Raymond F. Chandler, Attorney

How Courts Protect Everyone

Raymond Chandler — Thu, 18 Oct 2012 19:38:50 +0000

Flipping through the news the other day I came across a piece on the Christian Science Montior’s website about a girl who was injured while bungee jumping in Africa. Its a fascinating story of a girl that was bungee jumping near Victoria Falls when her cord snapped sending her plunging into the crocodile infested waters. They even have video of the incident! But, you might be thinking, what does this have to do with the law? Well, this quote piqued my interest: “Tourists who come from litigious societies such as the United States may have an assumption that an activity is safe, because it is allowed to exist. Such an attitude may be reasonable in the US or Australia, but it doesn’t necessarily work in a country such as Zambia, where civil court cases can take decades to resolve.” This quote raises a few good points about the U.S. Court System, and how it may be protecting you everyday without you even thinking about it. What I take out of this quote is that there are instances where the “sue happy” system in the United States really does lead to a good result. I think some people take for granted that if they show up to a place of business that it will be safe. We assume that the ride at the amusement park is operated as safely as possible. We assume that the parking lot of a local business will be free of dangers and will have snow removed properly. We assume that a product that we purchase will not be defective or dangerous or that prescription drugs that we take will not cause another disease worse than the one it treats. And yes, [...]

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One DWI Can Create Two Cases

Raymond Chandler — Thu, 18 Oct 2012 19:37:18 +0000

For most people who come to my office after receiving a summons or ticket for DWI or Driving While Intoxicated one of the first things I try to explain to them is that they will have two cases for me to handle. Out of almost every DWI two different cases will arise, one criminal case and one civil case to deal with the ramifications of the DWI on the driver’s license. THE CRIMINAL CASE is the standard criminal/traffic case that arises with the actual DWI and any other traffic violations that the person may have been charged with. This case is the type that most individuals think about when trying to deal with a DWI. It involves discovery of the police reports, getting a plea deal from the prosecutor and in some cases going to trial on the criminal guilt or lack thereof of the person receiving the ticket. THE CIVIL CASE involves the civil aspect of a DWI, which mainly deals with the consequences to a person’s driver’s license. This can include requesting an Administrative Hearing or filing a “Petition for Review” on the license suspension. The route that the civil case will take is normally determined by whether an individual decided to give a chemical sample either by breath or by blood to the arresting officer or if that person decided to refuse such sample, such as refusing to give a breath test. Giving a breath test will normally result in the need to file an administrative hearing request and refusing to give a breath test will result in the need to file a petition for review. The administrative hearing request is based on a suspension or revocation. Under Missouri DWI laws, if [...]

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Tools to Combat Zombie Debt

Raymond Chandler — Thu, 18 Oct 2012 19:35:54 +0000

In a recent opinion released by the Supreme Court of Missouri, a new tool was given to consumers facing lawsuits by zombie debt collectors. In CACH v. Askew, a consumer was facing a lawsuit by a debt collection company that had purchased an old debt from the previous credit card account holders. The collection company was the third in line to have claim against the debt owed by the consumer. Bringing suit in St. Louis County, the plaintiff’s eventually won a judgment against the debtors for over $6,000. The case was then appealed on the grounds of standing. In order for a debt collector to sue a consumer, the company must show that they have standing to sue. Or in other words, they must show that they are the entity that is owed the money. Most of the time this is shown by records indicating a transfer of the account between debt companies. In Cach, the plaintiff produced a record showing the sale of the account between parties. The trial court allowed the record in as an exception to the hearsay rule due to the business records exception as allowed in Missouri Statute 490.680. After appeal, the Supreme Court overturned this ruling. Stating that in fact, the witness for CACH was not familiar enough with the records of the other organizations and therefore was not able to provide a proper foundation for admission of the records of sale. Without this piece of evidence, the plaintiff was unable to show a chain of title, and therefore unable to show that they in fact had standing to bring the suit against the defendant consumers. For those interested in a more in-depth analysis of the law (much more), [...]

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The Costs of a DWI

Raymond Chandler — Wed, 17 Oct 2012 20:13:54 +0000

In the St. Louis area and throughout Missouri this weekend many people will be attending New Year’s Eve parties and enjoying the company of others and quite possibly some alcoholic beverages. One thing to keep in mind over the holiday weekend, and throughout the New Year, is the cost of drinking and driving. Putting aside the overall dangers of drinking and driving I wanted to provide a glimpse into just the financial costs of getting a typical first time DWI in the State of Missouri. Looking at just the costs of receiving a ticket for a DWI, one can easily see that the alternatives are much cheaper. Small disclaimer: all figure are approximations, every case is different, and no DWI case is actually “typical”. So take the numbers with a grain of salt and look at the bigger picture. Typical Costs for a First Time DWI Fines: up to $500 In Missouri your typical first time DWI is considered a Class B Misdemeanor, which carries with it a punishment of up to $500 in fines, as well as up to 6 months in jail. However, in most cases a first time offender will not receive a only a fine, and will typically be placed on probation for up to two years for the first DWI. Court Costs: $100 or more As with every court case, from simple speeding tickets to more complicated felony criminal charges, there will be court costs associated with the case that must be paid at the conclusion. Probation Fees: $600 Most probation terms handed down by the court are for a period of 2 years. These individuals are normally supervised by a private probation company in the St. Louis area and [...]

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