Missouri DUI and DWI Legal Questions

In Missouri, a "prior offender" is one who has pleaded guilty to or has been found guilty of one prrior alcohol-related offense within 5 years of the current DWI charge in MO. If the prior Kansas diversion did not require him to plead guilty to, or be found guilty of the Kansas DUI, and assuming he successfully completed the diversion program, then the Kansas DUI would not be considered a prior offense. In Missouri state court, with no prior alcohol offenses, he would be charged with a class B misdemeanor, punishable up to six months in jail and a $500 fine.... Read Answer

Missouri can only revoke your privileges to drive in the State of Missouri until you fulfill Missouri's reinstatement requirements.  Technically, you would be legal to drive in the other 49 states, however, when you go to renew your Kentucky license, they most likely will not renew because of the Missouri suspension.  You can find Missouri's reinstatement requirements here:  http://dor.mo.gov/drivers/ldp.php   Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

He could possibly be charged as a Persistent Offender, which is a Class D Felony in Missouri.  The range of punishment on such an offense is up to 4 years in the Missouri Department of Corrections, and/or a $10,000 fine.  If he has no prior felonies and is in rehab, probation is likely, however, it depends on the judge and jurisdiction.  If he has 3 convictions for DWI and/or BAC, he will likely lose his license for 10 years.  If the jurisdiction he is charged in has a DWI court, he may be able to complete that to receive a hardship license after one year, otherwise, he would be ineligible for a hardship license with a felony conviction.  See RSMo. Section 577.023 and RSMo. Section 309.010. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

That is a good question.  If you have met all of Missouri's requirements for reinstatement and can prove residency in Missouri (utility bill or the like in your name sent to a Missouri address), you should be eligible to obtain a Missouri driver license.  Keep in mind that even if you obtain a Missouri license, your privileges to drive in Kansas will be revoked unless you have the ignition interlock device. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

I'm sorry, I would need a little more information to answer your question.  You can contact me at the email address below. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

Unfortunately, law enforcement officers are never "required" to read Miranda Warnings.  If they are asking guilt seeking questions, and the questionee is in custody, then Miranda is required, otherwise the answers cannot be used against the questionee in court. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

It really depends upon the county in which this occurred.  He is fortunate both of the charges are misdemeanors.  Some counties grant Suspended Imposition of Sentences (SIS), while some don't, only granting Suspended Execution of Sentences (SES).  It is important for him to hire an attorney within 15 days of the date of the arrest, otherwise, his license will be suspended without getting a challenge.  The Leaving the Scene of an Accident charge is the more serious offense, as not only is it a Class A Misdemeanor (the DWI is a Class B), but it also carries a one year loss of driving privileges with no chance for a hardship. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create a lawyer/client relationship.... Read Answer

You need to contact the Kansas Driver License Bureau and complete their driver license reinstatement requirements.  Missouri will not issue you a license until you do so. Thanks, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create a lawyer/client relationship.... Read Answer

Theoretically, you could be charged with a class B Felony of Driving While Intoxicated--Chronic Offender.  The range of punishment on such an offense is 5-15 years in the Department of Corrections, and you are not parole eligible until after you serve 2 years.  You most likely will not be appointed a public defender, since you posted bail.  You will need to retain private counsel.  As to your Missouri Driver License, most likely, if you are found guilty, your driving privileges will be permanently denied. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create a lawyer/client relationship.... Read Answer

Unfortunately, you can be charged as an aggravated dwi offender based on your previous convictions.  The applicable law is found in Missouri Revised Statutes Section 577.023, which states as follows:  An "aggravated offender" is a person who:(a) Has pleaded guilty to or has been found guilty of three or more intoxication-related traffic offenses.  The length of time between convictions does not matter. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

You would need to contact a North Carolina DWI attorney to help you get reinstated there.   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comImportant Information:The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa; (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different fashion, please let me know AT ONCE.The information contained in this e-mail transmission is legally privileged and confidential.... Read Answer

I'm sorry to say, the answer is no, the DOR will not waive the ignition interlock requirement.  You would be eligible for a limited driving privilege after serving 3 years of your 10 year suspension.  This would require petitioning the court in your county of residence, SR-22 insurance, and proof of installation of the ignition interlock device.  Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comImportant Information:The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication; (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa; (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different fashion, please let me know AT ONCE.The information contained in this e-mail transmission is legally privileged and confidential.... Read Answer