Tag Archives: Missouri traffic attorneys

New St. Louis Prosecutor makes changes in policy

St. Louis County Prosecutor Wesley Bell took office at the beginning of the year. The County will no longer prosecute marijuana possession cases of fewer than 100 grams. Prosecution of more than 100 grams will be pursued only if evidence suggests the sale or distribution of marijuana. In comparison, the City of St. Louis announced in June that possession of fewer than 100 grams would not be prosecuted unless there are aggravating circumstances.

The County will no longer prosecute people who fail to pay child support.  However, current cases will not be dropped. Those cases will be placed on hold. The idea is to not revoke probation purely upon the failure to pay child support. Similarly, the County will not press charges against those who do not pay restitution unless there is a court order that establishes a person’s “willful nonpayment” of child support. 

The County will no longer be requesting cash bail on misdemeanor cases. And instead of warrants for Class D and E felony cases, the County will now issue a summons. 

The County also will not seek to “overcharge” defendants “to pressure the accused to admit guilt.” Prosecutors are barred from adding more counts to increase the range of punishment or threatening to route cases back to a grand jury if a defendant has exercised his or her pretrial constitutional rights.

We shall soon start to see what the impact will be, positive or negative, upon the people in the St. Louis County region. 

Audit of Lewis County questions prosecutor and sheriff policies

A recent audit of Lewis County addressed some irregularities in the prosecutor’s office there.

According to an audit report of Lewis County released last Friday by Missouri State Auditor Nicole Galloway, several recommendations were made for the Prosecuting Attorney, Sherriff, Public Administrator, and others.  The overall rating given the County was “fair.”

One recommendation was a need for accounting controls and procedures for the Prosecuting Attorney’s Office when it comes to their policies for amending traffic tickets.  Prosecutors are allowed to amend charges to if the person is willing to perform community service or make a contribution to a not-for-profit organization.  For example, in 2017, some 400 traffic tickets were amended to less severe or non-moving violations.  From those tickets, some $52,000 was given to not-for-profits, which included more than $44,000 given to a not-for-profit founded by the Prosecuting Attorney.

The audit indicated that Missouri’s constitution only allows proceeds of all penalties, fines and forfeitures to be given to the County School Fund.  Apparently this practice of requiring contributions to amend tickets has since stopped.

As to the Sherriff’s Department, the audit found that it had deposited $132,500 for bonds into the office’s fee bank account. However, it found insufficient controls and procedures related to recording the bond money and certain aspects surrounding receipts.  The same condition was noted back in the 2015 audit.

The auditor’s report noted that since the previous audit in 2015, some improvements had been made while others continued to persist.

Complete copy of the audit report

MO Supreme Court hears case challenging DWI conviction

An interesting case was just heard before the Missouri Supreme Court that challenges a defendant’s drunk driving conviction.

The defendant’s attorneys argued before the seven judge panel that his breathalyzer results should not be admitted and that certain notices send out when a driver’s license is suspended are actually a violation of due process.

The defendant was arrested for suspicion of driving while intoxicated.  While at the police station, an officer asked him to submit to a breath test. The defendant initially declined.  Then he was told his license would be automatically revoked for one year for refusing the test. He also spoke to his attorney.  He then consented to the test, which showed his blood alcohol content was 0.087, which exceeded the legal limit. The officer gave him a notice of suspension and took his driving license.

The defendant asked for an administrative hearing, which ended up upholding his suspension.

His argument against the admissibility of the breath test and his claim of being denied due process was then rejected by the circuit court in Franklin County in March 2018.

The defendant argues that his breath test should be inadmissible for these reasons:

1) The police failed to file a report on a maintenance check of the breath analyzer used in his breath test with the Department of Health and Senior Services within 15 days as required.

2) Missouri’s Implied Consent Warning issued to him by an officer before the breath test is a violation of due process because it specified consequences if he declined to take the test but failed to inform him of the consequences if he submitted to it.

Few people but for law enforcement and lawyers know that drivers who decline the test have their licenses immediately revoked for a year.  However, few, if any, drivers understand the consequences of a refusal if the driver does not understand the consequences of submitting to the test.

3) And, that he was misled when the officer issued him a Notice of because it only states that the driving privilege is being suspended due to an arrest on probable cause for driving while intoxicated.  The defendant says the notice fails to inform about the other requirements for a suspension that include that the driver actually had a blood alcohol content of greater than 0.08 and was actually driving.

It will be interesting to see if these arguments can stick, and get the defendant’s conviction reversed and the case sent back to the trial court. We should know soon when the Supreme court rules.  Keep it posted here and we will let you know how it turns out. fffffffffffffff

St. Peters Municipal Court

St. Peters Municipal Court Traffic Attorneys
St. Peters, MO Traffic Court
St. Peters Traffic Lawyers

Did you get a ticket in St. Peters, Missouri?

St. Peters issued 4,316 tickets in 2017.

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our St. Peters traffic lawyers can handle it where “no points” is the goal.

St. Peters Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in St. Peters?

This page contains Court information and links for St. Peters, Missouri.

St. Peters Municipal Court
1020 Grand Teton Dr.
St. Peters, MO 63376

Phone: 636-279-8280
Fax: 636-928-4482

City of St. Peters, MO website. Check the website to find a list of fines.

Presiding Judge
Donald Kohl

Court Hours
Monday-Friday
8:30 am – 5:00 pm
Court days 8:30 am – 4:00 pm. Court reopens at 5:30pm