MO DWI Laws

Missouri Supreme Court Ruling Impacts DWI Offenders

Conflicting clauses in law could lead to reduction in charges for drunk driving in Missouri.

The Missouri Supreme Court has issued a ruling that could reduce many drunk driving offenses and lead to early jail release. Over the years, state legislators have attempted to tighten Missouri DWI laws, though they failed to remove a clause that conflicted with the newer language. As a consequence, many motorists convicted of felony drunk driving in Missouri should have only been charged with a misdemeanor.

In Missouri, a third DWI offense is considered a felony. The ‘forgotten’ clause that has been at the bottom of the law since the early 1980’s states that if someone pleads guilty to driving while intoxicated but then has the sentence suspended, that conviction does not count toward the three strikes necessary to make it a felony. In its decision the court said that whenever two conflicting standards exist within a criminal law, the lesser penalty should be applied.

First time offenders for drunk driving in Kansas City and many other Missouri cities are often given the opportunity to plead guilty in exchange for a suspended sentence. The practice is widely accepted because statistics show that most DWI offenders are never arrested again for drinking and driving.

There are approximately 150 cases of felony DWI in Jackson County alone that should have been tried in court as misdemeanors. The unanimous Supreme Court ruling has given those offenders the opportunity to have their sentences reduced. While the court did not state whether the ruling is retroactive, Missouri DWI defense lawyers have been advising clients to petition for leniency based on the recent court action.

Should the ruling be applied to previous cases, potentially thousands of drivers convicted of felony DWI in Missouri will have their sentences overturned. State legislators are considering rectifying the situation by adding an emergency measure to a pending law.

If you have been arrested for drunk driving in Jackson County, Missouri you will need to hire a qualified DWI Lawyer in Kansas City for proper legal representation.

Posted Monday, March 24, 2008 | Permalink | Comments (5)

HB 1406 Proposes Memorial Signs for Missouri DWI Victims

Legislation meant to increase awareness of impact of drunk driving in Missouri. HB 1406 establishes David's Law which requires the Department of Transportation to establish and administer a drunk driving memorial sign program.

State legislators Bill Deeken and David Day are crafting a bill that would facilitate a sign program warning of the impact of DWI in Missouri. House Bill 1406 calls for the establishment of a roadside memorial system, placing signs at the location of fatal alcohol related accidents. Families of the victims of drunk driving in Missouri would pay $1,040 for a 2’x3’ sign that would remain in place for 10 years.

The sign design would look similar to a Missouri license plate. The signs would have the victim’s initials and date of accident, and include the slogans "Drunk Driving Victim!" and "Who's Next?"

Homemade signs are already visible on Missouri highways. These signs are not permisable, though the Missouri Department of Transportation allows them to remain in place as long as they do not block a driver’s view or create a safety problem. The proposed sign program, which would be run by the MoDOT, would prohibit private memorials. A spokesperson for the MoDOT has said the department does not have an official position on the sign legislation, though he said it appeared to be a safe alternative to homemade memorials.

The legislation passed the Missouri House and is headed to the state Senate. A non-profit group has been established to help underwrite the cost of the signage, meaning families of Missouri DWI victims will not have to worry about paying for the DWI memorial themselves.

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