Wentzville judge charged with DWI denies Mayor's request for resignation, denies driving while intoxicated

Judge Carter knows the law and is "innocent until proven guilty" -- Kudos to Judge Carter. Stand your ground, Your Honor!

Wentzville judge facing DWI charges doesn’t plan to quit

Wentzville, MO

Wentzville Mayor Paul Lambi on Thursday asked for the resignation of Michael Carter, the city’s municipal court judge, who was elected in April.

Carter said Friday he spoke to Lambi by phone and did not give him a definite answer.

“I didn’t tell him one way or another,” Carter said. “He didn’t give me a deadline. But I’m telling you that I do not intend to step down.”

Carter called Lambi’s action a “ratcheting up of political pressure” that stems from a disagreement between the two men over how Carter runs his courtroom.

Lambi wants Carter off the bench because on Tuesday night in municipal court, Carter refused to remove himself from hearing speeding and driving-while-intoxicated cases when asked to do so by Douglas Smith, the city’s prosecuting attorney.

Carter faces the same two charges after being ticketed Dec. 6 by a Missouri state trooper at 12:57 a.m. on Interstate 70 in St. Peters. Carter has denied driving while intoxicated. The charges are pending.

Lambi said Carter’s actions on the bench are enough to warrant the judge’s resignation.

“Any reasonable individual who has been following this in our court would have to ask themselves if they could get a fair hearing,” Lambi said.

Carter was elected with 64 percent of the vote, defeating longtime incumbent Larry Nesslage.

Smith said that on Tuesday night he first asked Carter to remove himself from a DWI case and, later, to remove himself from a speeding case.

The two men conferred in chambers that night.

Carter, a 38-year-old St. Charles attorney, said the proper procedure is for a prosecutor or defendant to request a different judge within 10 days of when a charge is filed. That time frame had passed, Carter said.

In the DWI case before him Tuesday, Carter said, the defendant had asked for a two-week continuance in order to hire a lawyer.

“I never said I would not recuse myself or I would not disqualify myself,” Carter said. Instead, Carter said, he wanted to give the case a two-week continuance so, first, the defendant could get a lawyer and, second, the question of removing himself from all DWI and speeding cases could be resolved by St. Charles County Circuit Judge Jon Cunningham, the presiding judge of the 11th Judicial Circuit.

Carter said it makes little sense to remove himself from a case in which a defendant is simply asking for a continuance or, in the case of a speeding ticket, wants to plead guilty, pay a fine and leave.

“I have not gotten along with the prosecutor since the day I got there,” Carter said. “There has been a lot of acrimony.”

Smith said that after he asked Carter to remove himself from the two cases it was clear the judge was intent on hearing these types of cases. Smith dismissed those two cases, as well as six or seven other DWI or speeding cases, with the intent of re-filing them later. When he re-files them, he said, he will simultaneously ask for a different judge.

Usually, either the defendant or prosecutor may ask for and receive a different judge without having to give a reason. To disqualify a judge requires a specific reason. A recusal means the judge decided voluntarily to remove himself from the case for a reason.

“It is my personal belief that I should have never had to attempt to disqualify him,” Smith said. “He should have recused himself.”

Lambi argued that having a judge on the bench hearing DWI and speeding charges, while facing those same charges, gives the appearance of impropriety. Lambi made reference to a section of the Missouri Supreme Court’s Code of Judicial Conduct, which states, “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.”

Carter said if there’s such widespread concern over his impartiality, why is it that prosecutor Smith is the only person asking him not to hear DWI and speeding cases. Not a single defendant or defense attorney has made the request, Carter said.

For months before his arrest Carter was at odds with Lambi and Wentzville Police Chief Robert Noonan over how the judge runs his court. In their view, Carter is too lenient with defendants and does not respect city ordinances. Lambi has accused Carter of playing “Let’s Make A Deal” on court fines.

In turn, Carter has said city officials do not respect the concept of an independent judiciary and are more interested in raising revenue than justice.

Carter plans to challenge Republican Jack Banas, the St. Charles County prosecuting attorney, in the November election.

Lambi is being challenged in the April 6 mayoral election by aldermen Nick Guccione, Ward 3, and Bill Schuette, Ward 2.

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St. Charles man convicted of DWI and involuntary manslaughter sentenced to eight years in prison

Drunken driver sentenced to eight years for fatal crash in St. Charles County

St. Charles, MO

A former St. Charles County man was sentenced today to eight years in prison for a drunken driving crash that killed a Defiance woman.

Steven A. Hicks, 23, pleaded guilty in December of involuntary manslaughter and felony assault. He drove a pickup truck that collided with a car driven by Diane Fullkerson, 55, on Jan. 19, 2009.

Police said Hicks was eastbound on Highway DD when his truck veered off the road, then crossed into the path of Fulkerson’s car in the westbound lane. His blood-alcohol level was .225 percent, they said. Peter Adams, a passenger in Fulkerson’s car, was injured.

In exchange for Hicks’ guilty plea, prosecutors agreed not to argue against probation. As a result, assistant prosecutor Philip Groenweghe said little during today’s hearing.

Christopher B. Graville, Hicks’ attorney, asked Circuit Judge Ted House to send his client to a 120-day prison treatment program. If Hicks did well, Graville said, he then could be placed on probation. He said his client knew probation alone was not the right outcome for the case.

“He committed a very serious offense, and he took someone’s life,” Graville said. “He has to pay the consequences for that, and he realizes that.”

Graville said Hicks had moved to the Kansas City area, where he had started a treatment program.

But House said a report prepared by the state Division of Probation and Parole noted that Hicks had a long history of using various drugs and alcohol. He said Hicks started drinking around age 17, and, at one point had consumed 10 to 20 beers per night.

Hicks also admitted that he used marijuana before he pleaded guilty to the involuntary manslaughter charge and that he had been arrested for driving with a revoked license while he was out on bail.

“This is the description, Mr. Hicks, of somebody who should have gotten treatment before the offense occurred,” House said.

House sentenced Hicks to concurrent terms of eight years in prison for the involuntary manslaughter count and three years in prison for the assault count. State law requires that Hicks serve at least 85 percent of the sentence for manslaughter — a little more than six years and nine months.

Fulkerson’s husband Rod read a statement at the hearing. He said he met his wife in July 1966 while he worked at his uncle’s fireworks stand. She stayed with him through his service in the Army in Vietnam. They were married for 36 years, he said.

“I hope that for the rest of (Hick’s) life, he remembers what he did to Diane,” Rod Fulkerson said.

Rod Fulkerson said his wife was well-known for her outgoing personality as a waitress at Stefanina’s Pizzeria in Wentzville, a job she held for 19 years. The staff there chipped in for a bench on the restaurant’s patio in her honor.

Laurie Rhodes, a server at Stefanina’s, said the restaurant hasn’t been the same since Diane Fulkerson’s death.

“We just keep her alive by telling funny stories,” Rhodes said. “Sometimes we get sad, and sometimes we laugh. She’ll never be forgotten. We talk about her every day.”

Rhodes said customers used to come just to sit and talk with Diane Fulkerson.

“By the time they left, they felt great,” she said.

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St. Charles County testing new ankle bracelets that monitor alcohol use and house arrest

St. Charles, MO

Courts have used ankle bracelets to monitor offenders' alcohol use for a few years now, but the devices are adding a new feature — house arrest.

Judges in St. Charles County are testing a new type of bracelet that combines alcohol monitoring and house arrest for drug court participants. Often people who are in drug court, a specialized program that emphasizes alcohol and drug treatment, are sentenced to such monitoring instead of jail time.

The new device, called TAD for "transdermal alcohol detector," takes continuous readings from an offender's skin. It uploads the data to a device in the offender's home. It also tracks whether the offender is home in time for a house arrest curfew.

Associate Circuit Judge Philip Ohlms, who presides over St. Charles County's drug court, said the county is about three weeks into a trial of the new device. "We haven't had any problems so far," he said.


BI Inc., a Colorado-based company, manufactures the TAD. Monica Hook, marketing and communications director, said the company has been testing it for the past year, and it recently became available for use in limited numbers. Missouri courts are some of the first to use it.
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Community Services of Missouri, which is based in St. Peters, offers the TAD monitoring system to local courts.

Several courts in the St. Louis area have been using another device called SCRAM, or "secure, continuous, remote alcohol monitor," which is offered through Eastern Missouri Alternative Sentencing Services.

Alcohol Monitoring Systems Inc., another Colorado-based company, makes the SCRAM device, which has been available since 2003.

Kathleen Brown, a spokeswoman for Alcohol Monitoring Systems, said her company plans to debut SCRAMx, which will add house arrest, sometime in January or February.

"It really is kind of a trend to combine the two," she said.

Meanwhile, some judges hope to see other changes.

Circuit Judge Dan Pelikan of St. Charles County said one drawback to current systems is the requirement that an offender has a land telephone line.

"With cell phones, more and more people are getting rid of those as an unnecessary expense," he said.

Hook said BI has technology that allows for GPS or cellular tracking that works with the base station in an offender's home.

Brown said using cellular technology has not been cost-effective because alcohol monitoring requires a large amount of data to be uploaded.

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St. Charles County DWI saturation patrol nets 24 arrests over weekend

St. Charles, MO

St. Charles County Sheriff’s Lt. Craig McGuire called today with the results of this weekend’s DWI saturation patrol.

McGuire said 20 officers from the sheriff’s department, the Missouri Highway Patrol and the St. Peters, St. Charles, O’Fallon and Cottleville police departments worked overtime shifts patrolling the eastern half of St. Charles County between 10 p.m. Saturday and 3 a.m. Sunday. The patrol area included O’Fallon and Dardenne Prairie, McGuire said.

Officers made 24 arrests, McGuire said. Of those:

* 20 were for driving while intoxicated.
* Three were for people wanted on outstanding warrants.
* One was for minor in possession of alcohol.

Also, McGuire said, officers wrote 27 tickets for other driving violations.

Sheriff’s Cpl. Travis Jones said officers did not seek warrants to draw blood, although three motorists refused blood-alcohol tests.

Jones also updated the cost for the operation. He said his original estimate of $1,600 was only for the sheriff’s department. He said the estimated overtime cost for all officers was closer to $2,600, which will be covered by federal grant money.

Jones said the ages of people arrested — except for the minor in possession charge — ranged from 23 to 48.

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DWI checkpoint planned in St. Charles County, MO Saturday

St. Charles, MO

Fellow reporter Joel Currier tells me police are not releasing the time of day or specific location.

A “blood only, no-refusal” checkpoint means:

* A driver suspected of drinking will be asked to perform field sobriety tests.
* Drivers who fail the field sobriety tests will be asked to provide blood samples to test their blood-alcohol level. The legal limit in Missouri is 0.08 percent.
* Drivers who refuse to submit to the blood tests will have their licenses suspended immediately, and officers will seek warrants to draw blood.

Officers also will look for other violations during the checkpoint. Typically, the checkpoints are paid for through state grant money. A deputy estimated that a recent checkpoint cost $1,000 to $2,000.

Checkpoints and stepped up traffic enforcement have received a lot of attention lately, particularly when officers added the “no-refusal” tactic for the first time this year.

I spoke in May with Chris Luebbert of the Missouri Department of Transportation’s Highway Safety Division. He said MoDOT received about $6 million in federal funding this year from the National Highway Traffic Safety Administration. That money can be spent on police and prosecutor training, equipment and enforcement efforts and public education campaigns.

Not every enforcement effort involves a checkpoint or road block. For example, the Missouri Highway Patrol had 14 troopers monitoring traffic on Oct. 13 near Highway 40 and Callahan Road in St. Charles County. They stopped 65 vehicles between 6 a.m. and 2 p.m. and issued 63 summonses and 44 warnings.

Of the citations, 62 were for speeding and one was for failing to wear a seat belt.

The Highway Patrol stepped up enforcement in St. Charles County again during an overnight operation on Oct. 17 and 18. That operation resulted in 48 stopped vehicles, six DWI arrests, 11 tickets for speeding, eight tickets for driver’s license violations and five seat belt violations.

The most recent checkpoint in St. Charles County netted six arrests out of 2,020 vehicles stopped.

Both types of increased traffic enforcement have drawn critics and supporters. Some say extra patrols are more effective and don’t force drivers who are obeying traffic laws to stop. Some say the checkpoints deter drunken drivers from getting behind the wheel.

Fatalities on Missouri roads dropped below 1,000 last year, but state officials have said they want the number to drop even lower. As of Oct. 19, 679 people had died in crashes, a 10.3 percent drop compared to the same time last year. Nationally, fatalities have dropped, too, although some experts attribute the drop to sour economic times.

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DWI sobreity checkpont in St. Charles nets 8 arrets

St. Charles County

St. Charles

A no-refusal, blood-only DWI checkpoint in St. Charles County resulted in eight arrests Saturday, the St. Charles County Sheriff’s Department reported.

Lt. Craig McGuire said officers from the Sheriff’s Department and the St. Peters Police Department stopped 982 vehicles at Highway 94 and Highway D between 4 p.m. and 10 p.m. The results:

* Four arrests for Driving While Intoxicated
* Three driver’s license violations
* One arrest for failure to comply with law enforcement

Three people refused to give blood, McGuire said, so officers obtained warrants to draw blood. Sheriff’s Deputy Travis Jones said officers e-mailed the warrants to a prosecutor. The prosecutor then brought the warrant to a judge who was waiting at the Missouri Highway Patrol Headquarters to sign it.

The Eastern Missouri Police Academy, St. Charles County Department of Corrections, St. Charles County Ambulance District, and the St. Charles County Prosecuting Attorney’s Office also participated.

Jones said traffic was stopped on Highway 94 for the first half of the check point and on both highways during the second half. He said officers chose that intersection because of a number of bad crashes nearby as well as its proximity to the wineries, a couple of bars and fishing spots where people have been known to drink all day.

Jones said the checkpoint cost between $1,000 and $2,000 for overtime pay. The money came from state grants.

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DWI checkpoint in St. Charles County on Saturday night

St. Charles County, MO

Lt. Craig McGuire, of the St. Charles County Sheriff’s Department, called this afternoon with the announcement that officers will man a blood-only, no-refusal DWI checkpoint Saturday.

McGuire said officers will stop vehicles to speak with drivers. If a driver is suspected of being intoxicated, he or she will have to perform field sobriety tests.

Those who fail the sobriety tests then must submit to having their blood drawn, he said. If a driver refuses to take the blood test voluntarily, officers will seek a warrant to draw blood.

The checkpoints typically run between 10 p.m. and 3 a.m. Officers — and this case, probably a prosecutor and paramedics — are paid overtime through a grant from the state.

Similar checkpoints have drawn a great deal of commentary on StlToday.com. You can read more here, here and here.

McGuire did not know how many agencies would be participating this weekend. A quick round of phone calls to several larger departments showed that St. Peters also plans on sending officers.

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St. Charles official receives no jail time from 3rd DWI

St. Charles County, MO

A member of the St. Charles County Ambulance District Board district pleaded guilty Thursday morning of his third DWI offense in the past nine years.

Under a deal with prosecutors, Dan McLaughlin will serve no jail time. Instead, McLaughlin must perform 240 hours of community service. He also must have an ignition interlock device installed on his vehicle.

McLaughlin, 36, is a lawyer who lives in O'Fallon, Mo. He was elected to the board in April.


He was sentenced Thursday by Associate Circuit Judge Norman Steimel.

McLaughlin appeared in court with his attorney, Joel Eisenstein. McLaughlin did not make a statement to the court and he declined comment to a reporter afterward.

In addition to the community service, McLaughlin also is required to attend a victim impact panel. He also is not allowed to consume alcohol.

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St. Charles County ambulance board member's 3rd DWI renews calls for resignation

St. Charles, MO

Dan McLaughlin, a newly elected county ambulance board member, is facing renewed pressure to give up his seat after officials learned of a third drunken driving charge against him.

Veteran board member Michael Garman said Wednesday he will call for McLaughlin's resignation because of a guilty plea for impaired driving in Michigan in 1998.

Last week Garman said that McLaughlin's guilty plea in 2002 for drunken driving and a pending DWI case from 2007 were an embarrassment to an agency that regularly preaches sober driving and deals with the aftermath of those who don't heed the message.

"The third charge within a 10-year period — that's just not setting the right example," Garman said Wednesday.


Garman said he knows that legally, he can't force McLaughlin from office, but he plans to ask for McLaughlin to step down at Wednesday's board meeting.

McLaughlin, 36, a lawyer who lives in St. Peters, could not be reached for comment. His attorney on his current charge, Joel Eisenstein, said he was not aware of the Michigan case.

Eisenstein said information about McLaughlin's most recent DWI charge was known during the election, but voters still elected him.

"Mr. McLaughlin's opponents seem to carry a grudge," he said.

In the 2007 case, McLaughlin was charged after being stopped on Highway 40 in O'Fallon, Mo. His blood-alcohol content was 0.167 percent, twice the legal threshold for drunken driving.

In the Michigan case, court records obtained by the Post-Dispatch show McLaughlin was charged with drunken driving in April 1998 in Meridian, outside of Lansing. McLaughlin's license was suspended for 90 days after he pleaded guilty in July 1998 to a less serious charge of driving while impaired. The police report on his blood-alcohol level was not available Wednesday, but at the time of the arrest, Michigan's legal limit for drunken driving was 0.10 percent.

In Missouri, a two-time offender who gets a third DWI could be charged with a felony. St. Charles County Prosecutor Jack Banas said he did not know about the Michigan arrest earlier, although the prosecutor's office does routinely check for additional charges in Missouri.

Because McLaughlin got a suspended sentence in his 2002 DWI in Chesterfield municipal court, Banas says he cannot increase McLaughlin's pending charge to a felony. Felons cannot hold public office until they've completed their sentence.

After pleading guilty to misdemeanor DWI, McLaughlin completed one year of probation and the charge was removed from his public record.

The maximum sentence Banas likely would be able to seek in the current case would be six months in the county jail.

Banas expressed frustration with the more than 20 delays and four judge changes in the case, adding that "it was batted around like a football."

Some of those delays and changes occurred 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 is set for Aug. 6.

On Wednesday, Michael Boland, a spokesman for the Gateway Chapter of Mothers Against Drunk Driving, reiterated his call for McLaughlin to step down. He also criticized delays in the case and suspended sentences in DWI cases.

"The legislators as well as the judges need to clean up some of these loopholes," he said. "The only way that the American public becomes safe is that we adhere to the laws that are written, and obviously we don't."

McLaughlin was backed in the April election by several groups, including the International Association of Firefighters, Local 2665, which represents the paramedics in the St. Charles County Ambulance District. Another endorsement was given by the St. Charles County Deputy Sheriff's Association. Spokesmen for those groups could not be reached for comment Wednesday.

Two other board members are divided on whether McLaughlin should continue to serve.

Vivian Kaesser said she wants to do whatever is best for the district. "I think he needs to resign, but according to state law he doesn't have to," she said.

Mark Fenton said that until he learns of a policy that would bar McLaughlin from the board, he would "look forward to his continued service."

The other board members — Joan Peery and Matthew Simmons — could not be reached for comment.

Garman said he hadn't discussed his plans with any of the board members, but he said McLaughlin's arrests had shown a pattern of irresponsibility.

"That's not what the St. Charles County Ambulance District is about," he said.

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22 year-old St. Charles man charged with DWI, involuntary manslaughter

St. Charles, MO

A St. Charles County man was charged this afternoon with involuntary manslaughter and assault while driving while intoxicated for a head-on crash that killed a Defiance woman in January.

Steven A. Hicks, 22, of the 1400 block of Stone Creek Valley near O’Fallon, Mo., was the driver of a pickup that collided with a car driven by Diane Fulkerson, 55, on Jan. 19. Fulkerson died, and Peter Adams, a passenger in her car, was injured.

Police said Hicks was eastbound on Highway DD near Diehr Road, when his truck veered off the road, then crossed into the westbound lane in the path of Fulkerson’s car.

Police said Hicks’ blood-alcohol level was .225 percent, nearly three times the limit at which Missouri drivers are presumed drunk.

The Missouri Highway Patrol investigated the crash.

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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.

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Lake Saint Louis police to step up DWI patrols over holiday weekend

Lake St. Louis, MO

Lake Saint Louis police will increase enforcement this Fourth of July weekend when it comes to stopping impaired motorists and boaters.

"We are working with other criminal justice agencies to protect Lake Saint Louis citizens from impaired drivers," Police Chief Michael Force said in a release. "We will patrol area roadways and lakes to arrest impaired drivers and will do everything we can to see that they are prosecuted to the fullest extent of the law."

At a minimum, impaired drivers could lose their license and face high fines and court costs in addition to attorney fees, Force said. At the worst, they could go to jail for vehicular manslaughter or homicide, he added.

"Our goal is to prevent that from happening," Force said.

The Lake Saint Louis Community Association Water Patrol and the Lake Saint Louis Police Department have partnered to address the issue of intoxicated boaters on the city's lakes, Force said in a release. This partnership will place police officers alongside Water Patrol authorities to target intoxicated boaters.

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Man gets 15 years for fatal car-motorcycle crash in St. Charles County

St. Charles, MO

A former St. Charles man was sentenced Thursday to 15 years in prison for a drunken driving crash that killed a motorcyclist in 2007.

Timothy P. Walker, 32, was found guilty of involuntary manslaughter after a jury trial in May. He was driving a Corvette at speeds of up to 118 mph seconds before slamming into the back of a motorcycle driven by Donnie Gaither, 57, of St. Charles County. The crash happened about 12:30 a.m. on April 13 in a westbound lane of Interstate 70 on the Blanchette Bridge.

Authorities said Walker's blood-alcohol level was between 0.148 percent and 0.188 percent at the time of the crash, well above the 0.08 percent limit at which a Missouri driver is presumed drunk.

Circuit Judge Lucy Rauch gave Walker the maximum sentence.


Assistant prosecutor Philip Groenweghe said the justice system gave Walker several chances. Walker had been found guilty of a felony drug charge and two driving while intoxicated charges, he said. He was given probation each time.

Groenweghe asked for the maximum penalty, saying Walker should be kept away from the public for as long as possible.

"We know what this defendant can do in one single, solitary day," Groenweghe said. "He cost a man his life."

Wayne Schoeneberg, Walker's attorney, said his client spent 13 months in jail after he was charged and a month after the trial. Walker was a law-abiding family man while he was out of jail, he said, and he learned from his time behind bars.

He asked Rauch to sentence Walker to probation and treatment.

Schoeneberg said Walker felt sorry about what happened to Gaither. He was careful not to say Walker admitted guilt. At trial, Walker's main defense was that another man, Scott Fus, could have been driving the car.

Walker is engaged to a woman who is pregnant with his child. A letter she sent to the court asking for leniency said her child "will not know his father."

But Groenweghe said Gaither has a daughter, 16, who will never see her father again.

Schoeneberg said Walker planned to appeal.

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St. Charles County: Drunken driver sentenced

St. Charles, MO

A St. Charles County man was sentenced Monday to seven years in prison for a drunken driving crash, but he could be eligible for probation if he completes a treatment program.
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Matthew James Smith, 26, of the 100 block of Tee Kay Mobile Manor near O’Fallon, pleaded guilty in April of assault while driving while intoxicated.

Police said he was driving on July 22 when his truck left the road, hit a tree and rolled onto its side. Smith and a passenger were injured.

Prosecutors said Smith had a blood alcohol level of 0.225.

Smith was charged with DWI three more times after the crash. Circuit Judge Nancy Schneider sentenced Smith to seven years but could place him on probation if he completes a treatment program. His other cases are pending.

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‘Blood-only’ DWI checkpoints in St. Charles County catch 18 suspected drunken drivers

St. Charles, MO

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Eighteen drivers were arrested Saturday in two “blood-only” DWI checkpoints in St. Charles County, authorities say.

Police from several departments in the county, including St. Charles, St. Peters, O’Fallon and the sheriff’s department, ran the checkpoints from 4 to 10:30 p.m. Saturday.

One was at Highways 94 and D near Francis Howell High School; the other was at Highway DD and Interstate 64.

Overall, police checked about 3,100 vehicles at the two locations.

Police took blood from all 18 drivers arrested suspicion of driving drunk.

Five of those arrested drivers initially refused to submit to a chemical test so police obtained search warrants to take their blood.

Last month, police set up a similar “no-refusal” checkpoint along Boone’s Lick Road at Fifth Street in St. Charles, believed to be the first of its kind in the state. There, police required blood tests from drivers who refused to submit to any form of chemical test after being arrested on suspicion of DWI.

At Saturday’s checkpoints, police bypassed the breath test and opted to take blood instead.

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Light traffic through St. Charles DWI checkpoint; are checkpoints effective?

St. Charles, MO

Six drivers were arrested during last week’s much-publicized DWI checkpoint in St. Charles. That’s out of 135 total cars stopped during the 4-hour “no refusal” checkpoint on Boone’s Lick Road near Fifth Street.

Even for a weeknight in St. Charles, police said the traffic was light. Thursday nights are typically pretty busy down on Main Street. After the Post-Dispatch ran a front page story Wednesday about the checkpoint, several local TV news stations picked up the story as well.

I talked to some police Friday morning about the checkpoint; some wondered whether it had gotten too much publicity.

That begs the question of whether checkpoints are truly effective at reducing drunken driving or if they just change people’s behavior. Police say checkpoints are successful regardless of how many people they arrest, because they may prompt people to be more cautious.

Critics of checkpoints say some people who drive drunk just avoid them and aren’t likely to change their behavior in the long term.

The U.S. Supreme Court has ruled that checkpoints are constitutional, but also recommended standards and guidelines for police departments planning checkpoints so as not to infringe on individual rights.

Also, the National Highway Traffic Safety Administration provides recommendations for checkpoint procedures in a document called “The Use of Sobriety Checkpoints for Impaired Driving Enforcement.”

What do you think? Are checkpoints a good use of time and money? Or are they stop drivers unnecessarily and without reasonable suspicion?

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Digg Yahoo! Del.icio.us Facebook Reddit Drudge Google Fark logo Fark Stumble It! Six arrested for DWI at St. Charles 'no refusal' checkpoint

St. Charles, MO

Six people were arrested on suspicion of driving while intoxicated overnight at a St. Charles "no refusal" checkpoint, police said.


Only one of those six refused a breath test, prompting officers to seek a warrant for a blood sample, said Lt. Craig McGuire of the St. Charles County Sheriff's Department. Officers from several local departments stopped 135 cars on Boone's Lick Road just east of Fifth Street, he said. The intersection is near Ameristar Casino and the town's Historic Main Street.

McGuire said officers found one other violation. One of the drivers arrested on suspicion of DWI also had some marijuana and drug paraphernalia, he said.
bullet Earlier story: St. Charles police will go for blood tests on DWI suspects


The checkpoint drew attention because of the blood test warrants. Police said the warrants were a tool in the fight against drunk driving. Others questioned the impact of such checkpoints on civil liberties.

McGuire said the combination of the checkpoint occurring on Thursday night and greater publicity might have led to fewer motorists passing through it.

Under implied consent laws, drivers in Missouri and Illinois can lose their licenses for a period of time for refusing to submit to testing of their blood-alcohol content. Police can seek warrants to draw a driver's blood, but that typically has not been done at checkpoints.

St. Charles' "no refusal" checkpoint was not the first in the area.

Police in Illinois conducted a "no refusal" checkpoint last week at Broadway and Third Street in East St. Louis. One driver refused a breath test. A judge signed a warrant, and the driver was taken to a hospital for a blood test.

The East St. Louis checkpoint also resulted in:

-- Seven arrests for driving under the influence;

--54 possession or transportation of open alcohol violations or minor in possession by consumption violations;

--43 arrests on warrants;

--42 citations for driving without insurance

--39 tickets for driving while the driver's license was suspended or revoked;

--12 seat belt violations;

--Four drug arrests;

--Two unlawful use of a weapon arrests;

--Two child restraint violations

--One obstructing justice arrest

Two weapons also were seized during the Illinois checkpoint. Authorities described them as a pistol and an "illegal assault rifle."

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