Monthly Archives: July 2012

DWI, Legal Articles, Liquor and DUI News, Missouri Legal News

Another Open Container Bill Fails… No Surprise to St. Louis DUI Attorney

Drinking on The Move in Wentzville: Thoughts from a St. Louis DUI lawyer.

It is not shocking that Missouri (whose unofficial state wildlife is the “Busch”) is known for a highly laissez-faire approach to alcohol regulation. For instance, there is no state-wide law against drinking in public. You can even legally let your children drink.  (See RSMO 311.310).   I am not saying this is a good idea by the way.  There is also no state wide law against open containers in the possession of passengers in vehicles.  This pro-alcohol reputation, supported by a strong alcohol industry lobby, continues to grow based on a recent decision by the Board of Alderman in Wentzille.  This is the second time in a few months that the alderman have voted down a proposed open container law supported by the local Police Chief.

The bill would have banned passengers in motor vehicles from drinking from, or possessing, open containers of alcoholic beverages while driving through Wentzville. Drivers are already banned from drinking by state-wide laws.  The Chief argued that the proposed law is a way to catch drunk drivers “in the act”, as they would not be able to just pass a drink off to a passenger. One argument against the law is that this bill is municipal government overreach and that these laws should not differ from municipality to municipality.

A little over 3% of the cities across the state have municipal laws banning open containers in vehicles including, but not limited to:


Bates City, Bellefontaine Neighbors, 

Cabool, Clarence, Clarkson Valley, 

Columbia, Crystal City, Cuba, Elsberry, 

Foristell, Harrisonville, Hermann, Independence,

Lamar, Lake Lotawanna, Lexington, 

Liberty, Licking, Linn, Maryville, 

Neosho,  New Franklin, Normandy, 

Osage Beach, Salisbury, St. Charles, St. John, 

Trenton, Verona,  Warson Woods, Weston.

This list includes those with bans as of 2005.  There is no more recent comprehensive list that I can find at this time. This list of course means that in 96% of the cities in this state… open containers in vehicles are permissible if in possession of a passenger.  Note, that if the alcohol is in the console or cup holder… a prosecutor will argue it is in the driver’s possession, not a passenger.

What About Buses?

There IS a state law against drinking intoxicating liquor of any kind in a passenger bus except a chartered bus.  (See RSMO 578.315) .   

If you are uncertain about the alcohol laws in your municipality, contact St. Louis DUI Attorney Michelle M. Funkenbusch to assist you, 314-338-3500.

Sources: 

Roberts, J. (2005). Missouri State and Local Open Container Laws. Report 30-2005. Retrieved 7/12/12, from University of Missouri Columbia, Institute of Public Policy. Web site: http://ipp.missouri.edu/files/ipp/attachments/missouri_state_and_local_open_container_laws.pdf

http://www.moga.mo.gov/statutes/C500-599/5780000315.HTM

Read more about the Wentzville decision at:  STLToday Article

Bicycle Law, Bicycle Law News, Legal Articles, Missouri Legal News, Uncategorized

Top Ten Things to Do When You Are Hit By a Car on Your Bicycle

Top Ten Things to Do After a Bicycle Accident from St. Louis Bicycle Accident Attorney 

Cyclists are injured and killed by hit-and-run drivers every day. Today, a cyclist was killed while trying to cross the street after exiting a well known bike path in Fullerton, California. Police are searching for a black vehicle involved in a hit-and-run accident that left the bicyclist dead.  Police said the man that was hit appeared to have come off a popular biking trail and was crossing the street.  The vehicle fled the scene, and then the victim was hit by a second vehicle, which stopped.  The bicyclist was rushed to a local hospital, where he was pronounced dead shortly after.

Here is a checklist to follow if you are hit while riding your bicycle and are still able to function. If you were not able to function at the time of the accident, or your loved one was killed, it is imperative you or your family contact an experienced bicycle accident attorney immediately. Make sure your family knows who you want them to call in an emergency.  If you are a witness to an accident, please help the victim with the following top ten things to do after a cycling accident:

CHECKLIST FOR BIKE ACCIDENTS

1.  Get out of the road to avoid being hit a second time; however, if possible, take pictures (or have someone else take pictures) before the bike or car are moved.

2.  Get the phone numbers and names of all witnesses.

3.  Make sure to remember what if anything the driver, passengers, and or witnesses admit or tell you about the accident.

4.  Call the police immediately and make a police report.  Do not let the driver talk you out of making a report.

5.  Do not ignore your pain and blow it off. People are often hurt way worse than what they thought at the time of the accident due to adrenaline.  Go to an ER or doctor immediately if you have any pain. If you do not document that you are injured in medical records, you have no case for personal injuries.

6.  Ask to see the driver’s license and insurance information. Do not just let them write it down for you. Get the phone numbers to make a claim. Check the policy dates on the card to verify you have the correct insurance card. 

7.  Seek an estimate of your bike damage for repair and replacement value from a reputable shop like Maplewood Bicycle. http://www.maplewoodbicycle.com/.  Do NOT try to fix it on your own without first getting the estimate.

8. Do not destroy anything that could be evidence such as a cracked helmut, torn clothing, bloody shoes, etc.

9.  Do NOT give a recorded statement to the insurance company. They are NOT on your side and will try to trick you into saying something to use against you in court.  

10.  Call a bicycle accident attorney within 24 hours in order to preserve all evidence, to contact witnesses, to make sure the police have the correct story (in case a supplemental report is needed with your statement), and to let the insurance company for the driver know you are represented and cannot be bullied into a settlement that greatly undervalues your case.

Again, if you or your loved one are hit while cycling, contact Missouri Cycling Advocate and Bicycle Accident Attorney, Michelle M. Funkenbusch at 314-338-3500.   If you would like a FREE hour presentation to your community group, athletic club, or children’s organization, on Missouri bicycle law and safety measures, please contact Michelle.

Bus Accident News, Missouri Legal News

“Phone Blox” Invented by SLU Grad to Help Prevent Bus Accidents

St. Louis Bus Accident Lawyer Discusses Potential New Standard of Care for Bus Companies to Prevent Bus Accidents.

There is a new standard of care developing for bus companies to prevent bus accidents caused by their distracted drivers.  Phone Blox is a product that connects to the ignition or transmission system of a bus.  The driver puts their cell phone in a box that automatically locks when the bus is turned on or put into gear.  As of 2010, there were 7,200 public transit agencies, operating 66,239 buses in the U.S., according to the American Public Transportation Association.  That does not count school buses, taxis, or light rail systems that could also use Phone Blox.

Inventor, SLU grad Ginny Foster delivered prototype boxes of her bus accident safety invention in July 2010 to the Metropolitan Transit Authority of Nashville, Tenn. Later that year, the Nashville MTA won the 2010 American Public Transportation Association GOLD Safety Award for their innovative solution to thwart distracted driving, a problem every public transportation system in the nation is dealing with.  Bus drivers, like every driver in Missouri, are required to use the highest degree of care in operating the bus.  In addition, bus companies are required to use reasonable care in developing safety programs to prevent bus accidents.  As the use of Phone Blox and similar systems become more widespread, there will be a greater degree of responsibility for public transit companies to keep up with the safety innovations or be subject separately to a suit for negligence when bus accidents occur.  This could allow for punitive damages for willfully  ignoring safety features that can save lives.

In addition, it is very possible this same technology is justified for use in tractor-trailers, which are 30,000 ton weapons on the road.  Distracted driving is one of the number one causes of accidents in the United States.  Any safety system that will limit use of cell phones while operating tractor-trailers should be standard in the trucking industry.

If you have been injured in a bus accident, you need a trial lawyer that is going to be “in the know” about how to prove cases of negligence against bus companies, not just the drivers.  The Law Offices of Michelle M. Funkenbusch strives to research daily the law and safety developments that could affect her client’s bus accident cases.

SOURCE:  St. Louis Business Journal by Amir Kurtovic, Reporter

Bicycle Law News, Missouri Legal News, Uncategorized

Missouri cyclist killed in accident during charity ride

A 48-year-old bicyclist from Independence died Saturday after he was struck by a vehicle while riding along a rural route of a charity ride east of Buckner.

Michael D. Forbes was riding west shortly after 8 a.m. on U.S. 24 near County Road H when a westbound car struck his rear wheel, according to the Missouri Highway Patrol.

Forbes was riding the route of the Freedom From Cancer Ride, a charity event that started at 7 a.m. in Independence and extended to Lexington and back. Forbes wanted to start earlier than the official race time, so he was actually headed back to Independence as hundreds of other riders were still riding east, said Chris Pace, the event’s coordinator.

Forbes was alone, so other riders didn’t see the accident, Pace said.

Troopers still investigating the bicycle/car accident cited inattention by the 32-year-old driver as a cause. The driver told troopers he had glanced down at his dashboard. When he looked back up, it was too late to avoid hitting the cyclist, said Sgt. Collin Stosberg.

Troopers are going to subpoena cellphone records from the driver as a routine part of the investigation, Stosberg said.

Evidence showed Forbes was on the roadway, according to the Highway Patrol.

The victim and his wife, who was volunteering at the event, are well known and liked in the cycling community, Pace said.

“It’s tragic all the way around,” Pace said. “He was a good guy. He’d do anything for anybody.”

Cyclists know their hobby can be dangerous, Pace said, especially with multiplying distractions inside vehicles.

“All I can say is try to ride in a group,” Pace said. “Try to make yourself a bigger target.”

SOURCE: BY CHRISTINE VENDEL, To reach Christine Vendel, call 816-234-4438 or send email to cvendel@kcstar.com.  Posted on Sat, Jun. 30, 2012 09:47 PM

Read more here: http://www.kansascity.com/2012/06/30/3684614/independence-cyclist-killed-in.html#storylink=cpy
If you are in need of a personal injury lawyer specializing in cycling accidents,  Contact Michelle M. Funkenbusch, Missouri’s Advocate for the Cyclists.
Bicycle Law News, Missouri Legal News, Uncategorized

Transportation-related bills from the 2012 legislative session passed and awaiting the governor’s signature

[UPDATE 8 JULY 2012: Bills signed or approved by Governor Nixon are indicated.]

A number of transportation related bills passed the Missouri General Assembly this year and are now awaiting the governor’s signature.

The Missouri Bicycle and Pedestrian Federation recently gave a summary of the bicycle and pedestrian related bills and issues that came up during this year’s legislative session.  Now an even larger list–all of the significant transportation-related bills, whether or not they include bicycle or pedestrian provisions.Missouri Capitol and bicyclists

Almost all of the bills are ‘omnibus’ bills containing somewhere between a few and many different provisions.  To see the full list of provisions, click through to the bill’s page. The list below points out only those provisions of special interest for bicycling, walking, or trails:

  • SB 470 – Optional 3rd license plate for use when bike rack or other obstruction obscures the rear license plate (Ryan’s law)
  • SB 568 – Cities are allowed to levy a transportation tax under 74.700 to 74.755 RSMO.  The tax can be used for mass transit, roads, streets, bridges, airports, and planning. SB 568 adds “sidewalks, trails, and community-owned parking” to the list of allowed items for the tax.
  • SB 607 – Allows billboards to be moved or removed under special rules when a stretch of highway undergoes construction.
  • SB 611 – temporary permit tags; yellow light duration; move over law
  • SB 665 – conveys certain real estate to MoDOT
  • SB 719 – motorcycle training course exemption; use of state park roads by commercial entities (ie, bike rental, canoe rental)
  • HB 1402 – Optional 3rd license plate for use when bike rack or other obstruction obscures the rear license plate (Ryan’s law); “moderate” billboard legislation requiring MoDOT to create regulations government digital signs; includes many other provisions
  • HB 1504 – authorizing additional funding for Great Rivers Greenway District for trails, greenways, parks, and improvement of the Arch district in St. Louis City, St. Louis County, and St. Charles County; authorizing creation of a Trails and Greenway District in Jackson County and creation of a sales tax to fund trails and greenways.  This is state enabling legislation–all taxes must be approved by voters in the respective counties before they become effective.
  • HB 1807 [signed by governor 6 July 2012] – Designates the bike/ped path on the Heart of America Bridge in Kansas City as the “Bob Watts Memorial Bicycle & Pedestrian Bridge”.  Bob was a pioneering bicycle and pedestrian advocate in Missouri and former MoBikeFed Chair.
  • HB 2004 and HB 2005 [signed by governor 22 June 2012 with one minor line-item veto in HB 2004] – Appropriating funding for MoDOT.
  • SCR 26 – Establishes the Joint Interim Committee on Transportation Needs to study the transportation infrastructure needs of Missouri

You’ll note that some provisions, such as Ryan’s Law, are included as part of two or more bills.  This is a common legislative tactic–each bill the language is included in raises the odds of that language passing at least once–and helps the provision survive a veto if one or more of the large omnibus transportation bills is vetoed.  So if a certain provision passes twice or more, it can only help and doesn’t hurt anything.

As an advocate for the protection of cyclists and pedestrians, I strongly urge you to support bicycling, walking, and trails in Missouri and work towards Complete Streets policies in Missouri that will help every community become safer and more inviting for walking and bicycling.  Bicycling, walking, and trails are important for our health, for the livability of our communities, and for the economic vitality of our state as it competes on a national and international level.  The governor has until July 14th to sign most of these bills.  

SOURCE: Missouri Bicycle and Pedestrian Federation, Article Submitted by Brent Hugh on Thu, 06/07/2012 – 2:27pm