building, according to a news release from the fire department.

A man inside the damaged apartment was not injured, the news release said. Members of the fire department’s Technical Rescue Special Operations Team strengthened the building with wooden shores and plywood inside the damaged area.

A representative with the city’s protective inspection division determined that the building was structurally sound and that the undamaged side of the duplex was safe for occupation, the news release said.

The driver of the vehicle, 29-year-old Nathan K. Davis of 2801 Fair Haven Drive, was arrested on suspicion of driving while intoxicated and driving with a revoked license, Columbia police Sgt. Ken Hammond said. Davis was released from the Boone County Jail after posting a $500 bond.

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Governor’s Column - Keeping Drunk Drivers Off Missouri Highways and Roads

By Gov. (not for long...) Matt Blunt

Drunk drivers take thousands of innocent lives every year. My heart goes out to the parents, the children, the brothers, the sisters, and the friends who have had their lives changed forever by the irresponsibility of drunk drivers. No one should have to suffer through the pain caused by drunk driving accidents.

Thankfully, we already have tough laws to punish drunk drivers and in 2005 we passed legislation that strengthened our statutes.

Legislation I signed in 2005 addressed possession and consumption of alcohol by minors. I also signed legislation which increased the penalties for involuntary manslaughter, for those convicted of a DWI three or more times, and eliminated the ten-year statute of limitations prohibiting use of a past alcohol-related offense to enhance a current DWI to a felony. These efforts have increased the amount of time that convicted DWI offenders serve behind bars.

This year I signed legislation strengthening penalties for drivers convicted of repeat drunk driving offenses by requiring the use of interlock devices. Ignition interlocks are devices that disable a vehicle’s ignition if the driver is drunk or drinking. The legislation shifts responsibility for ignition interlock devices to the Department of Revenue and away from courts that were not enforcing compliance. These devices save lives and keep repeat drunk driving offenders off of Missouri roads and highways.

This year I also signed legislation that lowers the legal intoxication limit for boaters from .1 of one percent to .08 of one percent, ensuring consistency with the legal limits for operating a vehicle. Irresponsible boaters that choose to become intoxicated put everyone else on the water at great risk, just as drunk drivers risk lives on Missouri’s roads and highways. There is no reason that the legal limit should be higher on the water.

This legislation I signed also specifies that anyone who causes a death while boating under the influence will be guilty of involuntary manslaughter, punishable by up to seven years in prison.

I am confident that with the steps we have taken to strengthen our laws against drunk driving, and the efforts of our law enforcement professionals, we will save lives and all Missourians will be safer on our roads and waterways.

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