Foley Municipal Court
Located in Lincoln County, 45th Judicial Circuit
P.O. Box 81
Foley, MO 63347
(636) 662-2557
(636) 662-2067 (facsimile)
Steven Hillemann, Municipal Judge
Sylvia Fae Collier, Court Clerk
Vandalia Municipal Court
located in Audrain County, 12th Judicial Circuit
200 E. Park Street
Vandalia, MO 63382
(573) 594-6186
(573) 594-3103 (facsimile)
Terry L. Witte, Municipal Judge
Denise C. Laird, Court Clerk
Hours: 8:00 – 5:00
Court is held on the 3rd Tuesday of the Month
The Missouri Court of Appeals recently handed down a decision in State of Missouri vs Jackson SD32201. In this case, the driver filed a Motion to Suppress the officer’s observations for lack of probable cause. The officer observed Jackson stop abruptly then drive around the block without headlights. When the officer stopped defendant, he was already out of the vehicle and heading to the house he originally stopped at. The defendant argued that this indicated he was not engaged in suspicious activity and therefore the officer had no reason to detain him.
The Court reasoned that an officer has probable cause to pull someone over for a violation of State Law (the headlight statutes are below). In this case, defendant was violating State Law by driving without headlights more than a half hour after sunset. The Court further reasoned that once an officer has contact with an individual and observes intoxicated behavior, s/he is justified in expanding the reason for his stop.
Section 307.040:
1. No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this chapter required. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.
Section 307.020(9):
“When lighted lamps are required” means at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead. Lighted lamps shall also be required any time the weather conditions require usage of the motor vehicle’s windshield wipers to operate the vehicle in a careful and prudent manner as defined in section 304.012. The provisions of this section shall be interpreted to require lighted lamps during periods of fog even if usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.
The City of Manchester in West St. Louis County has joined Florissant in North County banning texting for drivers of all ages. Under Missouri state law, it is only illegal to text and drive if you are under the age of 21.
Manchester’s new ordinance outlaws using a hand-held device to send, read or write a text while driving. Fines may be up to $1000. The ordinance also permits up to 90 days in jail.
On Tuesday December 17, 2013, the Missouri Court of Appeals in the Eastern District struck down the City of Arnold’s red light camera ordinance as being unconstitutional and contrary to state law.
Arnold was the first Missouri city to pass an ordinance for red light cameras and had them installed by American Traffic Solutions in 2006. The ordinance presumes the car’s owner is behind the wheel and the fines run about $94.50 with no points on the owner’s driver’s license. American Traffic Solutions receives approximately one-third of the fines collected.
St. Louis City will be holding a press conference on Monday December 30, 2013 to announce that it is becoming a “No Refusal Zone.”
This means if you are pulled over for a DWI and refuse the breath test, you will likely be required to take a blood test. Due to recent US Supreme Court decision, this will require a warrant each and every time a suspect refuses a breath test in order to obtain a blood test. These warrants are required to comply with 4th amendment protections against unlawful search and seizure.
A Juvenile Judge in Texas recently issued sentencing on a 16 year old Texas boy that killed four people and seriously injured two others in a automobile accident involving alcohol. On June 15, the teenager was driving a Ford F-350 with 7 passengers. He stuck and killed four pedestrians, three of which had stopped in aid of the fourth stranded motorist. Two passengers from the bed of the truck were ejected from the vehicle and severely injured. One has a brain injury and cannot move or talk. The other suffered internal injuries and broken bones. The evidence indicated that the teens had stolen beer from Wal-Mart earlier in then evening. The driver’s BAC was .24 and he had taken valium.
The defense attorneys presented a defense of “Affluenza.” A defense expert testified that the teen was a victim of his wealthy parents as those parents never set limits, taught him right from wrong, and gave him everything that he wanted. According to the psychologist, the teen could turn his life around if he had no contact with his parents for a few years. The Prosecuting Attorney had requested the maximum of twenty years in prison. The judge sided with defense experts and sentenced the teen to ten years probation. A violation of this probation could result in up to ten years in prison. The judge further would not release the teen to his parents and was looking for a treatment program for him.
Five families have filed civil lawsuits against the teen and his parents for the injuries and deaths from this accident with one family asking for $20 million in damages.
A Kentucky woman made several trips from her home to New Jersey to fight a traffic ticket. Lynda Farley of Edmonton, KY felt the obstructed view ticket she received in Warren County New Jersey was incorrect. Ms. Farley’s vehicle was decorated with political stickers and flowers around her windshield. The officer indicated that the decorations impeded her ability to see the road. Superior Court Judge, Ann Bartlett, dismissed the case as the New Jersey statute only requires drivers to see through their front and side windows. The fine would have been $56.00.