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Laclede County, Missouri | DWI | MIP | Speeding

*Laclede County, Missouri Traffic Law Attorneys

*

From simple Speeding Ticket defense where “no points” is the goal to MIP cases to felony DUI / DWI defense where your freedom is at stake, the lawyers at PulledOver.com can handle it.

This page contains Court information for Laclede County, Missouri Judicial Circuit 26.

* Laclede County, Missouri DUI / DWI Lawyers
* Laclede County, Missouri MIP Lawyers
* Laclede County, Missouri Speeding Ticket Lawyers

*Laclede, Judicial Circuit 26*

*Laclede County Courthouse*
Government Center
200 N. Adams
Lebanon, MO 65536
(417) 532-2471 (telephone)

Stanley Moore, Circuit Judge, Division 1
Greg Kays, Circuit Judge, Division 2
Christine Hutson, Associate Circuit Judge, Division 3
Larry Winfrey, Jr., Associate Circuit Judge, Division 4

*General Information:*

Wanda Tyre, Circuit Clerk
(417) 532-2471

Heather Officer, Chief Deputy Clerk
Teresa Clark, Criminal Division Clerk
Gail Thompson, Civil Division Clerk

Please contact the Clerk’s office for information about the following:

* Adult Abuse Orders
* Associate Civil Cases
* Associate Criminal Cases
* Circuit Civil Cases
* Circuit Criminal Cases
* Family Court
* Juvenile Cases
* Mental Health Cases
* Probate Cases (Decedent and Guardianships)
* Small Claims Cases
* Traffic Cases

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*Laclede County, Missouri Traffic Law Attorneys*

    * Laclede County, MO DWI Lawyers | Criminal Defense
    * Laclede County, MO DWI Lawyers | Administrative DWI
    * Laclede County, MO DWI Lawyers | Driver License Suspension
    * Laclede County, MO DWI Lawyers | Driver License Revocation
    * Laclede County, MO DWI Lawyers | Hardship License Petitions
    * Laclede County, MO DWI Lawyers | Driver License Reinstatement
    * Laclede County, MO DWI Lawyers | DWI Expungement Attorneys
    * Laclede County, MO Minor in Possession (MIP) Lawyers
    * Laclede County, MO MIP Lawyers | Possession by Consumption
    * Laclede County, MO MIP Lawyers | Visibly Intoxicated
    * Laclede County, MO DWI-MIP Lawyers | Zero Tolerance
    * Laclede County, MO DWI-MIP Lawyers | Abuse & Lose
    * Laclede County, MO Speeding Ticket Lawyers | “No Points”

Missouri DWI Crimninal Law – First Offense DWI (driving while intoxicated)

In Missouri, conviction of a first DWI is a Class B misdemeanor.

Conviction of a first offense DWI may be punished by:
* JAIL: Up to a maximum of six (6) months imprisonment.

* FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.

* PROBATION: The general terms of probation are no drinking, do not break the law, attend SATOP classes, etc. Probation is usually for 1 to 2 years. A conviction with probation is commonly referred to as a “Suspended Imposition of Sentence” or SIS.

* SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.

Missouri DWI/DUI/BAC Administrative Alcohol Law | Administrative Actions Separate from Criminal Penalties

Administrative alcohol actions taken by the Missouri Department of Revenue are separate from and independent of any criminal prosecution for driving while intoxicated (DWI), driving under the influence (DUI), or driving with excessive blood alcohol content (BAC).

Administrative alcohol actions are civil actions, not criminal prosecutions. When the Department of Revenue takes administrative action to suspend or revoke the Missouri driving privileges of a person arrested for DWI/DUI/BAC, civil rules apply. The civil rules of evidence and procedure that apply to administrative alcohol actions do not provide the same protections provided by criminal. The Department of Revenue’s burden of proof in an administrative alcohol action to suspend or revoke Missouri driving privileges is much lower and the rules of evidence are substantially relaxed.

Missouri DWI/DUI/BAC Administrative Alcohol Law | 15 Days to Request Administrative Hearing

*15 Days to Request and Administrative Hearing or Lose Your Rights and Your Driving Privileges*

15 days. That’s how long you have from the day you were arrested in Missouri for DWI/DUI and issued a “Notice of Suspension/Revocation” to request an administrative hearing. If don’t, your right to and administrative hearing will be waived and your driver license suspended or revoked.

Missouri law provides that the Department of Revenue Driver License Bureau shall suspend or revoke the driver license of any driver who is arrested upon probable cause to believe that the driver’s blood alcohol concentration (BAC) is at least .08% for adults or .02% for minors under 21 years old (RSMo § 302.505). When a driver arrested for DWI/DUI/BAC takes and fails a chemical breath test, blood test, or urine test of his or her blood alcohol concentration, the driver is issued a white 8.5″ x 11″ written “Notice of Suspension/Revocation” along with the criminal summons (tickets).

When a driver is issued a “Notice of Suspension/Revocation” after an arrest for DWI/DUI/BAC, the driver (or the DWI attorney representing the driver) has 15 days from the date of the arrest and “Notice of Suspension/Revocation” to file with the Department of Revenue a written request for an administrative hearing. The form must be completed, mailed (and postmarked) within 15 days of the arrest. If the administrative hearing request form is not completed, mailed, and postmarked in the prescribed time, the driver’s right to an administrative hearing is waived and the suspension or revocation goes into effect.

Missouri DWI/DUI/BAC Administrative Alcohol Arrest Information “I Blew .08% or More” (.02% or More if a Minor)

Separate and apart from the criminal charges that may arise out of being arrested in Missouri for driving while intoxicated (DWI), driving under the influence (DUI) or driving with excessive blood alcohol content (BAC), a person arrested in Missouri for DWI, DUI or BAC also may be subject to administrative sanctions by the Missouri Department of Revenue Driver License Bureau. The administrative sanctions imposed may include driver license suspension or revocation.

If a driver arrested for DWI in Missouri takes and fails a chemical breath test (blows in a “Breathalyzer”), the driver’s license may be suspended or revoked. A driver fails the chemical breath test if the results reflect a blood alcohol content (BAC) of .08% or higher by weight for adults, or .02% or higher for minors under 21 years old. At the option of law enforcement, a driver’s breath, blood, or urine may be tested to determine the driver’s blood alcohol content (BAC).

If you have been arrested for driving while intoxicated (DWI) or driving under the influence (DUI) and have taken and failed a test of your blood alcohol content (BAC), whether it was a breath alcohol test (you “blew”), a urine test or a blood test, our experienced Missouri DWI lawyers can help.

To protect your rights, time is of the essence. Act now for a free consultation with an experienced Missouri DWI defense lawyer.

*Missouri Administrative Alcohol Arrest Information Contents*

* 15 Days to Request Administrative Hearing
* Administrative Actions Separate from Criminal Penalties
* What the Officer Sends to the Department of Revenue
* The Administrative Hearing Process
* Missouri Administrative Alcohol License Suspension
* Missouri Administrative Alcohol License Revocation
* Administrative Alcohol Circuit Court Trial De Novo
* Driver License Reinstatement
* Missouri Statutory References

Combined Measures Accuracy of Standardized Field Sobreity Test (SFST)

When the component tests of the SFST battery are combined, officers are believed to be accurate in 91 percent of DWI cases, overall, and in 94 percent of DWI cases if explanations for some of the false positives are accepted (Stuster and Burns, 1998).

The original NHTSA research found different accuracies for the SFST Battery than reported in the more recent study. Tharp, Burns, and Moskowitz (1981) reported accuracies of 77 percent for the HGN, 68 percent for the Walk and Turn, and 65 percent for the One Leg Stand components; 81 percent of officers’ arrest decisions at 0.10 BAC were correct when all three measures were combined.

In contrast, Stuster and Burns (1998) found greater accuracies in making arrest decisions on the basis of SFST results in their study at 0.08 percent BAC, as described previously and summarized in the following table.

*Comparison of SFST Accuracies 1981 vs. 1998*

Study: Combined Tharp, Burns, & Moskowitz (1981)

bq. BAC: 0.10
HGN: 77%
WAT: 8%
OLS: 65%
*Combined: 81%*

Study: Stuster & Burns (1998)

bq. BAC: 0.08
HGN: 88%
WAT: 79%
OLS: 83%
*Combined: 91%*

The greater component and overall accuracies found during the 1998 study are attributable to 17 years of law enforcement experience with the SFSTs since the original study and a lower criterion BAC than in the original study (i.e., 0.08 vs. 0.10 percent).

One Leg Stand (OLS) DWI Field Sobriety Test

The One-Leg Stand field test is a “divided attention” test that requires a DWI suspect to listen to and follow instructions while simultaneously performing physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.

To perform the One-Leg Stand test, the subject is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 83 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.08 of greater (Stuster and Burns, 1998).

Walk and Turn (WAT) DWI Field Sobreity Test

The Walk-and-Turn field sobriety test is a “divided attention” test that requires a DWI suspect to listen to and follow instructions while simultaneously performing physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.

To perform the Walk-and-Turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for eight (8) indicators of impairment:

# the subject cannot keep balance while listening to the instructions,
# the subject begins before the instructions are finished,
# the subject stops while walking to regain balance,
# the subject does not touch heel-to-toe,
# the subject steps off the line,
# the subject uses arms to balance,
# the subject makes an improper turn, and
# the subject takes an incorrect number of steps.

NHTSA research indicates that 79 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.08 or greater (Stuster and Burns, 1998).

Horizontal Gaze Nystagmus (HGN) DWI Eye Test

Horizontal Gaze Nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object.

In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye:

# the eye cannot follow a moving object smoothly
# jerking is distinct when the eye is at maximum deviation; and
# the angle of onset of jerking is within 45 degrees of center.

If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.08 or greater. NHTSA research found that this test allows proper classification of approximately 88 percent of suspects (Stuster and Burns, 1998).

HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.

Missouri DWI/DUI/BAC Field Sobriety Testing Introduction

In Missouri, officers are trained to follow the Standardized Field Sobriety Testing (SFST) procedure approved by the National Highway Safety Administration (NHTSA).

The Standardized Field Sobriety Test (SFST) is a battery of three tests designed and intended to be administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. The tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute.

There are three (3) field sobriety tests that make up the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Test (SFST) battery:

# The Horizontal Gaze Nystagmus (HGN) Test;
# The Walk-and-Turn (WAT) Test; and
# The One-Leg-Stand Test.

A formal program of training was developed and is available through NHTSA to help law enforcement officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through the International Association of Chiefs of Police (IACP).

As such, the NHTSA SFST Student Training Manual, “DWI Detection and Standardized Field Sobriety Testing” is the universally accepted authoritative source for the standards and proper procedures of for field sobriety testing.

The NHTSA SFST Manual is the only publication that details the accepted procedure in Missouri for field sobriety testing and a must-have for every Missouri DWI defense lawyer.

Missouri DWI/DUI/BAC Breath Alcohol Testing (Breathalyzer Test)

The two most commonly used breath alcohol test machines (Breathalyzers) in Missouri are the Intoxilyzer 5000 (CMI, Inc.) and the BAC DataMaster (National Patent Analytical Systems, Inc.)

*How “Breathalyzers” measure blood alcohol content.*

The Intoxliyzer 5000 and the BAC DataMaster both use Infrared Spectrometry / Spectroscopy (IR) to measure breath alcohol concentration, from which blood alcohol content (BAC) is calculated.

The basic premise underlying IR is that every gas molecule will absorb energy in the form of electromagnetic radiation at a unique and specific wavelength. The pattern of absorption thereby creates a “fingerprint” (most commonly expressed in percent transmittance) by which that molecule may be identified. Using IR, the machines are designed to identify the presence and concentration of ethanol in a breath sample.

There are several steps involved in these machines using IR to determine blood alcohol concentration. First, a quartz lamp generates infrared (IR) light. The IR light travels through a chamber containing the breath sample. After passing through the chamber, the light travels through narrowband infrared filters and is focused on a photo detector. The photo detector converts the IR light pulses into electrical pulses which a fed into a microprocessor. The microprocessor uses a pre-programmed formula to “interpret” the electrical pulses and derive a number representing the “Blood Alcohol Concentration” which then is displayed.

Infrared Spectometry / Spectroscopy (IR) Breath Alcohol Test Machine (Breathalyzer)

Points on a Missouri Driver License for DWI, BAC & DUI

When a driver with a Missouri Driver License is convicted of driving while intoxicated (DWI), excessive blood alcohol content (BAC) or driving under the influence (DUI), the Missouri Dept. of Revenue Driver License Bureau assesses “Points” against his or her Missouri Driver License.

The number of “Points” assessed depends on whether the alcohol-related traffic conviction is for a first offense or for a second or subsequent offense DWI, BAC or DUI.

*8 Points* assessed against a Missouri Driver License
* First conviction for driving while intoxicated (DWI); or
* First conviction for driving under the influence (DUI); or
* First conviction for excessive blood alcohol content (BAC).

*12 Points* assessed against a Missouri Driver License
* Second or subsequent conviction for DWI; or
* Second or subsequent conviction for DUI; or
* Second or subsequent conviction for BAC; or
* Commercial motor vehicle if BAC is =/> .04%.

Missouri Minor “Abuse & Lose” Law

*Missouri “Abuse & Lose” Driver License Suspension, Revocation & Reinstatement*

The Missouri “Abuse & Lose” law requires Missouri courts to suspend or revoke the driving privileges of any person determined to have committed any of the following offenses before turning 21 years of age:

# any alcohol related traffic offense; or
# possessing or using alcohol while driving; or
# possessing or using an illegal drug; or
# altering a driver’s license (fake ID); or
# trying to use someone else’s driver’s license.

The driver license suspension period for a 1st offense Missouri Abuse and Lose Law violation is 90 days.

The driver license revocation period for the 2nd and subsequent Missouri Abuse and Lose Law violations is 1 year.

Missouri Abuse and Lose Suspension and Revocation

The Missouri Abuse and Lose Law requires Missouri courts to suspend or revoke the driving privileges of any person who is determined upon plea of guilty, conviction, or finding of guilt to have committed any of the following offenses when they were under 21 years of age:

# Any alcohol-related traffic offense;
# Any offense involving the possession or use of alcohol, committed while operating a motor vehicle;
# Any offense involving the possession or use of a controlled substance;
# Any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle; and
# Any offense involving the possession or use of alcohol for a second time if both offenses were committed when the person was under 18 years of age.

Missouri Minor in Possession (MIP) Statutes

*RSMo Section 325.111.1. Expands MIP Possession to Include Possession by Consumption*

Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person’s blood is guilty of a misdemeanor.

*RSMo Section 577.500.2. Driver License Suspension and Revocation*

A court of competent jurisdiction shall, upon a plea of guilty or nolo contendere, conviction or finding of guilt, or, if the court is a juvenile court, upon a finding of fact that the offense was committed by a juvenile, enter an order suspending or revoking the driving privileges of any person determined to have committed a crime or violation of section 311.325, RSMo, and who, at the time said crime or violation was committed, was more than fifteen years of age and under twenty-one years of age.

*RSMo Section 577.500.6. Length of Driver License Suspension or Revocation*

The period of suspension for a first offense under subsection 2 of this section shall be thirty days. The period of suspension for a second offense under subsection 2 of this section shall be ninety days. Any third or subsequent offense under subsection 2 of this section shall result in revocation of the offender’s driving privileges for one year.

*RSMo Section 311.326. Expungement of MIP Record*

After a period of not less than one year, or upon reaching the age of twenty-one, whichever occurs first, a person who has pleaded guilty to or has been found guilty of violating section 311.325 for the first time, and who since such conviction has not been convicted of any other alcohol-related offense, may apply to the court in which he or she was sentenced for an order to expunge all official records of his or her arrest, plea, trial and conviction. If the court determines, upon review, that such person has not been convicted of any other alcohol-related offense at the time of the application for expungement, and the person has had no other alcohol-related enforcement contacts, as defined in section 302.525, the court shall enter an order of expungement. The effect of such an order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, as if such event had never happened. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made of him or her for any purpose whatsoever. A person shall be entitled to only one expungement pursuant to this section. Nothing contained in this section shall prevent courts or other state officials from maintaining such records as are necessary to ensure that an individual receives only one expungement pursuant to this section.

*RSMo Section 302.525(3). Definition of “Alcohol-Related Enforcement Contacts”*

For purposes of this section, “alcohol-related enforcement contacts” shall include any suspension or revocation under sections 302.500 to 302.540, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a vehicle while having an unlawful alcohol concentration.