Missouri DUI and DWI Legal Questions

What are the penalties for a second time DUI? In Los Angeles, a second time DUI with nothing else special about it usually gets 96 hours jail, plus the classes and fines. You can roll the fines into the jail and do about the same amount of time. What if I've violated probation too? It depends on how recently the other case was. The more recent the more jail that you will get. Usually its between 10-30 days. 10 / 08 you need to fight. If you and your lawyer push this to trial you can get a wet reckless or better.... Read More

You should discuss this with your lawyer, they will know the DA and the Judge in your case and can give you more direct counsel. If you did not have a lawyer you will need one, as nearly as I can tell you have a significant portion of your sentence uncompleted, and you have been given a second chance. A lawyer may be able to help you avoid serving the balance of your sentence in jail, you should contact one if you want to deal with this problem and put it behind you.... Read More

You have 2 probation violations. You have 3 DUI convictions. This means that you are a risk to other people. Your license is suspended by Department of Licensing, but I would bet that you are driving. And your license will not be reinstated until you can prove that you have completed a state approved drug/alcohol treatment program. This issue is not going to go away. I would agree with your probation officer. You need to turn yourself in. From your question, it sounds like to date, you have done nothing as far as treatment, but are only thinking about treatment if it is of benefit to you. You say that you have kids that need you. If you are drinking or drugging and driving illegally, you are not doing them any favor. I would suggest that you retain an attorney and deal with this issue. If the police and the courts catch up with you, you WILL go to jail for some time a minimum of 4 months.... Read More

Yes there is, for filing it is 2 years. However, if the case was filed and you just never decided to appear, or ignored the court subpoena, and a warrant was issued, then the statute of limitations is tolled (stopped) from running because you are "avoiding the system". You cannot avoid the system think the statute of limitations will run. You are still going to have to comply.... Read More

You should only have to keep it for 2 years from the date of your conviction.  You can call the Missouri Driver License Bureau, 573-751-4475, to verify. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comThis answer does not create an attorney/client relationship.... Read More

Miranda rights only need to be given if you are questioned about the circumstances of the offense while in custody. Even then, only statements you make will be excluded at trial if you file a motion to exclude the statements. If the prosecution has sufficient evidence without the statements, they will still proceed with the case.... Read More

You should probably hire an attorney, while this is a "first offense" the judge and prosecutor are aware of your history. Even if the fist time you were dealing with the Juvenile system you were not prosecuted for the alcohol related charge both the Prosecutor and the Judge will be aware that the case involved alcohol. Because of your history the Judge will likely be less lenient and the DA will seek more punishment than the minimum. A lawyer familiar with breath testing devices may be able to cast enough "doubt" on the issue that your case gets dismissed, reduced or sentenced in a more lenient manner.... Read More

It would not be your first offense since the court will look at whether you have been sentenced at all in the past, not just specifically for drinking in public under age. It is unlikely that you can "beat" this charge if you were breathalyzed and admitted fault to the police. Your best option to hire an attorney to help you plea to a lesser charge to get a lesser sentence.... Read More