Missouri DUI and DWI Legal Questions

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142 legal questions have been posted about dui/dwi by real users in Missouri. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Missouri DUI and DWI Questions & Legal Answers - Page 5
Do you have any Missouri DUI and DWI questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 142 previously answered Missouri DUI and DWI questions.

Recent Legal Answers

SOL for DA to upgrade Misdemeanor to Felony on 2nd offense VTL 1192.4?

Answered 12 years and 9 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
In Missouri, the statute of limitations on a misdemeanor is one year and the statute of limitations on a felony is three years. It looks as if you are still within the statute of limitations period for the prosecutor to seek either misdemeanor or felony charges.
In Missouri, the statute of limitations on a misdemeanor is one year and the statute of limitations on a felony is three years. It looks as if you... Read More

SOL for DA to upgrade Misdemeanor to Felony on 2nd offense VTL 1192.4?

Answered 12 years and 9 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
DA can amend up to the day of trial.
DA can amend up to the day of trial.

What does it mean if an inmateโ€™s information says Released on own Recognizance for the DUI but open for the other charges?

Answered 12 years and 9 months ago by William A. Siebert (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Yes.
Yes.

What does it mean if an inmateโ€™s information says Released on own Recognizance for the DUI but open for the other charges?

Answered 12 years and 9 months ago by Michael J. Breczinski (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
That means that there is no bond amount that has to be put up on the DUI in order to get out of jail. Just the other matters.
That means that there is no bond amount that has to be put up on the DUI in order to get out of jail. Just the other matters.

Can I get pulled over simply because the officer couldn't read my license plate?

Answered 12 years and 9 months ago by Michael J. Breczinski (Unclaimed Profile)   |   9 Answers   |  Legal Topics: DUI/DWI
If the plate is illegible and can't be seen then they can pull you over.
If the plate is illegible and can't be seen then they can pull you over.

How can I get my license back after 3 counts of felony DUI resulting in great bodily injury?

Answered 12 years and 9 months ago by Stephen Lewis Freeborn (Unclaimed Profile)   |   3 Answers   |  Legal Topics: DUI/DWI
Sounds like you may not be able to do so. Since I have absolutely no facts about your case, I would encourage you to retain an attorney to review your case and see what, if anything, can be done.
Sounds like you may not be able to do so. Since I have absolutely no facts about your case, I would encourage you to retain an attorney to review... Read More

how can missouri dmv require me to hire a lawyer to get a judge to reinstate my license after a 5 yr. revocation is over?

Answered 12 years and 10 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It is the state law for you to petition the court to get your license reinstated.  See Missouri Revised Statutes Section 302.060(10).  You are not required to hire a lawyer--you are required to file a petition.  If you can prepare and file your own petition, there is no need for an attorney. Thank you, This answer does not create an attorney/client relationship.   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More
It is the state law for you to petition the court to get your license reinstated.  See Missouri Revised Statutes Section 302.060(10).  You... Read More

DWI conviction 2003 and Ignition lock

Answered 12 years and 10 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
To obtain your license after a 10 year denial in the State of Missouri, you need to:  1)  Petition the Court where your received your last conviction, 2)  Have an ignition interlock for 6 months, 3) retake the driving and written test, 4)  Complete SATOP, and 5)  Submit to a fingerprint background check with the Missouri Highway Patrol.  You can find more information at the Missouri Department of Revenue website:  http://dor.mo.gov/drivers/ldp.php Thank you, This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More
To obtain your license after a 10 year denial in the State of Missouri, you need to:  1)  Petition the Court where your received your last... Read More

My lawyer gave me incorrect information on the plea deal that I signed. Is there anything I can do now after signing?

Answered 12 years and 10 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unfortunately, there's not a whole lot you can do.  You could retain a new attorney and attempt to set aside the plea of guilty.  That's hard to get done sometimes, depending on the jurisdiction.  This answer does not create an attorney/client relationship.   Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More
Unfortunately, there's not a whole lot you can do.  You could retain a new attorney and attempt to set aside the plea of guilty.  That's... Read More

What is the difference between a DUI conviction and a DUI suspension?

Answered 12 years and 11 months ago by Hudson Thomas Bair (Unclaimed Profile)   |   6 Answers   |  Legal Topics: DUI/DWI
If your lawyer has told you that you are looking at a DUI suspension, you (have lost or will) lose your DMV hearing (the DMV determines what happens to your license) and you will win your DUI case in court. Interesting outcome, depending on how your DUI case is won it may have a collateral consequence on the DMV action.... Read More
If your lawyer has told you that you are looking at a DUI suspension, you (have lost or will) lose your DMV hearing (the DMV determines what happens... Read More

That was over 6 moths ago and the charge is not showing up. will it go away?

Answered 12 years and 11 months ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
For a misdemeanor, the prosecutor has up to 1 year to file charges against you.
For a misdemeanor, the prosecutor has up to 1 year to file charges against you.

I have paid to get an appointment with the judge, why has the atty not moved?

Answered 12 years and 11 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
When you petition the court to reinstate your driving privileges, the Department of Revenue has 30 days to file an answer.  That could be why you haven't had court yet.  If it has been over 30 days, you may want to ask your attorney to notice it up. 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 More
When you petition the court to reinstate your driving privileges, the Department of Revenue has 30 days to file an answer.  That could be why... Read More

can i still have my license suspended if the dmv hearing was ruled in my favor

Answered 12 years and 11 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Possibly.  If you are convicted in the criminal case, you would get points on your Missouri Driver License.  A first offense DWI or BAC is 8 points and results in a 90 day point suspension.  A 2nd offense DWI or BAC is 12 points and results in a one year point suspension.  If you receive 2 DWIs or BACs within 5 years, that results in a 5 year driver license denial.  If you receive 3 DWIs or BACs or a combination of 3 of either, that results in a 10 year driver license denial.  Any more than three results in a permanent denial of your Missouri Driver License. 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 More
Possibly.  If you are convicted in the criminal case, you would get points on your Missouri Driver License.  A first offense DWI or BAC is... Read More

can i get driving priviledges back when license has been revoked? sdtate of mo.

Answered 12 years and 11 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It depends.  To find out for certain, you can call the Missouri Department of Revenue Driver License Bureau, 573-751-4475. 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 More
It depends.  To find out for certain, you can call the Missouri Department of Revenue Driver License Bureau, 573-751-4475. Andrew D.... Read More

can i get driving priviledges back when license has been revoked? sdtate of mo.

Answered 12 years and 11 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It depends.  If you call the Missouri Department of Revenue Driver License Bureau, 573-751-4475, they can tell you exactly how to get your license back. 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 More
It depends.  If you call the Missouri Department of Revenue Driver License Bureau, 573-751-4475, they can tell you exactly how to get your... Read More

is there any way to get my license back when my dwi is dropped

Answered 12 years and 11 months ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Call the Missouri Department of Revenue if you don't believe me.  573-751-4475. Thanks, 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.
Call the Missouri Department of Revenue if you don't believe me.  573-751-4475. Thanks, Andrew D. PopplewellEng & Woods Law Firm903 E.... Read More

What does a municipal hold mean?

Answered 13 years and a month ago by Andrew Dean Popplewell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It most likely is not a psychiatric hold.  She might have been held for 24 hours for intoxication.  It does not necessarily mean that she was arrested for DWI or drunk in public.  It could also mean that she is being held on a warrant from another municipal court. Thanks, 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 More
It most likely is not a psychiatric hold.  She might have been held for 24 hours for intoxication.  It does not necessarily mean that she... Read More

minor with posession

Answered 13 years and a month ago by Andrew Dean Popplewell (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
Your son should hire an attorney.  Depending on what court he is in, he could face a suspension of his driver license as well as completing a $500 alcohol education class.  In the long run, hiring an attorney probably saves you money as well as his driver license and record. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read More
Your son should hire an attorney.  Depending on what court he is in, he could face a suspension of his driver license as well as completing a... Read More

Can you be sent an MIP the next day?

Answered 13 years and a month ago by Andrea Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, the police can mail the ticket for MIP to you later. It's a misdemeanor, so they have up to 1 year to file charges.
Yes, the police can mail the ticket for MIP to you later. It's a misdemeanor, so they have up to 1 year to file charges.