David Freese blood alcohol level was .232 percents, says Maryland Heights Police Report

 

Maryland Heights, MO

We now have the official police report from the early morning DWI arrest of Cardinals player David Freese. The report shows his blood alcohol content was almost three times over the legal limit when he was arrested early Saturday morning in Maryland Heights. The police report obtained through the Freedom Of Information Act shows Freese took a breathalizer test. His blood alcohol content was .232. Almost three times over the legal limit of .08.

The report goes on to say Freese was swerving while driving on Page Avenue around 2:00 a.m. The officer pulled the Cardinals player over. Freese smelled like alcohol. The officer asked for his insurance card. Freese gave him his health insurance card.

Freese said he'd had seven beers to drink and was on his way from downtown to his home near Lafayette High School.

But Freese was going east on Page. When the officer asked him if he knew where he was, Freese said he thought he was at I-270 and Highway 40.

Freese was cooperative. He was arrested and jailed. A friend picked him up about an hour later.

The 26 year old's agent says Freese is remorseful and eager to put the incident behind him.

Freese is a top candidate to be the Cardinals third baseman this year.

Maryland Heights police say Freese was not treated any differently because he's a baseball player. The officer on patrol was on a special DUI enforcement detail paid for by a special state grant.

St. Louis, MO DWI Lawyers - Maryland Heights DWI Attorneys

 Subscribe to Missouri DWI News

Bill McClellan: A realistic approach to battling DWI

St. Louis, MO

Wayne Wright was sentenced Monday to three years in prison for killing Shawn Williams.

That does not sound like much of a sentence, but this was a drunken driving case, and with such cases, punishment is all over the map. People around here know that. We think of Leonard Little spending a few nights in jail and continuing with his career as a professional football player. At least three years is something.

Wright did not seem like a bad person. Nor did he seem like a disreputable character. In fact, retired Judge Joan Burger and her husband were in court to offer their support. He's very remorseful, they told me.

Of course, remorse only goes so far. Williams was 23 years old, a bright and engaging young man with a radiant smile. He was a college graduate, active in his church. "Have a blessed day," he used to say, and with real feeling. That was according to his aunt, Clara Beth Thomas, who spoke for the family at the sentencing. Williams' father was there and sat stoically in the front row in his Air Force fatigues.


Judge Lisa Van Amburg asked assistant circuit attorney Dwight Warren to outline the facts of the case. Warren said that Wright was driving at a high rate of speed without his lights on when he struck Williams in the 3000 block of Olive Street on a Sunday night in September of last year. Wright continued driving east after he struck Williams, but was apprehended a few blocks away by a nightclub security guard.

After defense attorney Terry Flanagan told the judge of Wright's remorse, Wright spoke. He spoke softly and cried during his talk. I caught phrases and words. "I wish I could take it back ... every day ... pain that I caused... ." He said he knew something about anguish and suffering because he has been HIV-positive for 14 years. He said his remorse for what he had done would never leave him, and he said he didn't blame Williams family if they hated him.

Outside the courtroom, I spoke with Thomas. She did not speak of hate, but rather of impatience. When will we take drunken driving seriously?

I had intended to write about this case because of the onset of holiday parties. If people read about a sentencing like this, perhaps they would be careful.

But would they? And what does it mean to be careful? Perhaps most importantly, how best should we address the scourge of drunken driving?

The judge had mused about that very thing. She called drunken driving a plague on the community. Although the three-year sentence was a plea agreement, she said that cases like these were difficult for judges.

I'm sure she was talking about the awful duality of these cases — a terrible crime has been committed, but the criminal seems like one of us.

Which is why so many past efforts to do something about drunken driving have come to naught. We posture and announce our intention to go to some kind of zero-tolerance policy, and then we think, "There but for the grace of God ..."

I think our problem is with zero tolerance. We tend to lump all these cases together as if a DWI is a DWI is a DWI. It isn't.

Think of a fellow who truly has one too many. Imagine him with a blood-alcohol level of 0.08 percent.

Is he impaired? Yes. But it is a minor impairment. His driving is probably comparable to the driving of an 84-year-old, or a young person who's talking on the phone while he or she drives.

Irresponsible? Sure. But a menace, a plague? Not really.

The driver we have to fear is the truly drunken driver. He or she is capable of busting through a stop light, of going the wrong way on an interstate, of speeding down Olive Street with no lights. Wright's blood-alcohol level was 0.19 percent.

Missouri Gov. Jay Nixon and the legislators have promised legislation in the coming session to crack down on drunken driving. I hope they take a realistic approach. A zero-tolerance approach might sound good, but it won't work.

Let's crack down hard on anybody who drives drunk. Truly drunk. Thirty days in jail for 0.15 percent or for a refusal to take a breathalyzer. No exceptions. Mandatory prison time for anybody who kills or injures a person while driving under the influence.

Let's keep records of anybody who drives when they're at all impaired, but let's not pretend that a DWI is a DWI is a DWI. Let's take the "there but for the grace of God" stuff out of the equation. Only then will we really get serious. And we have to get serious. We have too many of these sentencings.

 Subscribe to Missouri DWI News

Driving While Intoxicated charges against Neosho minister to be dismissed

Joplin, MO

A charge of driving while intoxicated against a Neosho minister who has maintained his innocence since his arrest in July will be dismissed, city officials said Tuesday.

Melvin Stapp, 61, had asked that the DWI charge be dismissed after a Breathalyzer test showed no traces of alcohol in his system not long after his arrest on July 5. The charge had remained, though, pending the results of a lab analysis of a urine sample Stapp gave authorities in July.

“While substances were found to be present in Mr. Stapp’s test results, it has been determined that it was the result of prescription medication lawfully taken by Mr. Stapp,” the city said in a news release Tuesday.

City Attorney Steve Hays, who also acts as the city prosecutor in municipal cases, declined to comment beyond the press release, although he did say the dismissal extends only to the DWI charge. A separate charge of improper lane use against Stapp will remain.
Stapp, who has addressed the City Council about his arrest and the amount of time involved in obtaining the lab results, welcomed the news release.

“Finally,” he told the Globe on Tuesday. “I was glad to get that taken care of.”
Stapp reiterated what he had previously said: that he had no harsh words for the city, that the police have always been polite, and that they made a “judgment call” with which he disagreed.
Still, he said he thinks “the damage that was done (to his reputation) will never be repaired.”
Police had said Stapp failed several field sobriety tests administered at the scene and also had red eyes, which Stapp later said stem from eye problems he has had for years. Stapp was arrested.

A Breathalyzer test administered at the Newton County Jail showed no traces of alcohol, while
the results of the urine sample analysis remained pending.

Stapp has always denied both the DWI charge and the charge of improper lane use. “To me, it seems like I’ve been assumed guilty already,” he told the City Council in late July, later saying that his reputation was damaged. “Everybody in the country knows I’ve been arrested,” and “everybody in the country knows I’m a pastor,” he said.

Police Chief Dave McCracken previously told the Globe that he understood why Stapp was upset, but he said police acted in accordance with state law and department policy. Once police arrested Stapp on probable cause of driving while intoxicated, a condition that extends not only to alcohol but also to legally prescribed medications if they impair driving, the department could not “un-arrest” him and had to file paperwork with Hays, the chief said.

As for the improper-lane charge, Stapp said he plans to continue contesting that too. “I’m not going to plead guilty to it because I don’t think I did anything wrong,” he said Tuesday.
The minister said he plans to attend future council meetings, although he will not necessarily plan to speak to the council. “If they leave me alone, I will leave them alone,” he said Tuesday, referring to the city.

Missouri DWI Lawyers

 Subscribe to Missouri DWI News

Neosho minister charged with drunk driving addresses City Council

Neosho, MO

A Neosho minister who was charged with drunken driving although his Breathalyzer test showed no trace of alcohol will again address the City Council tonight.
Melvin Stapp, the minister of Monark Baptist Church, asked the council in late July to dismiss the misdemeanor charge of driving while intoxicated.
He will address the council tonight, he said, to complain about how long it has taken for the results of a lab analysis of a urine sample collected after his arrest in July to come back. Stapp, 61, said those results should resolve the issue, and that he will tell the council “that the test is not back, and I don’t like it.”
“I’d like to get this thing taken care of,” he told the Globe, saying the necessary procedures are “dragging on too long.”
Police Chief David McCracken said the time the case has taken is “pretty typical,” and that he expects the results soon. The Police Department only recently received test results for cases that were submitted in April, the chief said.
Mayor Jeff Werneke said Stapp has “every right” to address the council, although whether the charges against him are dismissed is “up to a judge.”
Stapp was pulled over by Neosho police at 1:05 a.m. on July 5 after police reportedly saw his vehicle traveling over the center yellow line for about half a block on Neosho Boulevard, near Stadium Drive. Stapp said he was headed home after manning his church’s fireworks stand on July 4.
Police said Stapp failed several field sobriety tests at the scene and also had red eyes, which Stapp later said stem from eye problems he has had for years. Stapp was arrested.
A Breathalyzer test administered at the Newton County Jail showed no traces of alcohol, while the results of the urine analysis remain pending.
Stapp has denied the DWI charge and the improper-lane-use charge filed against him. A pretrial conference has been set for 4 p.m. Thursday.
In other business tonight, the council will consider bids for additional taxi lanes at the airport, a contract with Liberty Pyrotechnics LLC for fireworks during Celebrate Neosho, and whether to waive fees for council members’ open-records requests.

Missouri DWI Criminal Defense Lawyers

 Subscribe to Missouri DWI News

No conviction plea deals on DWI charges defended by Judges

St. Louis, MO

DWI justice is doled out usually on weekday nights, often in tiny courtrooms, in city halls across the region. There's one common result: Come with a DWI charge. Leave without a DWI conviction.

From July 2007 through June 2008, the most recent data available, a newspaper analysis found most area courts convicted 15 percent or less. Six courts — Clayton, Crestwood, Valley Park, Moscow Mills, Moline Acres and Glendale — convicted nobody of DWI.

Several area judges and prosecutors said that was by design. Most said they had no problem giving a free pass to first-time offenders, and they believe only first-time offenders are prosecuted in their courts.

But the newspaper found case after case of prior offenders' being sent to a municipal court.


Regardless, the common plea deal is a suspended imposition of sentence (SIS). It means no conviction for the defendant if two years of probation is successfully completed.

Charles Billings, a judge in Fenton, Overland and Des Peres, said most courts believed they were administering real punishment and leaving enough of a paper trail that the SIS would count as a prior offense, as the law allows.

Even with an SIS, he said, the driver would have a record with the Department of Revenue. "Even if they got an SIS, you'd still have (a record with) DOR."

But although the department usually gets a notice of an SIS, it keeps track of only convictions — a problem for police checking someone's driving record to see past DWIs.

The other deal often offered by courts is convicting suspected drunken drivers of careless and imprudent driving or improper lane usage. The Department of Revenue records those charges in its conviction database, although it can take more digging to see if the convictions came from a DWI arrest, or just bad driving.

And those lesser charges are not serious enough for the state to suspend someone's license. Nor can nonalcohol charges count as a prior offense if the person is caught driving drunk again. So a repeat offender must be treated like a first-timer. Sometimes, courts do both deals, granting an SIS on a DWI while convicting someone of careless driving or improper lane usage. Judges defend the deals because they often come with a fine of up to $500 for each charge.

"They all take a careless and imprudent charge, and several points on their license, along with companion (charge) they're paying fines on," said O'Fallon, Mo., Judge Robert Wohler. "It's not like they're walking away without consequences."

Some courts are so enamored with the deals that they include them in their own calculations of conviction rates. The area's highest volume municipal court, run by St. Louis city, had DWI convictions on 12 percent of its DWI cases. But the court's administrative judge, Margaret Walsh, says an additional 60 percent of DWI defendants pleaded guilty and "got points on their licenses, substantial fines, and were required to attend the state-mandated evaluation and treatment program."

In her eyes, the city's conviction rate is more like 75 percent — even if most of the defendants aren't actually convicted of DWI.

 Subscribe to Missouri DWI News

Carterville man on riding lawnmower arrested for DWI

Cartervile, MO

A rural Carterville man has learned that hopping on a riding lawn mower and heading down the road is not a way to skirt Missouri’s drunken-driving laws.

Police Chief William Cline said Monday that one of his officers arrested James K. Dennis, 47. He is charged with riding a lawn mower while intoxicated on the overpass of Missouri Highway 171 at Carterville. The officer spotted the slow rider northbound on the overpass about 1 p.m. Friday, Cline said.

Dennis was stopped and asked to take a field sobriety test, the police chief said. Dennis did not do well on the test, Cline said. His license was revoked, and he had some outstanding warrants from Joplin, the police chief said.

The officer took Dennis to the Joplin police station on the warrants and had a Breathalyzer test administered about an hour and a half later, Cline said.

Dennis was charged with a misdemeanor offense of driving while intoxicated, driving with a revoked license and driving an off-road vehicle on a highway.

The police chief said it is not the first time he has heard of someone being arrested for allegedly driving a lawn mower while intoxicated.

“It’s fairly common for people who have been revoked or have a DWI (on their record),” he said. “If they have to run to the store, they’ll hop on a mower thinking that’s all right.”

It’s not, the police chief said. It is illegal to operate any vehicle on a public thoroughfare while under the influence of alcohol or drugs, he said.

Test results

The Breathalyzer test showed a blood-alcohol level of 0.094 percent, said Carterville police Chief William Cline. The legal limit for driving in Missouri is 0.08 percent.

Driving While Intoxicated Criminal Defense Lawyers

 Subscribe to Missouri DWI News

Second DWI charge for St. Charles County ambulance board member riles MADD

St. Charles County, MO

The back of the ambulances warn the public: "Don't Drink and Drive." But a new county ambulance district board member stands accused of violating that message for a second time.

Dan McLaughlin, who was elected in April to the St. Charles County Ambulance District Board, was convicted in 2002 of drunken driving. He faces a second DWI charge from 2007.

Some veteran board members are questioning whether McLaughlin should continue to serve the ambulance district, which routinely promotes sober driving and provides medical care to victims of drunken driving crashes.

Board member Mike Garman said that even though it is not illegal for McLaughlin to sit on the board, his actions are embarrassing.


"We're such a big supporter of MADD ... it's almost ironic," he said. "I just don't think a person of that character should be on the board."

McLaughlin, 36, a lawyer who lives in St. Peters, said in a statement that he regrets mistakes he has made.

"I know that at so many different levels, my actions have upset, offended and disappointed friends and others," he said. "The lessons learned have made me a better person and have been a driving force in my desire to serve the community."

His lawyer, Joel Eisenstein, described the pending charge as "a garden variety DWI."

"It's just not that big a deal," Eisenstein said.

The case has been delayed in court more than 20 times.

Eisenstein blamed the trial delays on St. Charles County circuit cases taking priority over associate circuit cases and because of conflicts with McLaughlin's and his own trial schedules.

"That's just the way the system works," Eisenstein said. "It's unfortunate that Mr. McLaughlin's case has dragged out, but it's through no reason other than it just happens from time to time."

Michael Boland, a spokesman for the Gateway Chapter of Mothers Against Drunk Driving, said he thinks it would be in the best interest of the community if McLaughlin resigned.

"Considering how very strongly MADD supports emergency medical individuals — whether they be police, fire, ambulance, they all play an integral part in saving lives — this man did not serve the public trust very well," he said.

Garman said he learned about McLaughlin's DWI charges after the election and criticized McLaughlin in a speech before he was sworn in.

Although McLaughlin's DWI is no longer a topic of discussion at board meetings, Garman and other directors say they are monitoring the case.

"If he's convicted a second time, obviously, I'm going to ask for him to step down," Garman said.

According to court documents, McLaughlin, in October 2002, pleaded guilty in Chesterfield municipal court of misdemeanor driving while intoxicated the previous June.

Then on March 16, 2007, he was arrested on suspicion of DWI after he allegedly failed to stay in his lane on Highway 40 near Winghaven Boulevard in O'Fallon, Mo.

Prosecutors said McLaughlin agreed to a breath test and registered a 0.167 percent blood alcohol content, twice the legal limit of 0.08 percent.

Since the charge was filed, McLaughlin's case has stalled in court for more than two years, records show. The case has been assigned to four judges who either recused themselves because of a potential conflict with McLaughlin's job as a lawyer, or because McLaughlin's attorney asked for a different judge. The next hearing in the case is set for Aug. 6.

State law does not prevent McLaughlin from holding public office even if he is convicted of a second misdemeanor DWI.

Officials with the Missouri Department of Revenue said McLaughlin's license was suspended for three months after his 2007 arrest, but if he is convicted, his license could be revoked for one year. In addition, McLaughlin would have to complete a second substance abuse program and buy high-risk auto insurance for two years.

Board member Vivian Kaesser said McLaughlin should be held to the same standards as the district's paramedics.

According to district policy, paramedics who lose their drivers license for reasons that would include driving drunk are suspended immediately without pay and benefits until they can get a valid license. A district spokesman said he was not aware of any paramedics who had faced DWI charges.

Kaesser said she wasn't happy about the McLaughlin situation, "but I don't know what can be done."

"Not only are we a public agency, we're also part of the medical field, and people know what drugs and alcohol can do to them," she said.

Board member Matthew Simmons has another perspective.

"Prior to joining the board, Dan made an unfortunate mistake in his private life," he said. "Dan took responsibility for his conduct and has put the matter behind him."

The other two board members, Mark Fenton and Joan Peery, declined to comment, citing the pending criminal charges.

Garman said McLaughlin's service on the board is taking the district in the wrong direction.

"I'm sure most of the public would not be very happy if they knew about the first DWI, let alone the second arrest," he said.

McLaughlin said this is the first public office he has held.

"Several people encouraged me to run for the ambulance district board because they thought I would bring a professional perspective and sense of civility to the board," he said.

Missouri Driving While Intoxicated Criminal Defense Lawyers

 Subscribe to Missouri DWI News

Bad cop Christine Miller is charged in crash deaths

Clayton, MO

Criminal charges were filed Tuesday against Sunset Hills police Officer Christine L. Miller, ending weeks of speculation about a car crash that killed four people and raised questions about whether a cop was getting a break from the justice system.

Miller faces four counts of first-`degree involuntary manslaughter and one count of second-degree assault for an early morning crash on March 21.

Her car was heading the wrong way on Dougherty Ferry Road in Des Peres when it collided with another car turning right off Des Peres Road.

About three hours after the crash, at 4:35 a.m., Miller's blood-alcohol content was still twice above the legal limit — measuring 0.169, said St. Louis County Prosecutor Robert P. McCulloch.


"This involves an individual who went way beyond the limit, and it was met with tragic results," he said.

McCulloch, who called a news conference to announce the charges, quickly faced questions about whether Miller was being treated differently because she is a police officer.

"Certainly we expect more out of" officers, McCulloch said. "But from a legal standpoint, they are not held to a higher or a lower standard. They are held to the same standard as anyone else."

McCulloch said Miller was drinking with friends that night but declined to provide details.

He described the crash, which was nearly head-on, as a "horrific collision."

"It was just an incredible impact," he said.

The charges announced Tuesday came nearly three months after the crash. The Missouri Highway Patrol, which investigated the crash, and McCulloch's office have faced criticism as weeks passed without action against Miller.

McCulloch said the Highway Patrol's report took time to put together because of reconstruction calculations and because there were no eyewitnesses.

Miller, 41, was arrested Tuesday morning at her Kirkwood home. She was then taken to St. John's Mercy Medical Center, where doctors deemed her fit for confinement, and booked into the St. Louis County Jail.

Bail was set at $200,000. But because Miller continues to have medical issues from injuries she sustained in the crash, she was outfitted with an ankle bracelet and released to home confinement, McCulloch said.

Miller can leave her house only for medical appointments. She suffered severe head injuries in the crash, the prosecutor said, but is fit to go through court proceedings.

Scott Rosenblum, Miller's attorney, said his client is able to use a walker but also needs a wheelchair. Family members are helping to care for her, and she continues to deal with head and neurological injuries, Rosenblum said.

He also said people should not jump to conclusions about his client.

"It's unfortunate that anyone would presume anything at all without knowing all of the circumstances and facts about the situation," Rosenblum said.

Miller, a Sunset Hills patrol officer with a dozen years on the force, was suspended without pay as a result of the charges, according to a statement from the department. Police Chief William LaGrand could not be reached for comment.

In the Highway Patrol's 46-page accident reconstruction report, investigators say Miller was driving the wrong way on Dougherty Ferry, but they found no evidence she was speeding.

The accident happened at about 1:45 a.m. on a clear, dry night, according to the report. Miller's silver 2001 Mitsubishi Eclipse was heading east in the westbound lanes of Dougherty Ferry. She faced a flashing yellow light. A red 1997 Honda Accord was turning right from Des Peres onto Dougherty Ferry. The Honda barely made the turn when it collided with the Eclipse, according to the report.

Four passengers in the Honda were killed: Anusha Anumolu, 23, of Charleston, Ill.; Satya Subhakar Chinta, 25, of Aurora, Ill., Anita Lakshmi Veerapaneni, 23, of Charleston, Ill.; and Priya Muppavarapu, 22, of Charleston, Ill.

The three Charleston, Ill., women were working toward master's degrees in information technology at Eastern Illinois University.

Nitesh Adusumilli, 27, of Ballwin, the driver of the Honda, was severely injured in the crash but recently returned to work.

After hearing of McCulloch's announcement, Adusumilli's attorney, Stephen Schultz, said, "Those were the charges I would have expected to be brought."

Schultz said his client does not want to talk about the criminal charges, but "I suspect there is some measure of relief now."

Suren Pathuri, president of the Telugu Association of St. Louis, said he called two of the victims' parents in India to notify them of the charges. Telugu is a language found mostly in an eastern state of India, which Adusumilli and the four victims all called home.

The parents "are really broken" by the loss of their children, Pathuri said. As time passed with no charges, many in the Telugu community here and in India became concerned that authorities "were trying to protect the officer or dilute the case," he said.

But news of the criminal charges changed that.

"We are confident in the legal system," Pathuri said. And the parents "were very happy to see justice coming their way."

 Subscribe to Missouri DWI News

Sunset Hills officer accused of killing 4 in wreck charged with involuntary manslaughter driving while intoxicated

Sunset Hills, MO

An off-duty Missouri police officer who investigators said killed four people in a drunken driving accident has been charged in their deaths.

Prosecutors said 41-year-old Christine Miller was charged Tuesday with four counts of involuntary manslaughter-driving while intoxicated.

The veteran Sunset Hills police officer is accused of driving on the wrong side of a road early March 21 and slamming into another vehicle. The four passengers in the other car were from India and died instantly.

A prosecutor said Miller's blood-alcohol level three hours after the wreck was 0.169 — more than twice the legal limit.

Miller was still being booked late Tuesday afternoon and was unavailable for comment. It wasn't clear whether she had an attorney.

 Subscribe to Missouri DWI News

Driver faces DWI charge after crashing into house

Springfield,MO

A 59-year-old rural Greene County man faces a driving-while-intoxicated charge following an accident Friday that ended with the man’s pickup crashing into a house, Springfield police said.

The man was arrested following a 2:09 p.m. collision at West Calhoun Street and North Brown Avenue that began when the driver of a Toyota Tundra did not obey a stop sign and collided with a car that was in the intersection, Springfield Police Department Lt. Roger Moore said.

The truck ran into the garage of a house at 1306 North Brown Avenue after the initial collision, he said.

Moore said it did not appear the woman driving the car tht the pickup hit was seriously injured.

 Subscribe to Missouri DWI News

Murder charge filed in DWI wreck

Kansas City, MO

A Belton man with two previous drunken-driving convictions was charged Friday with second-degree murder and DWI in a July 12 alcohol-related fatality.

Authorities say Jeffrey D. Brewer, 32, was driving a vehicle that left eastbound Interstate 470 near U.S. 71 in south Kansas City and struck a streetlight support. A passenger in the car, Katherine M. Anderson, died at the scene.

According to the complaint, Brewer, who was treated for minor injuries, tested over the legal limit for alcohol and also tested positive for marijuana.

The couple had attended a concert earlier that evening.

Court records show Brewer was convicted twice of DWI in 2002.

 Subscribe to Missouri DWI News

DWI charge against repeat offender dismissed after prosecutors fail to make their case at trial

Cape Girardeau, MO

Cape Girardeau County Circuit Judge William Syler granted a defense motion to throw out the jury trial against a Delta man for DWI today.

Dallis F. Coomer, a repeat DWI offender, was on trial for allegedly having a blood alcohol content nearly three times the legal limit while driving on Feb. 10 in Delta. At the end of court today, Coomer's defense attorney asked for and was granted a directed verdict of acquittal, which means not enough evidence was presented by the prosecution to make a reasonable judgment in the trial.

The defense for Coomer called into question the validity of a breath test adminstered to him the night he was arrested.

Coomer was arrested in his driveway on Feb. 10, 2007, after leaving a bar in Delta and being followed home by police, who say he was well over the legal limit for blood-alcohol content.

After being arrested, police say Coomer's blood alcohol content was 0.234 as measured by a breath test. The legal limit in Missouri is 0.08.

But the defense said at trial that Cape Girardeau County Deputy Verlan Graham, who arrested Coomer and adminstered the breath test, made several procedural errors that call the validity of the test into question.

Among those errors was not administering a field sobriety test, and not giving the required 15-minute observation time before giving the breath test. Police are required to observe the subject of a breath test for 15 minutes to ensure the subject hasn't smoked, chewed gum, belched or done any of a list of things that could compromise the accuracy of the result.

Graham also testified that, as he followed Coomer home after he left the Delta bar, Coomer didn't weave or cross the center line.

 Subscribe to Missouri DWI News

Prosecutors have new hurdles from Missouri DWI law changes

Benton, MO

If legislators want prosecutors to get tough on drunk drivers, they are going to have to start being a bit more careful when making and amending driving while intoxicated laws.

On March 4, the Missouri Supreme Court ruled that driving while intoxicated convictions in a municipal court with a suspended imposition of sentence can not counted when upgrading a DWI charge to a felony.

Scott County Prosecuting Attorney Paul Boyd explained that according to section 577.023 of the Missouri Revised Statutes, if someone facing a DWI charge has a prior alcohol-related conviction within the last five years, they can be charged as a prior offender with a class 1 misdemeanor. If they have three alcohol-related convictions within a lifetime, they can be charged as a persistent offender with a class D felony; those with four convictions can be charged as an aggravated offender with a class C felony; and five or more convictions means they can face class B felony charges as a chronic defender.

Due to ambiguous language in the statutes, however, the high court ruled that “we can no longer use a prior SIS on a municipal DWI conviction for enhancement purposes,” Boyd said.

While this ruling allows many repeat drunken drivers to avoid felony charges and may even result in some who were convicted with enhanced charges getting out of prison, Boyd said what has been making his job difficult when prosecuting DWIs is coming up with evidence of prior convictions. More >>

 Subscribe to Missouri DWI News

Drunk driver causes three-car accident. One driver in coma, two others arrested

Lee's Summit, MO

Alcohol was involved in a severe automobile crash early Sunday morning that left one woman with life-threatening injuries.

The accident occurred shortly after 3 a.m. on Sunday and was caused by Leslie A. Zumalt, a 31-year-old Raytown woman who was driving while intoxicated westbound on U.S. 50 in the eastbound lanes, according to police. Zumalt's 2005 Chevrolet Cobalt first hit head-on a 2002 Jeep Grand Cherokee driven by 21-year-old William L. Reifeiss, of Lee's Summit, at eastbound U.S. 50 and Third Street. The collision was not directly head-to-head, which caused the Cobalt to spin and hit a 2000 Chevy Impala driven by Tyler J. Hand, a 28-year-old Raytown man, whose passenger was 18-year-old Lisa M. Michaels of Kansas City.

Reifeiss and Hand also were allegedly intoxicated at the time of the crash and were arrested for operating a motor vehicle while intoxicated, according to police. More >>

Missouri Felony DWI Lawyers

 Subscribe to Missouri DWI News

13 arrested in DWI project

December 16, 2007 (Jackson, MO)

As part of a Missouri crackdown on people who drink and drive, area law enforcement personnel arrested 13 people late Saturday and early Sunday for allegedly driving while intoxicated.

About 25 officers from the Blue Springs, Independence and Kansas City police departments and the Jackson County Sheriff’s Department participated in the project. The statewide effort was coordinated by the Law Enforcement Traffic Safety Advisory Council and was funded by the Missouri Department of Transportation.

DUI Accident Attorneys

 Subscribe to Missouri DWI News

High school principal is charged with DWI

December 14, 2007

SALEM, Ark. -- The principal of Viola High School is charged with drunken driving.

Salem police were called to check out a car along Arkansas 9 and found it in a drug store parking lot. Officers say they asked Frederick Robinson to show his driver's license and, instead, were given a lottery ticket.

A police report says Robinson failed every DWI test and had a blood alcohol level of .29 percent, nearly four times the legal limit for drivers of .08 percent.

The school district will say only that Robinson is still employed. more >>

Missouri DUI Attorneys

 Subscribe to Missouri DWI News

Graham Charged in DWI Case

November 24, 2007 (Columbia, MO)

State Sen. Chuck Graham was charged Wednesday in Boone County Associate Circuit Court with driving while intoxicated. The charge stems from his arrest last month after an automobile accident in Columbia.

Graham, D-Columbia, was arrested Oct. 20 at West Green Meadows Road and Bethel Street after police said Graham’s Chevrolet Monte Carlo rear-ended an eastbound vehicle at a stop sign, pushing that vehicle into a third one.

Bob Murray, Graham’s attorney, has filed a motion for a change of venue, stating that the defense and Cole County Prosecuting Attorney Mark Richardson, special prosecutor in the case, have agreed to move the case to Callaway County, according to court records. Murray previously had waived formal arraignment for Graham and entered a plea of not guilty.

Driving while intoxicated is a Class B misdemeanor punishable by up to six months in jail. Richardson, Murray and Graham could not be reached for comment Wednesday afternoon.

Missouri DWI Lawyers

 Subscribe to Missouri DWI News