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Can I Refuse a Breathalyzer Test? – 6 Things You Should Know First

You've just spent a night out with your buddies at your favorite sports bar eating wings and drinking beers. As it comes time to head out you finish off your last drink before paying up, walk out to your car and drive off.

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Timely Filing of Breathalyzer's Maintenance Report Is Irrelevant

On September 11, 2018, the Missouri Court of Appeals, Eastern District, handed down its ruling in Hearne v. Director of Revenue, an appeal filed by the Director of Revenue (DOR) arising out of the Circuit Court of St. Louis County after the Trial Court affirmed the DWI Commissioner's decision to set aside Hearne's driver's license suspension.

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Should I Perform Field Sobriety Tests?

People often ask this question when they meet an attorney. There is no straight forward answer to this question, but having some insight into why the Officer is requesting you to perform the tests and what he is looking for may help you to confidently answer the question yourself.

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Can I Get My Felony DWI Conviction Expunged?

Recently, a change in law went into effect that greatly expands a person's ability to have prior convictions or pleas of guilty expunged from their criminal record. Expungement is the process which allows a person with a conviction to have the record of that conviction removed from their criminal record.

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Drunk Scooter Driving Will Result in Criminal Charges, Not Administrative License Action

On June 13, 2017, the Missouri Court of Appeals, Western District, in B. C. McMillin v. Director of Revenue, No. WD79818, ruled that in a civil driver license suspension case where the driver is operating a scooter under the influence of alcohol, Section 302.505 is not applicable. It only applies to "motor vehicle" as defined by Section 302.010(10).

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Director Must Show Reason for Arrest, Not Reason for Stop

On June 6, 2017, the Missouri Court of Appeals, Eastern District, in R. R. Williams v. Director of Revenue, et al, No. ED104052, ruled that in a civil driver license suspension case where the driver is over the age of twenty-one, "Section 302.505 does not require an officer to have reasonable suspicion for a traffic stop." It only requires proof that there was probable cause for the arrest for an alcohol-related offense.

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Expungements Not Available Merely for DWI Arrest

On May 23, 2017, the Missouri Court of Appeals, Eastern District, in J. E. Bright v. Nia Ray, Director of Revenue, et al, No. ED104934, ruled that expungements of an arrest, plea, trial or conviction of an alcohol-related driving offense under RSMo 610.130 , formerly RSMo 577.054, are limited to those cases in which Defendants actually plead guilty to or are convicted of an alcohol-related driving offense.

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