Tag Archives: attorney

Miranda rights are not applicable in civil refusal cases

April 2, 2014

An Appeal in the Southern District of Missouri arising out of Crawford County deals with the invocation of Miranda rights as it applies to the civil case by the Department of Revenue suspending driving privileges.

In Anyan vs. DOR, SD 32681, the record indicates that the Driver invoked his Miranda rights upon contact with the Officer. The trial court deemed any information obtained after the invocation of the Miranda rights to be inadmissible including Anyan’s refusal to submit to a chemical test. The trial court reinstated Anyan’s driving privileges on this basis.

The Director of Revenue appealed. Under Missouri’s Implied Consent law, drivers are deemed to give consent to a chemical test. A refusal of this test can result in the suspension of driving privileges for one year. A driver has the right to have the revocation reviewed in the Circuit Court of the county of arrest. This case is a civil matter and has the same standard of review as other civil matters.

Miranda does not apply in civil matters. The Miranda rule does not require warnings prior to testing for intoxication. The Appellate Court held that the invocation of Miranda rights was irrelevant to the admissibility of the refusal.

Drug recognition expert not required for probable cause to arrest

March 31, 2014

The recent decision in Hill vs Department of Revune WD 76689, delves into the issue of probable cause to believe a driver is intoxicated or in a drugged condition.

The driver, Hill, was observed by the officer driving erratically. Officer Hotmer stopped Hill. The Officer testified that he noted several indicia of intoxication, but not the smell of alcohol. The Officer requested that Hill submit to a blood test. Further, the Officer requested the assistance of drug recognition expert. Hill admitted to taking Zoloft prior to driving. Hill refused the blood test.

The Department of Revenue suspended his license for one year due to the refusal. Hill brought the matter before the trial court, which affirmed his suspension. Hill then filed this appeal. The basis for his argument is that there was not enough probable cause to believe he was operating a motor vehicle in a drugged or intoxicated state.

“Hill bases his argument on the fact that Officer Hotmer was not trained as an expert in detecting drug impairment and he was unable to secure a DRE to examine Hill.” WD76689.

“Hill fails to cite any authority in support of his conclusory argument that “expert” determination of drug intoxication is an essential requisite to establishing reasonable grounds to believe a driver is intoxicated.4 “An appellant has an obligation to cite appropriate and available precedent if he expects to prevail, and, if no authority is available to cite, he should explain the reason for the absence of citations.” Brown v. Ameristar Casino Kansas City, Inc., 211 S.W.3d 145, 148 (Mo. App. W.D. 2007). “When ‘the appellant neither cites relevant authority nor explains why such authority is not available, the appellate court is justified in considering the points abandoned and dismiss[ing] the appeal.'” Id. (citation omitted).” WD76689

” ‘Whether the driver is under the influence of alcohol or any other substance is irrelevant. The relevant inquiry is whether or not the arresting officer had reasonable grounds for believing that the arrested person was driving while in either an intoxicated or drugged condition.’ ” (citation omitted) WD76689

” ‘Probable cause exists when a police officer observes illegal operation of a motor vehicle and indicia of intoxication upon contacting the motorist.’ “(citation omitted). WD76689

“Further, Officer Hotmer testified on cross-examination that he requested the help of a DRE after he arrested Hill. Plainly, it is of no consequence that Officer Hotmer sought the assistance of a DRE after he arrested Hill. ‘Whether there is probable cause to arrest depends on the information in the officers’ possession prior to the arrest.’” (citation omitted) WD76689.

The appellate court affirmed the suspension of Hills license.

Calverton Park Municipal Court

March 5, 2014

Calverton Park Traffic Lawyers

St. Louis County – 21st Judicial Circuit
The Calverton Park Traffic Lawyers at PulledOver.com can handle it,

Calverton Park Speeding Ticket Defense

Our Calverton Park traffic lawyers handle Calverton Park speeding ticket defense, where “no points” is the goal.

Calverton Park MIP Defense

Our Calverton Park MIP lawyers handle Minor in Possession defense, where the object is keeping your record clean and your driver license from being suspended or revoked.

Calverton Park DWI Defense

Our Calverton Park DWI attorneys handle drunk driving defense, where your driver license and your freedom are at stake.

Let our Calverton Park Traffic Lawyers start helping you today. Contact Us

Calverton Park Traffic Court Information

This page contains Court information Links for Calverton Park, Missouri.

Calverton Park Municipal Court


Gerald Durfee, Court Clerk

52 Young Drive
St. Louis, MO 63135
 (314) 524-1212  x12
 (314) 524-2012 (facsimile)
www.calvertonparkmo.com

Judge
Hon. Philip Ayers

Hours
The Violations Bureau is open for payments from 9:00am to 1:00pm.

In 2012, the Municipality of Calverton Park filed over 3,400 tickets. Did you get a ticket in the municipality of Calverton Park? What should you do?

If you received a moving violation you have 3 options:

  1. Pay it
  2. Go to court and try to fight it yourself
  3. Hire an attorney.

If you pay it, there will be points assessed to your license. This can cause your insurance rates to go up and/or cause your license to be suspended. Eight points in 18 months can result in a license suspension.

If you try to fight it yourself, the first time you appear in court, your case will not be heard. You will be required to wait and then stand in front of the judge to plead guilty or not guilty. If you plead not guilty, the judge will set your case for trial and you will have to come back at another date. Taking care of the ticket yourself will result in at least two court appearances taking upwards of an hour a piece. Then if you lose, you will be required to pay the fine anyway.

If you hire an attorney, you will likely avoid the appearance and our goal is to get your moving violation amended to a non-moving violation. We have worked in the Calverton Park Municipal Court for over 10 years. We work with the prosecuting attorney to get your ticket reduced. We then notify you via email and hard copy and all you have to do is mail in your payment. Usually this process requires no appearance in court on your part saving you time and energy. For a free consultation, fill out our easy ticket submission form and one of our attorneys will contact you

Supreme Court declines to hear red light camera appeals

February 26, 2014

The Supreme Court of Missouri has declined to review the red-light camera appeals from Kansas City, Creve Coeur and Florissant. These requests had been filed by the cities and American Traffic Solutions, Inc the provider of the cameras.

The Appellate Courts had issued concerns that the ordinances conflicted with state law requiring the issuance of points for moving violations. The cases will be remanded back where the cities can attempt to provide justification for the ordinances.

The Supreme Court has not addressed the recent Ellisville, Arnold or City of St. Louis rulings regarding traffic cameras.

Byrnes Mills Municipal Court Missouri

February 20, 2014

Byrnes Mill Traffic Lawyers

Jefferson County – 23rd Judicial Circuit
The Byrnes Mill Traffic Lawyers at PulledOver.com can handle it,

Byrnes Mill Speeding Ticket Defense

Our Byrnes Mill traffic lawyers handle Byrnes Mill speeding ticket defense, where “no points” is the goal.

Byrnes Mill MIP Defense

Our Byrnes Mill MIP lawyers handle Minor in Possessin defense, where the object is keeping your record clean and your driver license from being suspended or revoked.

Byrnes Mill DWI Defense

Our Byrnes Mill DWI attorneys handle drunk driving defense, where your driver license and your freedom are at stake.

Let our Byrnes Mill Traffic Lawyers start helping you today. Contact Us

Byrnes Mill Traffic Court Information

This page contains Court information Links for Byrnes Mill, Missouri.

Byrnes Mill Municipal Court

Elise Gannon, Court Administrator
Mary L. Sheriff, Court Clerk

127 Osage Executive Circle
Byrnes Mill, MO 63051-0255
(636) 677-7727
(636) 677-5533 (facsimile)

Judge
Hon. Colby Smith-Hynes

Hours
The Violations Bureau is open for payments from 9:00am to 4:30pm. Closed on Fridays.

In 2012, the Municipality of Byrnes Mills filed over 3,600 tickets. Did you get a ticket in the municipality of Byrnes Mill? What should you do?

If you received a moving violation you have 3 options:

  1. Pay it
  2. Go to court and try to fight it yourself
  3. Hire an attorney.

If you pay it, there will be points assessed to your license. This can cause your insurance rates to go up and/or cause your license to be suspended. Eight points in 18 months can result in a license suspension.

If you try to fight it yourself, the first time you appear in court, your case will not be heard. You will be required to wait and then stand in front of the judge to plead guilty or not guilty. If you plead not guilty, the judge will set your case for trial and you will have to come back at another date. Taking care of the ticket yourself will result in at least two court appearances taking upwards of an hour a piece. Then if you lose, you will be required to pay the fine anyway.

If you hire an attorney, you will likely avoid the appearance and our goal is to get your moving violation amended to a non-moving violation. We have worked in the Byrnes Mill Municipal Court for over 10 years. We work with the prosecuting attorney to get your ticket reduced. We then notify you via email and hard copy and all you have to do is mail in your payment. Usually this process requires no appearance in court on your part saving you time and energy. For a free consultation, fill out our easy ticket submission form and one of our attorneys will contact you

Santa Fe says strict consequences for DWI are resulting in fewer

January 22, 2014

Experts in Santa Fe, New Mexico are pointing the strict consequences for a Driving While Intoxicated charge for the drop in alcohol related accidents between 2012 and 2013. Records indicate that the number of alcohol related crashes in Santa Fe was 106 in 2013 from 128 in 2012.

New Mexico is the national leader for Ignition Interlock Devices installed per 10,000 residents. State law requires an IID for all DWI offenders. The City of Santa Fe and Santa Fe County also permit vehicle forfeiture if you are arrested for a DWI and already have a conviction on your record. Not only that, since 2009 the police can seize your vehicle if you are caught Driving While Revoked as well. Last year 554 vehicles were seized under these provisions.

Lawmakers correlate the re-arrest rate of first time offenders dropping 55% since 2002 and the reduction of alcohol involved crashes by 40% between 2002 and 2010 to ignition interlock devices, checkpoints, saturation patrols, vehicle seizures and public awareness.

Celebrity DWI news for September 2013

September 4, 2013
  • 9/4/13 – Miguel the singer of Adorn is due back in court this month for his DWI arrest on August 15th. Reports indicate that he blew a .10 and .11.
  • 9/6/13 – Lamar Odom seems to have been having some difficulty lately. Not only was he recently pulled over for a DWI, but according to reports he was in a 3 car accident just two weeks ago.
  • 9/16/13 – Dina Lohan, Lindsay Lohan’s mom seems to be following in her daughter’s footsteps. She was picked up for a DWI in New York State after blowing a .20.
  • 9/25/13 – San Franciso 49er Linebacker Aldon Smith was arrested for a second DWI. His previous DWI from Miami was reduced to reckless driving.

Kirksville Municipal Court Traffic Information

September 8, 2012

Kirksville Municipal Court
Adair County

General Information:
Phoebe Powell Herrin, Municipal Judge

Linda Sandstrom, Court Clerk
201 S. Franklin
City Hall
Kirksville, MO 63501
(660) 627-1237 
(660) 627-7941(facsimile)
http://www.kirksvillecity.com/
Hours: 8:00 – 5:00