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.
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 York in 2007. Five states have since outlawed the practice: Virginia, North Carolina, New Hampshire, Illinois and California. They have not been frequently used in Missouri except near motorcycle rallies.
The House has also approved a separate bill repealing Missouri’s current helmet requirement for riders over 21.
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 current DWI cases across the country depends on whether it was a breathalyzer or a blood test. Defense attorneys may challenge the validity of and blood test obtained without a warrant. As there are no concrete rules to when a warrant is or is not required, this could result in quite a few trials on DWI cases.
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.
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.
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.
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.
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.
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.
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 drivers are prohibited in work zones, school zones and within 500 feet of an emergency scene. Many municipalities, including Chicago, prohibit the use of handheld devices.
The laws between these two states vary greatly. We know many in the St. Louis area travel back and forth. It is important that you know what the law is where you are to avoid a costly ticket.