DWI OR DUI VIOLATION DEFENSE

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Contact Lednick Law For DUI and DWI Violations


An arrest for drunk driving can be a very frightening experience and is in most cases is a person’s first encounter with the law. Most individuals are not aware of their rights when fighting a DWI case and fail to realize that it is possible to challenge DWI charges, even if the blood alcohol content is high. Also, very few people realize that in Missouri DWI cases involve two separate and distinct cases. A criminal charge as well as administrative action against your driver’s license. For further explanation see below.


If you are arrested and charged with DWI in Missouri, the consequences can be severe. There’s a chance you will lose your driver’s license, pay significant fines or potentially even face jail time, depending on the exact nature of the charge. We work with all aspects of DWI-related situations including breath and blood testing issues, DWI accidents involving injuries, multiple prior DWI charges, underage DWI’s and all aspects of DWI license suspension, reinstatement or hardship


When facing charges that could result in jail time, fines, or license suspension, it is critical to have an attorney who is well versed in the specifics of Missouri DWI law. You need a lawyer who will spend time reviewing all the facts and explaining your options to you so your rights will be protected. Having a DWI conviction can cause loss of your employment, money, driving privileges, your freedom, and increased penalties for future violations. It is vital for you to retain a lawyer who can provide you with the best possible defense and protect your rights. If arrested for DUI or DWI please contact the Lednick Law Firm at (636) 638-2150 to schedule a free consultation.

Missouri Driving While Intoxicated Charges Involve Two Different Cases

When an individual is stopped, or arrested for driving a vehicle while intoxicated or with their blood alcohol level over the legal limit, two separate sections of Missouri law govern the arrest and suspension or revocation of the persons driving privilege.

Criminal Charges

The criminal part of a DWI case deals with the ticket that was written by the officer. Under Missouri law, it is illegal for a person to operate a motor vehicle while in an intoxicated condition. This can be intoxication caused by alcohol, prescribed or illegal drugs, or any combination thereof. In addition, it is illegal to operate a motor vehicle with a blood-alcohol level in excess of .08%, in which case intoxication is presumed. A DWI conviction can result in heavy fines and in some cases jail time. Moreover, if you are convicted of an alcohol offense, either 8 or 12 points are assessed to your driver record, resulting in either a suspension or revocation.

Administrative Action

Under Missouri law, any person who operates a motor vehicle on the roads or highways has given consent to a test of their breath, blood, saliva or urine. Assuming the officer has reasonable grounds to believe the person is driving while intoxicated, this consent provides them a means to determine whether the person in a drunk or drugged condition. The law allows for a suspension or revocation of your driving privilege if your blood alcohol content is over the legal limit or if you refuse a chemical test. This suspension is separate and not dependent on the outcome of the criminal charge.

Driving With Excessive Blood Alcohol Content

A person commits the offense of driving with excessive blood alcohol content if such person operates:


(1) A vehicle while having eight-hundredths of one percent or more by weight of alcohol in his or her blood; or (2) A commercial motor vehicle while having four one-hundredths of one percent or more by weight of alcohol in his or her blood.


The offense of driving with excessive blood alcohol content is: (1) A class B misdemeanor; (2) A class A misdemeanor if the defendant is alleged and proved to be a prior offender; (3) A class E felony if the defendant is alleged and proved to be a persistent offender; (4) A class D felony if the defendant is alleged and proved to be an aggravated offender; (5) A class C felony if the defendant is alleged and proved to be a chronic offender; (6) A class B felony if the defendant is alleged and proved to be a habitual offender.

Driving While Intoxicated (DWI)

A person commits the offense of driving while intoxicated if he or she operates a vehicle while in an intoxicated condition.



The offense of driving while intoxicated is: (1) A class B misdemeanor; (2) A class A misdemeanor if: (a) The defendant is a prior offender; or (b) A person less than seventeen years of age is present in the vehicle; (3) A class E felony if: (a) The defendant is a persistent offender; or (b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person; (4) A class D felony if: (a) The defendant is an aggravated offender; (b) While driving while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or (c) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person; (5) A class C felony if: (a) The defendant is a chronic offender; (b) While driving while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or (c) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of another person; (6) A class B felony if: (a) The defendant is a habitual offender; or (b) While driving while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel.


Consumption Of Alcoholic Beverages While Driving

A person commits the offense of consumption of an alcoholic beverage while driving if he or she operates a moving motor vehicle upon any public thoroughfare for vehicles, including state roads, county roads, and public streets, avenues, boulevards, parkways or alleys in any municipality while consuming any alcoholic beverage.

The offense of consumption of an alcoholic beverage while driving is an infraction and shall not be reflected on any records maintained by the department of revenue.

Traffic Violation FAQs?

  • Can't I just pay a traffic ticket?

    Yes, you have the option to simply pay the ticket which will quickly dispose of the matter. However, by paying the fine you are also pleading guilty to the charge which results in a conviction. The main downfall of simply paying a ticket is that the charge will appear on your driving record, as well as whatever number of points are assessed for the violation. Perhaps the worst consequence of having points on your driving record is that your insurance company will likely raise your car insurance rates a significant amount. In addition, an accumulation of too many points will result in your license being suspended.

  • What are the benefits of hiring an attorney?

    In most cases an attorney will be able to keep your ticket and the points associated with the ticket, off your record. If this happens your insurance rates will remain the same. If you are unable to appear in court either because of work or any other reason we will be able to appear for you. In most cases, we can take care of a ticket without you ever having to appear in court.

  • What are the possible outcomes if I hire an attorney?

    While an attorney cannot guarantee any definite outcome with your case, here are some possibilities:


    The violation may be amended to a non-moving violation, such as illegal parking, which prevents any points from appearing on your driving record.


    The original violation may be amended to another charge that reduces the number of points that appear on your driving record.


    The court may grant you a suspended imposition of sentence (SIS). In this case, you are placed on probation (normally unsupervised) and if you receive no further violations during the probationary period, you will not be convicted of the offense and no fines or points will be assessed.


    Your case could be dismissed outright for any number of reasons.


    These are some of the most common ways that traffic tickets may be taken care of, however there are many other options available as well.

  • How many points will I get for a Missouri traffic violation?

    Missouri Traffic Violations and Points Assessed



    Major Violations Resulting in Suspension or Revocation:


    Aggravated Endangering a Highway Worker 12


    Aggravated Endangering an Emergency Responder 12


    Obtain License by Misrepresentation 12


    Drive Under the Influence of Drugs 8 (1st Offense) 12 (Subsequent Offenses)


    Drive While Suspended/Revoked 12


    Driving While Intoxicated 8 (1st Offense) 12 (Subsequent Offenses)


    DWI – Assault – Felony 12


    DWI – Fatality – Felony 12


    Excess Blood Alcohol Content 8 (1st Offense) 12 (Subsequent Offenses)


    Felony Involving Motor Vehicle 12


    Leaving Scene of Accident 12


    Murder 2nd Vehicular/Intoxicated 12


    Negligent Homicide – Commercial Vehicle 12


    Negligent Operation of Commercial Vehicle – Fatal 12


    Vehicular Homicide 12


    Vehicular Manslaughter 12



    Common Violations Resulting in Points:



    Careless & Imprudent 2


    Careless & Imprudent w/ Accident 4


    Endangering an Emergency Responder 4


    Endangering a Highway Worker 4


    Excessive Speeding 3


    Fail to Produce Insurance ID 4


    No Driver License 2 (1st); 4 (2nd); 6 (3rd)


    No Motorcycle Qualification 2


    Permit Unlicensed Driver to Drive 4


    Speeding (More than 5 MPH over) 3


    Stop Sign 2



    These Miscellaneous Violations are Assessed 2 Points:


    Activate Red Light for Non-Emergency


    Aggressive Driving


    Altered/Counterfeit Insurance ID Cards


    Alter Driver License


    Assault-3rd Degree Involving Motor Vehicle


    Attempted DWI


    Attempted Leaving Scene of Accident


    Coast with Gears Disengaged


    Collide with Vehicle or Property


    Cruising


    Disobey Emergency Vehicle Ordinance


    Disobey Funeral Procession Ordinance


    Disobey Traffic Device Railroad


    Disobey Traffic Control Device


    Disobey Traffic Officer


    Drive w/Child on Lap


    Driving Under Min Speed Limit


    Driving While Impaired


    Drive CMV w/o Obtaining a CDL


    Drive Motorcycle Between Vehicles


    Drive Motor Vehicle w/o Owners Consent


    Drive Too Fast for Condition


    Drive While Disqualified


    Drive While Out of Service


    Driver’s View Obstructed


    Driving Across Fire Hose


    Driving on Shoulder


    Driving Through Barricade


    Driving Wrong Side of Road


    Eluding Police Officer


    Endangering Welfare of Child


    Engage in Speed Competition


    Erratic Speed


    Excess Vehicle Noise – Squeal Tires


    Excessive Passenger Violation


    Fail to Remain in Moving Vehicle


    Fail to Report an Accident


    Fail to Stop at RR Crossing


    Fail to Stop for School Bus


    Fail to Yield Right of Way


    Fail to Yield – Collide with Pedestrian


    Failed to Reduce Speed


    Failure to Dim Lights


    Failure to Keep Right


    Failure to Sound Horn


    Failure to Stay on Pavement


    Fishtailing


    Following too Close


    Gave False Info to Officer


    Hit & Run


    Hot-Rodding


    Improper Signal


    Improper Start from Parked Position


    Impeding Traffic Movement


    Improper Backing


    Improper Lane


    Improper Passing



    Improper Turn


    Increased Speed When Passed


    Leave Main Portion of Roadway


    Minor in Possession


    Miscellaneous Conviction


    Motor Fuel Theft Obstructing Traffic


    Not Permit Vehicle to Pass


    Operate ATV Under Influence Alcohol/Drugs


    Operate ATV with Passenger


    Operate CMV w/Hand-Held Phone


    Operate Commercial Vehicle While Texting


    Operate Off-Road Vehicle on Roadway


    Operate w/o Proper Endorsement


    Operate w/o School Bus Permit


    Open Car Door into Traffic


    Operated ATV-Under Age of 16


    Operating Motor Vehicle without Headlights


    Operating Where Prohibited


    Present Another’s License as Own


    Prohibited U Turn


    Not Permit Vehicle to Pass


    Strike a Legally Stopped Car


    Tamper with Ignition Interlock Device


    Tampering with Motor Vehicle


    Texting While Driving


    Traffic Turn/Signal Violation


    Unauthorized Lane Use


    Violation of Ignition Interlock


    Violation of Instruction Permit


    Viol of Restricted License


    Violate Open Container Law


    Warning of Radar


    Weaving


    Wrong Direction on Divided Street


    Wrong Direction on One Way Street

  • My ticket says "FCC" and does not have a court date. What does that mean?

    FCC is an acronym for Fine Collection Center. This is a central agency in Missouri which processes tickets primarily written by the Missouri State Highway Patrol, although there are exceptions. If you received an FCC ticket you probably also received a fine schedule with it detailing the cost of the ticket you received, as well as instructions on how to pay the fine by mail. Although this may seem like a convenient way to take care of your ticket, remember, by mailing in the fine amount you are pleading guilty to the charge and points will be assessed on your driving record. An attorney can have FCC tickets sent back to the county prosecutor’s office where a deal can be worked out and in many cases, avoid points on your driver’s license.

  • How much do you charge to take care of a traffic ticket?

    Every ticket that we handle is different and therefore fees vary depending on the circumstances. Some factors that we consider in determining fees are (1) the seriousness of the violation you are charged with, (2) the number of tickets you received, (3) your past driving record, (4) the difficulty of working with the jurisdiction in which you are charged, as well as other factors.

  • How much is this ticket going to cost me?

    In addition to attorney fees, fines on traffic tickets vary widely by jurisdiction. The amount of the fine assessed will be dependent upon the seriousness of the violation, prior violations in the same jurisdiction, your prior driving history, and other factors. Also, in addition to a fine, all courts assess court costs, which also vary widely by jurisdiction. Many courts will allow you to make monthly payments toward the amount of fines and costs you owe. However, other courts may require payment in full of all fines and costs upfront in order to get whatever deal is offered.

  • I received a ticket in another state. What should I do?

    We handle tickets in most Missouri and Illinois courts. However, if you have received a ticket in some other state it would probably be in your best interest to contact a local attorney. Most states are signatories to the Driver’s License Compact. This means that if you receive a traffic ticket in another state, that state will send the information to Missouri. Your home state will then apply a corresponding penalty as if you received the violation there. Many times, failure to pay an out of state ticket will result in suspension of your Missouri driving privilege.

  • I have an intermediate license and received a ticket. Will this prevent me from getting a full license when I turn 18?

    To be eligible for a full license, an intermediate driver’s license holder must have had no traffic convictions for which points are assessed, during the preceding 12-month period. If you do receive a ticket, please contact us for help in avoiding points that will prevent you from obtaining your full license when you turn 18. For more information please visit our page on Missouri’s Graduated Driver’s License Law.

  • Missouri's Graduated Driver License Law

    Missouri’s Graduated Driver License law requires that all first-time drivers between 15 and 18 years old complete a period of driving with a licensed driver (instruction permit), and restricted driving (intermediate license), before getting a full driver license.



    If the permit holder is under age 16, the licensed driver occupying the seat beside the permit holder for the purpose of giving instruction while driving must be a qualified person, grandparent, qualified driving instructor, a qualified driver at least 25 years of age who has been licensed for a minimum of 3 years and has received written permission from the parent or legal guardian, or in case of disability (of the parent, grandparent or guardian), their designee.


    At age 16, the driver may apply for an intermediate license. The intermediate license allows the driver to drive alone except during a late night curfew (1 a.m. to 5 a.m.). The driver and passengers must use seat belts, be free of alcohol and drugs, and obey the traffic laws.


    At age 18, or within the 30 days immediately preceding his/her 18th birthday, the intermediate license holder may apply for a full driver license.


    Definitions


    Immediate family shall include parents, grandparents, brothers, sisters, stepbrothers, stepsisters, and adopted or foster children residing in the driver’s household. Parent shall include a foster parent, stepparent or adoptive parent. Grandparent shall include a foster grandparent, step-grandparent or adoptive grandparent.


    Qualified driving instructor is defined as an instructor who has a valid driver education endorsement on a teaching certificate issued by the Department of Elementary and Secondary Education, or a driver training instructor employed by a private driver education program.


    Qualified person is a parent, legal guardian, or a certified trainer with a federal residential job training program with a valid driver license.


    STEP ONE: Instruction Permit


    Eligible Age: 15 Cost: $3.50 Valid for: 0-12 Months


    To Obtain:


    You must pass the vision, and written tests.

    A qualified person must accompany you to the license office to sign a permission statement.


    Permit Notes:


    Under age 16, you may drive only when accompanied in the front seat by a licensed driver who is:

    a qualified person;

    a grandparent;

    a qualified driving instructor;

    a qualified driver at least 25 years of age who has been licensed for a minimum of 3 years and has received written permission from the parent or legal guardian; or a qualified driver designated by the disabled parent or guardian of the permit holder.

    At age 16 or older, you may drive when accompanied in the front seat by a licensed driver who is at least 21 years old and has a valid driver license.

    Seat belts must be worn by the driver and all passengers.

    Your test paper alone is not legal for driving. Be sure to carry your permit with you.

    You may renew your instruction permit.


    To Graduate to an Intermediate License:


    You must have an instruction permit for a minimum of 182 days (beginning the day after issuance).

    You may not have any alcohol-related convictions in the last 12 months and no traffic convictions within the last 6 months.

    You must have received 40 hours of driving instruction, including a minimum of 10 hours of nighttime driving instruction between sunset and sunrise, with a qualified person, grandparent, or qualified driving instructor.


    STEP TWO: INTERMEDIATE LICENSE


    To Obtain:


    You must hold the instruction permit for at least 182 days (beginning the day after issuance).


    You may not have any alcohol-related offenses in the last 12 months and no traffic convictions in the last 6 months.


    A qualified person or grandparent must accompany you to the license office to verify you have received 40 hours of driving instruction, including a minimum of 10 hours of nighttime driving instruction between sunset and sunrise.


    You must pass the vision, and written tests if previous results are more than one year old.

    You must pass the driving test.


    License Notes:


    Your test paper alone is not legal for driving. Be sure to carry your intermediate license with you.


    Seat belts must be worn by the driver and all passengers.


    Driving Restrictions:


    During the first 6 months, you may not operate a motor vehicle with more than one passenger who is under 19 years old and who is not a member of your immediate family.


    After the first 6 months, you may not operate a motor vehicle with more than three passengers who are under 19 years old and who are not members of your immediate family.


    You may not drive alone between 1 a.m. – 5 a.m. except to and from a school activity, job, or for an emergency, unless accompanied by a licensed driver 21 years old or older.


    To Graduate to an Under-21 Full Driver License:


    Your driving privilege cannot be suspended, revoked, or denied at the time of application.


    You may not have any alcohol related offenses or traffic convictions within the last 12 months.


    STEP THREE: UNDER 21 FULL DRIVER LICENSE


    Eligible Age: 18 Cost: $10 Valid for: 0-3 Years


    To Obtain:


    You must satisfy the requirements for an Intermediate License, including having no alcohol-related offenses or traffic convictions in the last 12 months.


    You must have a valid intermediate license. 


    Your driving privilege cannot be suspended, revoked, or denied when you apply for a full license.


    You must pass the vision and road sign recognition tests. (You are not required to pass the written and driving tests if already completed.)


    Do I need to schedule an appointment for you to take care of a ticket?


    Not usually. Most tickets can be handled over the phone. If the charges are more serious, such as driving while suspended, or a DWI, please call us to schedule a consultation. Otherwise, feel free to call us for a fee quote to handle your traffic ticket.

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