Category Archives: DWI

DWI, Legal Articles, Traffic Law

How To Find Out What is On Your Missouri Driver’s Record For Free! Answers from a St. Louis Traffic Ticket Lawyer

The Missouri Traffic Ticket Point System and Free Driver’s Record Over the Phone: Advice from a Traffic Ticket Lawyer

Do you fear you are accumulating points on your license? Here is how to find out what you have on your record and what you risk with new tickets.

The First Step: What is Already on Your Missouri Driver’s Record? Call (573) 526-2407!

You can find out what is on your Missouri driver’s record for FREE by calling the Missouri State interactive voice response system at (573) 526-2407 – available 24 hours a day, 7days a week. You don’t need a traffic ticket lawyer to do this!  Make sure to have your driver’s license number available. If you have questions about what Missouri traffic tickets are listed on your driver’s record or if you want to know about a suspension, or revocation on your Missouri driver record, call this number. It will tell you when you had a prior alcohol suspension of your license and whether you have officially been reinstated.

The Second Step: Finding Out What Points You Might Receive for New Violations

If you just received a ticket, but don’t have a traffic ticket lawyer, and want to know what points you might get on your record if you don’t get the ticket reduced to a nonmoving violation, you can refer to this chart: http://dor.mo.gov/forms/899.pdf .

The Third Step: What Happens When You Accumulate Points

Too many points means you lose your privilege to drive in Missouri!!! For example, a speeding ticket and no proof of insurance may mean 8 points on your license and you will be suspended from driving by the Department of Revenue!

It is not easy to figure out the point system. Here are the details:

If you accumulate a total of 4 points in 12 months, the Department of Revenue will send you a point accumulation advisory letter.

If you accumulate a total of 8 or more points in 18 months, the Department of Revenue will SUSPEND your driving privilege.

1st suspension – 30 days
2nd suspension – 60 days
3rd or more suspensions – 90 days

The Department of Revenue will REVOKE your driving privilege for one year if you accumulate:
12 or more points in 12 months
18 or more points in 24 months
24 or more points in 36 months
When your driving privilege is reinstated following a Point Suspension or Revocation, the Department of Revenue reduces your total points to 4.
Every year you drive without getting new points on your record, the points will be reduced.

1 year — total remaining points reduced by one-third
2 years — remaining points reduced by one-half
3 years — points reduced to zero

Although your points may be reduced to zero, certain types of convictions must remain listed permanently on your Missouri driver record.

It is never a good idea to accumulate points as you can quickly get to a suspension by receiving just a few traffic tickets.  Further, your insurance rates can skyrocket when they do annual driver’s record checks to determine premiums. If you need advice about your traffic related matters, Funkenbusch has handled hundreds of tickets for her clientele.  She has been able to get Driving While Suspended charges dismissed, speeding tickets reduced to littering, and can help you clean up your record with the DOR if you are looking to purge your old tickets from your record.   Call a trial expert and traffic ticket lawyer at the Law Office of Michelle M. Funkenbusch, 314-338-3500, to have your traffic tickets resolved.  Free consultation.

Traffic Ticket- SEND US YOUR INFO VIA EMAIL!!!

We would love to hear from you so contact us as soon as you get the ticket. Unless other arrangements have been made, you MUST appear on your court date until you have paid us to hire us. If your court date is in the next week, fill out the form but make sure to call us to confirm we can enter our appearance before your court date. Again, Please fill out this form and we will get in touch with you shortly.
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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

DWI, Legal Articles, Uncategorized

Personal Portable Breathalyzer Tests To Help Avoid Tickets For DUI

As we continue through this holiday season in St. Louis, consider buying your favorite partier a portable breathalyzer for $30.00 to $100.00. While they may not be as accurate as police testing for DUI, they are valuable in helping someone realize they need to call a cab. I regularly represent people with DUI’s who believe they were not drunk… until we read the police report and see their BAC levels.

How do breathalyzers show your alcohol level during DUI testing? Alcohol (ethanol) shows up in your breath because it gets absorbed from the mouth, throat, stomach and intestines into your bloodstream.  Ethanol­ is not digested upon absorption, nor chemically changed in the bloodstream. As the blood travels through your lungs, some of the ethanol moves across the membranes of the lung’s air sacs (which are called alveoli) into the air.  The concentration of the alcohol in the alveolar air is related to the concentration of the alcohol in the blood. For you science and math people… the ratio of breath alcohol to blood alcohol is 2,100:1. This means that 2,100 milliliters (ml) of alveolar air will contain the same amount of alcohol as 1 ml of blood.

As the alcohol in your alveolar air is exhaled, police can detect it by a breath alcohol testing device. The American Medical Association touts that a person can become impaired when the blood alcohol level hits as little as 0.05. 0.08 is the legal limit in Missouri.  If a person’s BAC measures 0.08, it means that there are 0.08 grams of alcohol per 100 ml of blood.

While we are often able to resolve a first DUI in the St. Louis area with a Suspended Imposition of Sentence (which results in no conviction if you complete a long probationary period and other requirements), you will still have to face a potential administrative suspension through the Department of Revenue.

If you have questions about DUI tickets in the Greater St. Louis area, please do not hesitate to contact me at 314-799-6602.  Be safe everyone!

 

© 2011 The Law Offices of Michelle M. Funkenbusch, LLC.  All Rights Reserved. These materials may not be reproduced in any way without the written permission of The Law Offices of Michelle M. Funkenbusch, LLC. This blog is designed to provide general information on the topic provided and is posted with the understanding that the publisher is not engaged in rendering any legal or professional services. Although this post and the blog is prepared by a lawyer, it should not be used as a substitute for legal advice. If legal advice is required, the services of The Law Offices of Michelle M. Funkenbusch should be sought privately.