Why Do I Have Two Court Cases From One DWI?

Posted on by
1

DWI arrest can lead to creation of two cases for your DWI AttorneyFor 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 an individual’s blood alcohol content is determined through a chemical test; blood, breath or urine, to be over the legal limit of .08, then the Department of Revenue (the overseeing agency of driver licenses) will issue an automatic suspension/revocation of that person’s license.  This automatic suspension/revocation can only be postponed by appealing through the administrative hearing process.  After the hearing an individual may still face suspension/revocation based on the facts, but this will at least ensure that their rights are protected properly.

During the administrative hearing, a qualified and experienced DWI attorney should review the actions of the arresting officer to determine if the Department of Revenue has enough proper information to issue the suspension/revocation and bring any failures to the attention of the judge overseeing the hearing.  Most importantly though, this appeal must be filed with the Department of Revenue within 15 days of receiving a DWI citation.  Thus, it important to consult with an attorney soon after being arrested for DWI.

A petition for review is similar in the fact that it brings before a judge the actions of the officer making the arrest for DWI to determine if all proper protocols and laws were followed before allowing the Department of Revenue to revoke the accused’s license for a year.

Under Missouri DWI law, a driver that refuses to submit to an alcohol or drug test requested by an arresting law enforcement officer will be subject to a revocation of their license for a year.  Again, this revocation, like the administrative suspension/revocation for blowing over the limit, can be appealed within the first 15 days and the driver may receive an order from the court temporarily staying the revocation so the driver may continue to drive according to state laws until completion of the case.  Again, after the petition is heard by the court, a driver may still face the revocation, but can do so knowing that all steps were taken to protect his or her license.

While most people worry more about the criminal charges they are facing after being arrested for a DWI, it is also important to be informed about the civil matters surround a driver’s license.  As previously mentioned, it is also vitally important to contact a lawyer within the 15 day limit, or even the best Missouri DWI attorney will have his or her hands tied in helping with protecting the driver’s rights.

- by Raymond Chandler 2KVZ45RYZUWJ

Missouri Supreme Court Ruling Gives Hope to Those Sued by Zombie Debt Collectors

Posted on by
1

Photo by Andrew Magill, via Flickr

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), please read the very well written opinion by Judge Fischer at the Supreme Court’s Website.

So, what does this mean for Joe and Jane Public?

It means first and foremost that it is more important than ever to speak with a qualified consumer debt attorney when being sued on an old credit card account.  Along with the traditional defenses, including statues of limitations, we now have another tool to use in the fight against zombie debt. It means that it is more important now to look through the paperwork that is provided in any lawsuit by the third, or fourth purchaser of debt to determine if that collection agency even has standing to bring the suit that they have brought.  It is important that your lawyer understand the rules of evidence and the impact that old, outdated, business records may have on your case.

Overall, it means that there is still hope when the sheriff shows up to your doorstep with a summons to court because you are being sued on and old credit card debt.

- by Raymond Chandler

Are you protected by the U.S. Court System?

Posted on by
Reply

Court protect individuals from personal injuryFlipping 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, we even assume that the coffee we receive at a fast food chain will not be put in a faulty cup and be hot enough to cause third degree burns.

Why are we able to make these assumptions?  In no small part, we owe this to the U.S. Court System and its ability to grant civil justice.  In the United States, when a person is injured by the negligence of a corporation or another person, the injured party is able to sue those causing the injuries in court to recover damages for such injuries.  This means that a business that decides to put out a ride, a product, a drug, or serve coffee, must look at the ramifications of doing so in a negligent fashion.  If that corporation or business decides to be lax in its protection of consumers it can face jury awards in the thousands or even millions of dollars.  This creates a large incentive for businesses to make sure that they follow proper safety procedures and keep from harming consumers or they must face the consequences.

So remember, before you bemoan the overly judicious society, the person filing a lawsuit to recover from their injuries today may be helping to create a safer environment for you tomorrow.

- by Raymond Chandler

The Cost of a DWI

Posted on by
Reply

Don't let your drink costs you too much!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 thus, it is up to the individual to pay for such fees associated with the private probation office’s supervision.

SATOP:  $505 – $1381
SATOP, or Substance Abuse Traffic Offender’s Program, is a typical requirement, not  only of the probation handed down by the court, but also of the Department of Revenue in order to renew a license after a DWI suspension.  There are multiple levels of SATOP that an individual can be placed into and the costs are dependent on which level is required.

VIP: $45
A VIP program, or Victims Impact Panel, is also a typical requirement of probation.

Misc. Costs for the Criminal case:
Other costs associated with a DWI could include a SCRAM device required by the court during Probation which costs approximately $12 a day to use.  The court may also require an individual to install an Ignition Interlock Device on his or her vehicle which can cost   around $75 a month to use.  In some cases, an individual arrested for driving under the influence or while impaired may also be required to pay a bond to get released from jail after being arrested.  An individual’s car may also be towed adding storage and recovery fees to the costs of a DWI. Some individuals may also be ordered to do community service by the court which may take away time from work.

Misc. Costs Non-Criminal:
In addition to the criminal costs of a DWI, there are intangible costs which will impact an individual including:

  • Lost wages due to court dates or jail time
  • Insurance premiums increased
  • Suspension of license, from 90 days to a year
  • Cost of seeking transportation if license is suspended

Attorney Fees: from $1000 and up
Of course, we can’t forget about the Attorney Fees.  A DWI is a serious and complicated charge.  This is not a type of case that one would want to handle on their own.  It is important that someone charged with a DWI seek the help of a qualified and experienced attorney.  Of course, attorneys do not work for free, so this is another cost to be factored into the cost of a DWI.

TOTAL COSTS:  At least $2500!

Looking at just some of the costs, including a small fine, probation, Level 1 of SATOP and the low end of the attorney fees, an individual is looking at costs of at least $2500. This is for a first time offense, no accident and no additional tickets being issued.  Most first time DWI’s will cost much more than this.  Meaning, that $8 martini you have to top off the night might end up costing a lot more in the long run.

The Alternatives

Does this mean you can’t have fun on New Year’s Eve?  Of course not!  There are a variety of alternatives that will end up costing a lot less than receiving a DWI from your local law enforcement.

Taxi or Transportation Services: Extreme case: $140
“Taking a Cab” is probably the most widely used alternative to driving while intoxicated.  Typical taxi fares can run between $10-$40 depending on the length of the ride and number of passengers, much cheaper than the $2500 costs of a DWI.

But let’s look at the extreme case:  According to Google Maps, the distance to drive from the St. Louis Arch all the way out to Troy, Missouri in Lincoln County is close to 60 miles.  Looking at some typical fares and rates around the St. Louis area, this 60 mile trip would run around $140 not including gratuity (and you better tip well for a 60 mile drive).  So, even in an extreme case of downtown St. Louis to 60 miles away, an individual would save over $2300 by taking a cab home instead of receiving a DWI ticket.

Add to this fact that numerous companies are offering free taxi services on New Year’s Eve and it’s a no-brainer.

Hotel: Extreme Case: $259
Want to enjoy the New Year and have even less to worry about: book a hotel!  With all the options of finding a hotel online now days it’s hard to tell you the typical price of a night’s stay.  So, again, we’ll look at an extreme case: a 5 star hotel in downtown St. Louis.  Doing a quick search shows the price of one night on the weekend to be roughly $259 a night.  A stay at one of the nicest hotels in St. Louis nets a savings of roughly $2200 over a DWI ticket.

Bottom-line: Don’t Drink and Drive

Plan ahead this year and have a plan for getting where you need to be after the festivities are over.  Spending a little more on your night out could save you lots of money, aggravation and embarrassment in the long run.  More importantly, it could save your life or the life of another.

- by Raymond Chandler