Author Archives: wthornburg

Traffic and DWI news – August 19 – August 23

• 8/19/13 – Last week a Sunset Hills speed camera company conducted a study on I-70 to gather data about the feasibility of a speed camera for this stretch of the highway. The camera was posted at Jennings Station Road in the jurisdiction of Pine Lawn. This was just a test to gather data and no tickets were issued, but it appears to be laying the groundwork for speed cameras on I-70 through the travel safe zone.
• 8/20/13 – An Arnold man was arrested for a DWI yesterday in Miner, MO. His vehicle was found parked in a parking lot, but running. Police also found a large amount of narcotics in his vehicle.
• 8/20/13 – KSDK runs an article about contesting tickets in St. Ann.

Weekly Traffic and DWI news – August

1. Man was arrested for a DWI when he missed a driveway and drove into an embankment.
2. St. Louis County Police and the Missouri Highway Patrol will be conducting random sobriety checkpoints throughout August. The agencies indicate that the checkpoints will be in various  locations known for having increased occurrences of alcohol-related drivers. That would be popular short cuts and easy ways to avoid main streets.
3. Highway Patrol will also be conducting DWI saturations in St. Charles, Lincoln and Jefferson Counties during the month of August. According to reports MSHP chose these counties due to a high number of drinking related accidents.
4. Many St. Louis residents partake in the amnesty program receiving vouchers to avoid or recall warrants for unpaid tickets.
5. Missouri’s Drive Sober or Get Pulled Over campaign starts today, August 16, and goes through September 2. The statewide campaign involves DWI saturation patrols and DWI checkpoints.

Funny Arrest Videos

We’ll never post our clients’ arrest videos and we don’t condone drinking and driving. However,  these are videos that have been released to the press and we just had to share.

• Dancing Field Sobriety

Burden of persuasion is on the driver not the Director of Revenue

The Missouri Court of Appeals in the Western Division filed an opinion last week regarding the burden of proof and the burden of persuasion in a driver’s license case (Radmacher vs. DOR, WD75763).

In this case Radmacher was charged with a Class C felony of second-degree assault for operating a motor vehicle while intoxicated resulting in injury after he was involved in a single car accident and one of his passengers was ejected and injured. He pled guilty to the charge and received a suspended imposition of sentence. The Department of Revenue then disqualified his privilege to operate a commercial driver’s license due to his conviction for using a motor vehicle in commission of a felony. Pursuant to the statute, if a driver pleads guilty to a charge it counts as a conviction with regard to the privilege to drive a commercial vehicle even if sentencing is suspended.

Radmacher argued on appeal that the court erred in entering judgment for the Director of Revenue because the Director failed to meet her burdens of production and persuasion. Specifically that no contradicting evidence was presented to counter his evidence that the decision to disqualify his CDL was arbitrary and not reasonable.

Pursuant to Missouri law, the Director is only required to show that the CDL holder was “convicted” and that the conviction merited disqualification. The Court found that the Director provided records showing that Radmacher had a CDL and was convicted. These records were not contested by Radmacher. According to the court, this evidence was enough to make a prima facie showing of the statutory elements necessary and the Director satisfied her burden of production.

The Court goes on to elaborate that the burden of persuasion falls squarely on the driver. Even though the Director did not provide evidence to counter Radmacher’s claims, it did not matter as the court was not persuaded by his evidence.

The ruling was affirmed and the suspension of his license was upheld.

Weekly Traffic and DWI news – August 9, 2013

• Robert Asbridge, 19 of Belgrade, Missouri was arrested for DWI and 2nd degree assault in Washington County after a single car accident on the evening of July 31, 2013. He overcorrected his vehicle causing it to overturn.  He and his teenaged passenger were injured in the crash. Neither was wearing a seatbelt at the time.
• A New Hampshire woman was later arrested after an officer discovered she was lying about her father dying to get out of a speeding ticket.
• Missouri man was arrested for his 11th DWI. He was charged as a chronic offender.
• The Missouri Highway Patrol Troop D will be participating in the “Drive Sober Or Get Pulled Over” enforcement campaign from August 16, 2013 to September 2, 2013. There will be DWI saturations and sobriety checkpoints.
• Saturday morning at 9:15 a man fled a traffic stop and lost control of his vehicle. He was taken to the emergency room in Cape Girardeau.
• From August 16 to September 2, the Missouri Highway Patrol Troop A will be conducting DWI saturation programs in Pettis, Bates and Carroll County as part of the “Drive Sober Or Get Pulled Over” Campaign. There will also be a DWI checkpoint in conjunction with the Kansas City Police in Jackson County.
• Pot4Health a medicinal marijuana store will be opening at the old Fatted Calf in Clayton in late October.
• 8/9/13 – Thursday, August 8, 2013, at least a thousand people were on the docket in Pine Lawn for Speed Camera Tickets. Many people waited in line in excess of three hours. The court date was the deadline to pay fines before warrants were issued.

Celebrity DWI News – August

• Kurt Angle, pro wrestler, was arrested August 1, 2013 for a DWI again. This is his 4th alcohol related arrest in the last 6 years.
• DMX was pulled over early July 26, but insists the press has it wrong. It wasn’t a DWI. His publicists insists that he passed a breathalyzer and quickly released. The rapper was charged with Driving Without a License.
• Rapper Lil-Twist was arrested July 11 for DWI while driving one of Justin Bieber’s vehicles.
• Dale Earnhardt’s grandson was arrested for a DWI late Monday night.
• Nickelodeon star Cody Longo receives 3 years probation and 3 months of alcohol classes after pleading no contest to a DWI.
• 8/20/2013 – Hulk Hogan’s ex-wife pleads guilty and gets 3 years probation and 3 months of alcohol classes.
• 8/21/13 – David Cassidy was arrested on a 2nd DWI last night in upstate New York.

Municipal Judges are balking at the new $3 surcharge

On August 28, 2013, Municipal Judges in the 575 Municipal Courts throughout the state of Missouri will be required to collect an additional $3 per violator. This surcharge is expected to raise $1.5 million annually to replenish the pension fund for about 150 retired sheriffs and their spouses.

Judge David Smith for the City of Sullivan has already order his Court Administrator not to collect the charge. Frank Vatterott, a part-time Municipal Judge for the City of Overland, is preparing a legal challenge to the surcharge.  Other Judges are worried about where it will stop. They worry that the state will continued to add on more and more charges making tickets more expensive.

Missouri Attorney General Chris Koster has stated at least twice that all courts need to start collecting this fee, including municipal court.

Weekly News Summary – July 22 – July 26, 2013

• The St. Louis Metro Area is doing amnesty again for those with outstanding warrants. Those who attend will need to bring $10 to cover all warrant fees. Locations are as follows:

1. August 3, 2013 – St. Louis Community College Meramec from 7am to 7pm – for Misdemeanors
2. August 7, 2013 – St. Louis Community College Florissant from 7am to 7pm – for Misdemeanors
3. August 19, 2013 – St. Louis Community College Forest Park from 7am to 7pm – for Misdemeanors
4. For Felony warrants for child support the dates are: August 17, August 21, August 31 all at Better Family Life Cultural, Education Center.   Also from 7 a.m. to 7 p.m.

• Missouri man is suing the City of Ellisville in a class action lawsuit for a ticket he received due to warning of an upcoming speed trap.
• Municipal Courts are supposed to be collecting an additional $3 fee for those convicted of an ordinance violation (Illegal Parking, Speeding, Etc). The new fees are to replenish the pension fund for Missouri sheriffs and their spouse.
• Troop B releases results of DWI checkpoints in Ralls and Monroe Counties on July 5 and 6. They made one arrest for DWI and 3 arrest for minor criminal offenses.
• MADD takes issue with Police Chief, Jeff Fries, after witnesses identified him as a passenger in a vehicle where the driver was arrested for a DWI at a checkpoint.
• Free Saturday parking downtown ended last weekend. In the first weekend alone, 210 tickets were issued. Business think that the end to free parking will help promote turnover and help increase customer flow. If you got at parking ticket, don’t forget to pay it right away. While the fines start at $10, the amount doubles in 15 days to $20 and hits $40 after 45 days. If you get four unpaid tickets, you might be booted.
• On Wednesday July 24, 2013 a Farmington, Missouri man was arrested on suspicion of DWI after his Utility Vehicle struck a pole and overturned. The passenger was pronounced dead on the seen and the driver was seriously injured. Neither individual was wearing a safety restraint.
• 7/26/13 – Students from nine Missouri High Schools are participating in a Mock DWI crash today in Columbia, MO. This program is intended to promote safe driving in youth and deter underage drinking and drinking and driving.

Black boxes for car crashes

Everyone knows about the black box used in airplanes. The boxes are essential in investigating what actually happened after a plane crash. Lesser know is that fact that most new cars have black boxes installed by the manufacturer.

Originally introduced by General Motors in the 1990 model year, black boxes were originally used for quality studies. They are located under the central console and are about the size of 2 decks of cards. Approximately 96% of all new cars have the black boxes today. The National Highway Traffic and Safety Administration (NHTSA) would like for all vehicles to have the black boxes by September 2014.

The black boxes of today can monitor seat belt usage, speed, brake position and numerous other data. This information could be essential in determining what actually happened in a crash. However, this data could then be used against the car owner to find fault in civil actions or result in criminal charges.  Fourteen states have passes laws that allow the data to be subpoenaed by law enforcement or in civil matter.

Does your car have a black box? Check your owner’s manual. Current regulations require disclosure.