The question we, as traffic lawyers, seem to get more than any other, is if I am pulled over for a DUI, should I take the breath test? The short answer to that question is, it depends. Sounds just like a lawyer doesn’t it? Well unfortunately, it is the only answer that makes any sense. Let me explain. First of all, the general rule is if you think you can pass the test, you should take the test. The reason why, is that usually the civil (driver’s license) penalties are more severe if you refuse the test than if you take the test and fail. This is true in both Kansas and Missouri, atleast on a first offense. However, there are exceptions.
Wow, this was a very compelling video shown this morning on the Today Show where a 22 year old man confesses to killing a man on this highway while he was DUI and driving the wrong way. His confession apparently takes place on YouTube and he seems very remorseful for his actions. Clearly he still needs to face the music for his crime, but it is refreshing to see someone take responsibility for his actions and want to make it right (as much as you can when you kill someone).
A judge in Cleveland chooses an interesting sentence for a man that was convicted of threatening police on a 911 line. The man said he was drunk at the time and didn't really know what he was doing but the Judge thought humiliation might be the best type of sentence. He had to write a sign of apology and stand outside the Cleveland police station for 3 hours a day for a week. What do you think of this public form of punishment?
Wow! A guy in St. Louis County is recently looking at DWI charges for at least the 11th time. 11th St. Louis DWI And these are just the ones we know about. He is out on $100,000 bond which means they are somewhat concerned for the public safety and that he is a flight risk. What do you do with a guy like that? Clearly he is gone to jail at different points over the last few convictions but he still keeps reoffending
The Overland Park police department is not happy with a lot of personnel issues going on in the department. After being given a recent survey by the OP Fraternal Order of Police, the results were pretty dismal. A huge majority of police officers did not believe there are enough officers on the street, nor that they are adequately trained to handle the situations that they encounter. Presumably this would include traffic law stops that they make for DUI, speeding tickets, and other criminal cases.
Should the BAC limit be lowered for those who drink and drive? This is a difficult question depending on your stage of life and the experiences you've had. If you have had a relative or friend killed or injured by a drunk driver, then there is probably a pretty high likelihood that you would want stricter limits on driving while having had some level of alcohol in your system. However, if you are someone that wants to have an occasional drink or some drinks and want to be able to drive to a bar or party, you may be against the prospect of barely being able to have one drink and be over the legal limit.