Last week the National Transit Safety Board (NTSB) recommended lowering the legal limit for drunken driving from .08 to .05. According to NTSB, more than 100 other countries have reduced the limit to .05. They reported that this reduction has lowered traffic deaths attributable to drunken driving by more than half within 10 years.

For the average individual .05 would be no more than one or two drinks.

“Our goal is to get zero related deaths because each alcohol-impaired death is preventable,” stated NTSB Chairman Deborah Hersman.

An official with the Governers Highway Safety Association feels that it will be difficult to get states to lower the threshold. Further MADD nd AAA declined to endorse NTSB’s suggestion. The National Highway Traffic Safety Administration also did not endorse the suggestion.

NTSB also made several other recommendations including more frequent used of Ignition Interlock Devices (IID) for those convicted. 17 states require … Read the rest

Mayor Francis Slay signed into law a bill which allows St. Louis City Police Officers the ability to issue marijuana cases to municipal court.

Currently, under state law, a first time offense for under 35 grams is a Class A misdemeanor, punishable by up to a year in jail and a $1000 fine. This new law makes the offense a criminal infraction under the municipal code. The new penalty under the city ordinance would be a fine of $100-$500.

The law will go into effect on June 1, 2013.… Read the rest

Catholic Bishop Robert J. McManus was arrested in early May for Driving Under the Influence of Alcohol in Narraganset, Rhode Island. Police indicate that McManus was involved in an accident with another motorist and drove off. The other driver followed him and called the police. McManus was arrested approximately 2 miles from the accident.

In a statement McManus said, ‘”I made a terrible error in judgment by driving after having consumed alcohol with dinner. There is no excuse for the mistake I made, only a commitment to make amends and accept the consequences of my actions.”

McManus received charges for drunken driving, leaving the scene of an accident and resisting arrest.… Read the rest

Illinois woman, Erin James, was arrested last week. The officer initially pulled her over for speeding. The officer ended up arresting Ms. James for a DUI. She blew a .155.

Ms. James told officers that she had been out celebrating getting her license back after a 2012 DUI conviction. The reports indicate that purposely drove someone else’s car to avoid the ignition interlock device on her vehicle.… Read the rest

Missouri legislature is currently considering a new bill that would withhold federal funds and grants to municipalities that engage in motorcycle only checkpoints. These checkpoints focus only on individuals on motorcycles and their passengers.

In support of his bill banning officers from stopping all motorcycles. Senator Kurt Schaefer states:
“They say they’re safety checkpoints but then they run full warrant searches and everything else on everyone they stop.”  He indicates that these stops are a form of profiling and should be eliminated.

The House has approved a version of the bill as has the Senate. However, the same measure must pass both houses in order to become law. The Missouri State Highway Patrol and Governer Jay Nixon have remained silent on this bill.  Each version of the bill prohibits checkpoints based on vehicle type. However, they do exempt measures aimed at commercial vehicles.

Motorcycle only checkpoints first appeared in New … Read the rest

In April the United States Supreme Court handed down a 5-4 decision holding: In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.

This case resulted in four separate opinions. The concurring and dissenting opinions focused on the loss of evidence due to the alcohol in the bloodstream being absorbed in the time that it takes a warrant. However, concurring and dissenting opinions provide guidelines and not law.

This holding doesn’t set forth any standards. Every case will be judged by its own facts and a warrant blood draw could be cause for dismissal depending on those facts. The majority opinion written by Judge Sotomayor stressed that getting a warrant should be the default protocol in drunk-driving cases where officers decide to have a blood test made.

What this means for … Read the rest

A 23 year old St. Charles woman was charged as a persistent offender a Class D felony resulting from a DWI arrest in Town & Country on August 26, 2012. According to reports, she was convicted of a DWI in 2009 and 2011. Her BAC was .159.… Read the rest

While it isn’t happening in the St. Louis area, it is important to note that some municipalities are experimenting with fake speed cameras. The City of Laurel in Maryland has recently purchased “decoy” boxes that do not contain cameras. The city incorporated the “decoy” boxes in with the existing speed cameras with the hope that the mere presence of the box with encourage drivers to slow down. The police pull the cameras nightly and then instruct the vendor where to place the cameras the following day changing the location of the decoy boxes. Other nearby municipalities are contemplating whether to use this system.… Read the rest

On June 1, 2013, a new law will go in effect in St. Louis City allowing Police Officers to charge individuals with 35 grams or less of marijuana with a municipal ordinance violation instead of it being a criminal infraction. Under the current laws in effect, a first offense is Class A misdemeanor, punishable by a $1000 fine and 1 year in jail. The new penalty will be a fine of $100-$500 and up to 90 days in jail. Instead of being handcuffed and arrested, violators will likely get a summons to appear in municipal court.

For more information you can read this article in the St. Louis Post Dispatch.… Read the rest

Kirkwood woman, Emily Hagan, received three years in prison resulting from an accident last year in University City. Hagan rear-ended cyclist, Samuel Scott on Delmar around 11:20 in the evening. Scott later died at Barnes-Jewish Hospital. According to reports, Hagan’s blood alcohol content was 0.262. This sentencing is the result of a plea agreement between Prosecutors and Hagan’s defense attorney. Pursuant to the sentencing, the charge was lowered from a Class B felony to a Class C felony. Hagan will be eligible for parole in one year.

 … Read the rest

Rams Cornerback Trumaine Johnson was arrested in Missoula, Montana on a misdemeanor DWI charge. Johnson was pullled  over because his headlights were not one. He refused the breath test. Johnson was drafted by the Rams in 2012. The Rams are currently investigating the matter and have no comment at this time.

 … Read the rest

Driver charged and arrested for 2nd Degree Assault resulting from an accident in Bridgeton from November 27. Police investigation shows that the man ran a red light and struck another driver causing multiple injuries including a broken collarbone. The driver has posted a bond and has been released. 2nd Degree Assault is a Class C felony punishable up to 7 years in prison.

Read the full article here.

 … Read the rest

Missouri has few laws on distracted driving. There is a ban on texting, however this ban only applies to motor vehicle operators that are under the age of 21. This law became effective in 2009. Pursuant to recent report from the Columbia Missourian, very few drivers have been issued tickets for violation of this statute. It is important to note that currently, Missouri has no ban on handheld devices for phone calls. In fact, the statute specifically states that it is not meant to prevent drivers from answering phone calls in the car whether it is on a handheld device or not.

Neighboring state Illinois, has much stricter laws regarding distracted driving with stricter laws recently passing the House on March 1. Currently, all drivers are prohibited from texting/emailing while driving. Drivers under 18 are prohibited from any type of using any type of wireless device and all … Read the rest

In July of 2012, Stephen Labruyere was in custody after police say he provided vodka to a neighbor teen approximately 16 years old that nearly died of alcohol poisoning after being sent by ambulance to the hospital. The boy had a BAC of approximately .349 percent. Original story available here.

He was charged with of Endangering the Welfare of a Child in the 1st Degree in violation of Missouri Statute 568.050. In Missouri, this is a Class C Felony. The punishment for a Class C felony is a maximum of 7 years in prison, a fine of up to $5,000.00, a term of 1 year in the county jail, or any combination of fine and imprisonment.

In February, Mr. Labruyer plead guilty to the charges and received a Suspended Execution of Sentence and probation. Under a Suspended Execution of Sentence, Mr. Labruyer will have a felony on his … Read the rest

In Missouri there in no constitutional right under Missouri Implied Consent law to speak with an attorney, but there is a limited right to seek the advice of an attorney. If you request to speak with an attorney, the officer is required to give you 20 minutes within which to contact one. This applies either before or after you are given the Implied Consent Warning. If you are not given 20 minutes without abandoning your search, the breath or blood results are inadmissible.

The Western District recently handed down an opinion regarding this issue in Sless Shaleen Riley vs. Director of Revenue, WD73956. In Riley vs. DOR, Riley requested to speak with an attorney several times but did not reaffirm her request after the Implied Consent Warning was read to her. The officer did not permit her to consult with an attorney and had her blood tested for alcohol.  The … Read the rest