Tag Archives: traffic attorney Missouri

MO law expands drug treatment court to more of the state

A bill that expands the reach of drug treatment courts in the state of Missouri recently was passed in the State General Assembly. Now those who suffer from substance abuse will have more options.

The bill was passed by the lawmakers and signed by the governor. It consolidates Missouri’s treatment courts – adult treatment court, DWI court, family treatment court, juvenile treatment court, and veterans treatment court. It also updates state statute to reflect the reality of the treatment court system today.

One important part of the bill is that it expands treatment courts to counties that don’t have them because of the cost to operate them. Now, a person in a county that does not have treatment court can be transferred to a court that offers treatment court as long as all parties agree to the transfer. The bill also sets standards of best practices for treatment courts throughout the state.

Advocates of the program emphasize that this is not a “get out of jail free card” program. The treatment program generally takes two years and requirements participants to meet plenty of requirements, such as obtaining employment or completing an education, staying clean with frequent random drug testing, and attending treatment meetings.

The governor also signed legislation that helps encourage students to pursue career paths in science, technology, engineering, and mathematics (STEM) fields. Another bill also passed sets out to bring more awareness to domestic violence, and will allow victims of domestic violence, sexual assault, rape, human trafficking or stalking to better keep their personal addresses confidential from the public’s access. The state’s office will provide a designated substitute address for survivors to use when creating new public records, as well as the option to securely forward mail to their confidential addresses. The hope is that this will keep survivors’ confidential addresses out of the hands of their assailants.

All in all, the recent General Assembly passed several helpful laws that will help those in need.

Des Peres Municipal Court

Des Peres Municipal Court Traffic Attorneys
Des Peres, MO Traffic Court
Des Peres Traffic Lawyers

Did you get a ticket in Des Peres, Missouri?

Des Peres issued 381 tickets in 2017.
Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Des Peres traffic lawyers can handle it where “no points” is the goal.
Des Peres Speeding Ticket Traffic Law Defense

This page contains Court information and links for Des Peres, Missouri.

Des Peres Municipal Court
12325 Manchester Rd
Des Peres, MO 63131

Phone: 314-835-6119

City of Des Peres, MO website. Check the website to find a list of fines.

Presiding Judge
Charles H. Billings

Court Administrator
Amie Clemonds

Court Hours
Monday-Friday
8:00am – 4:00pm

Berkeley Municipal Court

Berkeley Municipal Court Traffic Attorneys
Berkeley, MO Traffic Court
Berkeley Traffic Lawyers

Did you get a ticket in Berkeley, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Berkeley traffic lawyers can handle it where “no points” is the goal.
Berkeley Speeding Ticket Traffic Law Defense
The Berkeley Municipal Court issued 275 tickets in 2017. Did you receive a Speeding ticket in Berkeley?

This page contains Court information and links for Berkeley, Missouri.

Berkeley Municipal Court
8425 Airport Rd.
Berkeley, MO 134

Phone: 314-400-3700
Fax: 314-264-2075

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

Presiding Judge
Hon. Jennifer Fisher

Court Administrator
April Walton

Court Hours
Monday-Friday
8:30am – 5:00pm

Wellston Municipal Court

Wellston Municipal Court Traffic Attorneys
Wellston, MO Traffic Court
Wellston Traffic Lawyers

Did you get a ticket in Wellston, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Wellston traffic lawyers can handle it where “no points” is the goal.
Wellston Speeding Ticket Traffic Law Defense
Did you receive a Speeding ticket in Wellston?

This page contains Court information and links for Wellston, Missouri.

Wellston Municipal Court
1414 Evergreen Ave
St. Louis, MO 63133

 

Phone: 314-553-8002

 

Court Administrator

Imogene Dooley

 

Click here to pay your fine online

 

Wildwood Municipal Court

Wildwood Municipal Court Traffic Attorneys
Wildwood, MO Traffic Court
Wildwood Traffic Lawyers

Did you get a ticket in Wildwood, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Wildwood traffic lawyers can handle it where “no points” is the goal.
Wildwood Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Wildwood?

This page contains Court information and links for Wildwood, Missouri.

Wildwood Municipal Court
16860 Main St.
Wildwood, MO 63040

Phone: 636-458-8277
Fax: 636-458-6969

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

Presiding Judge
Rick Brunk

Provisional Judge
Donald Heck

Prosecuting Attorney
Molly Proost

Court Administrator
Patti Reust

Court Hours
Monday-Friday
8:30am – 4:30pm

Winchester Municipal Court

Winchester Municipal Court Traffic Attorneys
Winchester, MO Traffic Court
Winchester Traffic Lawyers

Did you get a ticket in Winchester, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Winchester traffic lawyers can handle it where “no points” is the goal.
Winchester Speeding Ticket Traffic Law Defense
Did you receive a Speeding ticket in Winchester?

This page contains Court information and links for Winchester, Missouri.

Winchester Municipal Court
109 Lindy Blvd
Winchester, MO 63134

Phone: 636-391-0600
Fax: 636-391-6365

City of Winchester, MO website. Check the website to find a list of fines and court procedures.

Court Administrator
Diane Tomlin-Bledsoe
dtbledsoe@city.winchester.mo.us

Court Hours
Monday-Friday
9:00am – 4:00pm

The City of Winchester Municipal court convenes at 7 PM on the first Wednesday each month at Winchester City Hall, 109 Lindy Boulevard, Winchester, MO 63021.

This Court does not settle questions of civil money claims between private citizens.
All person entering the court and their possessions are subject to search by security personnel. No weapons of any kind. No knives of any kind, shape or size.

When you arrive at court, proceed into the courtroom and have a seat. When your name is called you may proceed forward to the Court Bailiff.

While In The Courtroom, You Are Expected To:
Dress appropriately.
Remain seated until your case is called.
Not smoke or consume food or drink.
Not talk or make noise.
Not sleep or otherwise disrupt the court proceedings.
Remove all hats.
To view your case on line, go to: https://www.municourt.net/
To make a payment go to https://www.ipaycourt.com/Winchester

Webster Groves Municipal Court

Webster Groves Municipal Court Traffic Attorneys
Webster Groves, MO Traffic Court
Webster Groves Traffic Lawyers

Did you get a ticket in Webster Groves, Missouri?

In 2017, Webster Groves Municipal Court issued 5,156 tickets.
Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Webster Groves traffic lawyers can handle it where “no points” is the goal.

Webster Groves Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Webster Groves?
Our Webster Groves traffic lawyers handle speeding ticket defense, where “no points” is the goal.
Let our Webster Groves traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Webster Groves, Missouri.

Webster Groves Municipal Court
#4 E. Lockwood
Webster Groves, MO 63119

Phone: 314-963-5416
Fax: 314-963-7561

City of Webster Groves, MO website.

Presiding Judge
Hon. James Whitney
Prosecuting Attorney
Jennifer Deschamp

Court Hours
Monday-Friday
8:00am – 5:00pm
Municipal Court is generally conducted on the 2nd and 4th Wednesdays of the month at 5:30 pm in the City Council Chambers at City Hall, #4 East Lockwood, Webster Groves, Missouri, 63119.

For security purposes, those attending Court must enter through the front doors. If you require use of the accessible entrance, have someone in your party contact the officer stationed at the front door or use the call button on the east side of the building at the Police Department entrance. Americans with Disabilities Act Notice

Blood shot eyes, alcohol breath not enough for intoxication

A Missouri Western District appellate court recently ruled in favor of a driver charged with a DWI. Basically it said law enforcement use of evidence of the smell of intoxicants from Defendant’s breath and observing the driver’s bloodshot eyes was insufficient in of itself to show intoxication.

In this case, Defendant was pulled over by a state trooper for expired tags, not because of erratic driving. Defendant refused to blow. Defendant is appealing the circuit court’s judgment affirming the Director of Revenue’s decision to revoke his driving privilege for one year for refusing to take a chemical test pursuant to Section 302.574.

The defendant contends that the circuit court’s finding that there were reasonable grounds to believe the defendant was driving a motor vehicle in an intoxicated or drugged condition was not supported by substantial evidence.

The appellate court said that after reviewing the record, there was no indicia of intoxication present at the time of Defendant’s arrest to support a finding of probable cause for that arrest. Trooper testified at trial that he was concerned that Defendant was intoxicated due to “the odor of intoxicants and then the bloodshot eyes and he admitted to drinking prior to the stop.” The Trooper testified that “I believed that he was under the influence, too impaired to drive.” However, he also testified that the only evidence of impairment was the smell of alcohol and Defendant’s bloodshot eyes. Defendant told Trooper that his bloodshot eyes were due to being tired. Although Defendant had admitted to drinking, his reported last drink was fifteen hours prior to the stop.

The State Trooper’s following testimony of what he observed failed to establish intoxication:
• Observed no other evidence of intoxication from Rocha’s eyes; he observed no glassy eyes, staring eyes, constricted pupils, slow reaction to light, dilated pupils, or anything else that Cool was trained to look for as evidence of intoxication.
• Observed no gross motor movements that would suggest impairment.
• Observed no signs of uncertain balance, swaying, staggering, stumbling, or falling.
• Trooper followed Defendant for almost two miles before stopping Defendant, and during that time he observed nothing about Defendant’s driving that would indicate impairment.
• Observed that when Trooper’s emergency lights went on, Defendant stopped almost immediately.
• Observed no verbal indicators of impairment such as slurred speech, confusion, incoherency, stuttering, or mumbling.
• Observed nothing about Rocha’s clothing or footwear indicated impairment, and Rocha exhibited no unusual behaviors.
• Observed that Defendant recited the alphabet correctly.

The appellate court reversed the lower court and remanded the case. The case was Carlos Rocha v. Department of Revenue. The case was heard before Division Four Judges: Judge Mark D. Pfeiffer; Presiding Judge, Gary D. Witt; and Judge, Anthony Rex Gabbert.

Safety reasons can be probable cause for a stop

In a recent appellate court decision, the court found a police officer had enough reasonable suspicion to pull over the defendant because of the totality of the circumstances he observed. Specifically, the need for medical attention as the reason for a traffic stop.

In this case, the officer observed Defendant enter his vehicle and vomit out the driver’s side window, which would have given the officer grounds to investigate whether Defendant needed medical attention. Defendant drove away immediately, and the officer then observed Defendant drive over a curb, and then take actions in what the officer suspected was an attempt to evade law enforcement.

Under the Fourth Amendment, an officer may approach a vehicle for safety reasons or to assist a motorist, or if the officer has reasonable suspicion of criminal activity, so long as in either case the officer can point to reasonable, articulable facts upon which to base his or her actions. Based on the totality of circumstances of the officer’s observations, there was reasonable suspicion to justify the officer’s traffic stop of the defendant, due to the officer’s function as a caretaker.

David R. Galen (Defendant) had appealed the trial court’s judgment entered upon his conviction for driving while intoxicated (DWI). He argued the trial court erred in overruling his motion to suppress and admitting evidence obtained after a traffic stop because the officer lacked probable cause or reasonable suspicion to conduct the stop. The Appellate court affirmed the Warren County trial court decision.

The case was State of Missouri v. David R. Galen. The opinion was by Judge Gary M. Gaertner, Jr., with judges J.Kurt, S. Odenwald, and Colleen Dolan, concurring.

Attorneys for Appellant were Robert A. Murray, Stephen P. Wilson, and attorneys for Respondent included Joshua D. Hawley and Shaun J. Mackelprang.

Out-of-state DWI’s can be used to elevate a DWI to a felony

Interesting case here from the Missouri Court of Appeals, Southern District. It is a good example of how the court analyzes out of state DWI related convictions to determine whether they are the equivalent of a Missouri DWI conviction. This is important when it comes to using the out of state DWI convictions to charge an individual with a higher charge under the Chronic Offender statute.

In Missouri, four prior of intoxication-related traffic offenses (“IRTOs”) means the state can charge you with chronic offender status, thereby making it a felony a Class B felony.

The Prosecution admitted evidence of six previous occasions of IRTOs from Arkansas. Defendant appeals the admission of four of these previous IRTOs.

The court found two of the underlying charges to be distinguishable from the ruling in the case of State v. Coday, 496 S.W.3d 572 (Mo. App. 2016), which did not find IRTO convictions in Kansas, because they failed to meet Missouri’s evidentiary standards for a DWI. Kansas Law punishes persons operating or attempting to operate a motor vehicle while intoxicated. In order to use an IRTO out of Kansas, there must be evidence that the individual was convicted of operating a motor vehicle as required for a Missouri DWI.

In this case, two of the underlying charges were municipal ordinance violations. The record did not provide the wording of these municipal ordinance. The court held: “Moreover, “a judgment that, on its face, shows a guilty plea or a finding of guilt of an [IRTO] can be treated as a prior conviction for purposes of enhancement under § 577.023.” Craig, 287 S.W.3d at 681–82 . . . Stated another way, we cannot say here that it was unreasonable for the trial court to infer that a conviction for “driving while intoxicated” was a conviction for driving while intoxicated.”

While, two of the proffered charges may have been thrown out following the ruling in Coday as the statute provided for operate or be in physical control. The court already had 4 prior IRTOs so it declined to make a decision.

Bottom line, if you have previous DWIs in another state, make sure you present the wording of the statute or ordinance in order to exclude the IRTOs as not complying with Missouri Law.