Adam Woody Law

What is a Class A Felony in Missouri?

The Class A Felony is the highest level of classification of crime in the State of Missouri. This is the highest of the high, the most serious level of crime.

This includes cases like Murder in the First Degree, Murder in the Second Degree, Robbery in the First Degree and some drug crimes like Trafficking in the First Degree.

From a lawyer’s point of view these big cases are what the big time lawyers live for. Can they be technical? Yes, but rarely so. It is a common saying that from a legal point of view a DWI can be more difficult to try in a technical point of view than a homicide. There is a lot more science and need for precision in analyzing Standardized Field Sobriety Tests, Breathalyzers and the expert witnesses the officers are holding themselves out to be. Robberies cases do not tend to be scientific in nature. They tend to be more fact base. That makes it less likely to find a technicality to get you or your loved one out of hot water. You need good lawyering more in these high end cases than a routine DWI.

Why do the big time lawyers want these big cases? These cases can be true life changers. These cases are the ones that decide if you are going to be there for your family for the next 10, 20 or 30 years; if you are going to be able to see your five-year-old graduate from high school, or get married, or have kids of their own. These are big time stakes. Big time players want the ball.

You need to be looking for the right kind of attorney to deal with these high end cases. Some of the things you should be looking for in an attorney if you or a family member has been charged with this sort of crime.

Having the compassion to deal with the client and their family. Taking time to explain the situation to them. To talk about the facts. Do they take phone calls and return phone calls?

  • Having the knowledge to deal with the legal issue. To be able to spot where the prosecutor went too far or the detective asked one too many questions. Are they straight out of law school? Are they looking at 1970 law? You need someone up to date but still having the experience.
  • Having the experience to know how the Judge is likely to rule. To be able to predict what is going to happen.
  • Do they try cases? Winning is good, but trying cases is the important part. I once worked for an attorney that said there are two types of attorneys: Cryers and Tryers. If you have a Tryer on your side, you will always beat the Cryer. Being able to stand up and hold the line is an important part of our legal system. Make sure you hire someone that is not afraid to hold that line for you.

Why do you need this kind of lawyer? Because the Revised Statutes of the State of Missouri (RSMo) states that a Class A Felony shall have the punishment as follows:

558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:

 For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;

Additionally, if you are charged with Murder in the First Degree, the death penalty is also on the table. The stakes do not get higher than this.

Class A felonies will determine the way you live your life for a very long time to come. Do not leave it up to chance.

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Missouri in the Middle When it Comes to DUI Strictness

blue united states map with borders around each state

 

Many consequences could come out of being accused of drunk driving. Multiple factors impact what specific things a person who has had DUI charges brought against them could face if a conviction is ultimately reached in their case. This is because each state has its own particular laws regarding drunk driving, including what actions can be taken against those charged with DUI and those convicted of DUI.

Among the ways states vary when it comes to DUI law is in the strictness of the laws they have. A recent set of state rankings put Missouri solidly in the middle when it comes to overall DUI strictness. In these rankings, done by WalletHub, Missouri was in a three-way tie for the No. 25 spot. The states that Missouri tied with were New Hampshire and South Carolina.

While the rankings found Missouri to be middle-of-the-road overall when it comes to how strict its DUI laws are, there was one general class of DUI-related things that the report rated Missouri to be very strict on. This was DUI prevention.

DUI prevention was one of the two main categories of metrics that were used for determining the overall rankings. The other was criminal penalties. Metrics which fell into the prevention category included a state’s laws and practices on things like: alcohol abuse assessment/treatment, ignition interlock devices, enforcement tactics and license suspension.

When it came to the prevention category, Missouri ranked 7th in the nation in strictness. In comparison, it ranked 39th in the criminal penalties category.

As a note, what sort of DUI prevention measures they could be subject to after being charged with or convicted of a drunk driving crime can have very big impacts on a person, just as the potential criminal fines and jail sentences they could face can.

Experienced Missouri DUI lawyers can assist individuals accused of drunk driving in the state with taking the unique aspects of Missouri DUI law (including its laws related to drunk driving prevention) into account in their defense efforts.

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Robot, Do You Know Why I Stopped You?

Why Police Might Pull Over Self Driving Cars

We may not be too many years away from the point where self-driving cars become a regular presence out on the roads. Such a shift in the type of vehicles being used would likely bring many big changes along with it. Among these changes are changes when it comes to traffic tickets.

A large portion of the typical traffic tickets currently issued are tickets for types of driving conduct (like speeding). Self-driving cars, by taking human drivers out of the equation, might take a lot of these typical reasons for police issuing traffic tickets off of the table. So, the advent of self-driving cars could perhaps bring about a big drop in many typical types of traffic tickets.

However, self-driving cars are unlikely to mean the end of traffic tickets.

For one, self-driving cars, at least in the near-term, will likely have some sort of override feature. So, traditional types of traffic tickets could still be issued for alleged traffic violations committed by human drivers when they were in an override mode and in control of the normally self-driving vehicle.

Also, not all traffic tickets are for driving conduct. For example, tickets are sometimes issued for things such as vehicle equipment problems or failing to wear a seatbelt. Many of these non-driving-conduct traffic tickets would likely remain possibilities after cars turn autonomous.

Self-driving cars could perhaps even lead to their being some new types of equipment-related traffic tickets. If self-driving cars become commonplace, it seems likely that there would be various regulations and rules put in place regarding what kinds of autonomous equipment such cars are to have and the maintenance of such equipment. One wonders if violations of such rules/requirements could become ticketable offenses.

So, while self-driving cars could end up bringing about some big changes when it comes to traffic tickets, traffic tickets are unlikely to completely disappear anytime soon as things individuals could potentially end up facing.

Experienced traffic ticket attorneys can help individuals who have been issued traffic tickets, whether for driving or non-driving conduct, with understanding what options they might have regarding fighting their ticket.

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What to do If You Are Pulled Over for Suspected DWI in Missouri

What you do and don’t do after a DWI stop can affect the outcome of your case. Your actions or those of the police may enable your DWI defense attorney to obtain a dismissal of the charge or another positive outcome.

After You Are Stopped By The Police

If you have been drinking and are pulled over, keep the following in mind during your interaction with the police officer:

  • Be respectful and cooperative — Hostility or rudeness will only invite increased scrutiny by the officer. Be polite and responsive to the officer’s questions.
  • Remember that you are probably on camera — Many DWI stops in Missouri are recorded by squad car videos. This video can provide evidence that supports the officer’s decision to arrest you. Be mindful of this fact and behave appropriately.
  • You have the right to remain silent — Provide the officer with your driver’s license and insurance card. But don’t answer any questions regarding your consumption of alcohol or admit that you have been at a bar. At this point, the officer is looking for information that will allow him or her to continue the investigation to find evidence against you. The less information you provide, the more difficult the officer’s task is.
  • Field sobriety tests — In asking you to perform these tests, the officer is looking for evidence that you are impaired. Respectfully decline to perform field sobriety tests. If he or she presses you to perform these tests, restate your refusal in polite language.
  • Do not submit to a portable breath test — The results from this hand-held device can provide probable cause for the police to arrest you. Refusing to take a portable breath test does not violate Missouri’s implied consent law.
  • Get legal help as soon as possible — If you refuse to perform field sobriety tests or take a portable breath test, you may be transported to a police station and asked to take an official breath test. At that point, should you take the breath test? That is a complicated issue that depends on the specific circumstances of your case. You should obtain advice from an experienced DWI defense attorney.
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Here’s What Happens When Your Uber Driver Gets a DUI

front view of a car driving fast at night

When Katie Gallion’s Uber driver started swerving across the road’s rumble strips only 15 minutes into her ride near Durham, North Carolina, on June 3, she decided to give him a pass. At 10 p.m., it was dark outside and raining hard, she told BuzzFeed News. She didn’t know he’d polished off four beers before starting to drive for Uber that night.

When the car crossed over a grass median, coming precariously close to the oncoming traffic lane, Gallion began considering her options. “I was getting really scared and contemplating that maybe I should nicely ask him to pull over,” the 33-year-old pharmacist said.

But she waited, and after turning onto a two-lane country road, the driver veered off the road and into a ditch, where the ride continued. “I was a crying mess, thinking, Oh my god, what if he doesn’t let me out of the car?” Gallion said. “Then I yelled, ‘What is going on? Let me out!’”

Finally, the driver pulled into the parking lot of a closed minimart and let Gallion out of the car. “I’m a good driver,” Gallion said he told her in a halfhearted attempt to convince her to continue the ride. Then he offered to call her another Uber.

Gallion called a friend instead, and together they called Wake County police. “I really could have died,” Gallion said. “I don’t know what would’ve happened … if I didn’t get out of the car.”

Gallion’s Uber driver was arrested for driving while impaired at 11:09 p.m. — about an hour after her ride began. According to Wake County Superior Court records, he had a blood alcohol level of 0.15 — nearly four times the .04 legal limit for commercial drivers. The driver, who had no prior arrest record, was also charged with failure to heed a light or siren.

Reached for comment, Gallion’s Uber driver told BuzzFeed News he had accepted one other fare on the night of the incident. He said his memory of Gallion’s ride is unclear. “I remember knowing that she was uncomfortable and it was raining,” he said.


Gallion reported the incident to Uber at around 1 a.m., after reaching her friend’s house. About 12 hours later, the company responded with a boilerplate email and a refund of $69.24 for her ride. In a follow-up phone call, a company representative told Gallion it was “working diligently” to investigate the incident but could not discuss it in detail because of its privacy policy. She asked if he had been deactivated. Uber declined to tell her, citing a company mandate “to respect the privacy of all users.”

“Uber has a zero tolerance policy for the use of drugs and alcohol, and upon learning of these allegations, we immediately removed the driver’s access to the platform,” an Uber spokesperson told BuzzFeed News. Uber said this driver in particular had no prior safety complaints and was “highly rated.


BuzzFeed News reported in March that screenshots of Uber’s internal customer support platform showed the company’s instructions for how representatives should handle incidents involving alcohol and drug use. “If rider does not wish to escalate with LE (law enforcement) or media, follow strike system, issue warning, and resolve without escalating.” Under resolution suggestions, the screenshot showed that for the “1st strike,” customer service representatives were instructed to issue a “final warning,” and to permanently ban drivers at strike two.

Emails provided to BuzzFeed News show that Uber first reached out to Gallion’s driver by email at 1 p.m. the following day, about 12 hours after she reported him to the company for drunk driving. Unable to reach him over the phone (he was in jail), a company representative asked the driver when he was available discuss a “concerning report” by phone. When he checked his Uber app, he saw he had already lost access to the platform.

The next day, June 5, Uber conducted a brief interview during which Gallion’s driver was asked to review the details of the allegations against him. The driver told BuzzFeed News that he confirmed to Uber that he had indeed been arrested for driving under the influence. The following day he received an email notification from Uber saying he’d been deactivated and his “partnership” with the company ended. “They handled it quickly,” the driver said.

This isn’t the first time an Uber driver has been arrested for driving under the influence. That said, Uber notes that ride-hailing can be a wise alternative to driving after drinking. According to a study the company conducted with the nonprofit group Mothers Against Drunk Driving, Uber’s entry into a number of markets correlated with subsequent declines in DUI arrests.

Uber says it depends on riders to rate drivers and provide feedback, which its safety team reviews. “Uber may also deactivate a driver who receives several unconfirmed complaints of drug or alcohol use,” the ride-hail giant’s deactivation policy reads. The company told BuzzFeed it has a team of former law enforcement professionals on staff to help with police investigations. When BuzzFeed News asked if it has a system for learning about drivers’ law enforcement incidents instead of just relying on riders’ alerts, Uber said in some states background checks are “periodically” updated. Uber did not respond when asked if North Carolina is included among those states.

On Wednesday, Uber announced it is piloting app features aimed at making rides safer. In several markets across the U.S., drivers will receive daily reports on their braking, acceleration, and navigation. The goal, Uber told BuzzFeed, is to lay the groundwork to eventually create a system that gives the company real-time alerts about erratic drivers.

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Pot Breathalyzers are Being Tested By Law Enforcement

With the number of states that have passed recreational marijuana laws, the need to detect stoned drivers has increased. Technology companies have come to the rescue, creating devices to detect whether an individual has recently smoked or ingested marijuana. While the devices are still undergoing testing, one researcher, who happens to be a volunteer officer, has begun field testing. Like the alcohol breathalyzers that are commonplace, the marijuana breathalyzer detects the active ingredient, THC, in an individual’s breath. Based on the reading provided, an officer will be able to tell if a person has recently ingested or smoked marijuana. However, unlike alcohol, where there have been countless studies regarding the point of impairment, the research in regards to marijuana is lacking.

Why Does Law Enforcement Need a Pot Breathalyzer?

Marijuana, unlike alcohol, cannot be as accurately detected in urine, saliva, or blood tests. While it will show up in all three tests, the problem is that it can show up for days, weeks, or even months after the last consumption. The breathalyzer serves to bridge the gap in evidence an officer would need, not just to make an arrest, but also to make a court conviction more probable. The pot breathalyzer would allow officers to premise an arrest for DUI on marijuana based not only on a field sobriety test, but also on a breathalyzer reading that shows the driver has consumed marijuana within the last few hours. The device cannot detect marijuana use beyond a few hours.

When Will Device Go to Market?

While nearly half the country now allows either medical or recreational marijuana, the pot breathalyzers are not set to be publicly available for some time. The manufacturers are trying to rush the product to market, but more time is still needed. The devices still need to go through rigorous testing for accuracy, as well as the development of a standardized scale for when a person should be considered inebriated by marijuana. Just like many states have adopted the 0.08% BAC standard, a similar standard will need to be developed for marijuana before these devices can actually be effective.

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Do I Have to Live with a DWI for the Rest of My Life?

Having a “driving while intoxicated” charge on your record could seriously hinder future endeavors. It may be hard to get a good job, an apartment or even a loan. Thankfully, drivers in Missouri often have the opportunity to have this charge expunged from their record. This means it will not show up on background checks. There are certain requirements that must be met, however.

Missouri state law has a specific statute regarding DWI expungement. It falls under the same category as misdemeanors and nonviolent felonies. In order to have the charge expunged, it must be the driver’s first — and only — alcohol-related driving offense. Similarly, you cannot have any alcohol-related driving charges pending. Second, you must have been charged with a misdemeanor, not a felony. The charge must also be at least 10 years old in order to be considered.

If the expungement is granted, the driver essentially gets to start over record-wise. The state essentially eliminates the charge as if it never happened. In some states, drivers must legally answer “Yes” if an application asks if they have ever been charged with a DWI or DUI. But in Missouri, you can truthfully answer “No.”

For someone who made one unwise mistake in their younger driving years, Missouri’s expungement laws are a boon. For drivers who are currently facing a misdemeanor or criminal charges for driving while intoxicated, it may be beneficial to contact a criminal law attorney immediately. They may be able to fight the courts on your behalf.

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Cheating the Breathalyzer: Urban Legends

In fear of failing a breathalyzer test, many people over the years have tried and failed to successfully discover a means of being able to cheat the test. Many urban legends exist as to how one can actually consume a level of alcohol which is over the legal limit yet still pass a breathalyzer test when stopped by the cops. However, no matter how believable these “success stories” may sound, you can bet that they are actually false.

A common misconception is if the alcohol cannot be smelled from your breath, then you will not fail a breathalyzer test. This had led to people drinking alcohol which left a minimal odour on your breath or chewing gum or mints to hide the smell of alcohol in the belief that would pass should they be pulled over for a breathalyzer test. Unfortunately, the smell of alcohol on your breath will do nothing to affect the results of the test. A breathalyser will still be able to discover your blood alcohol content.

Similarly, if you think a mouthful of mouth wash or some breath spray will do the trick, think again. Most mouthwashes and breath sprays actually contain levels of alcohol so essentially, all that you will be doing is further adding to the level of alcohol in your system. Another common urban legend involves sticking pennies or one cent coins under the tongue to try and cheat a breathalyzer test. The general thought beyond this claim is that the copper in the pennies or coins can somehow counteract the presence of alcohol. This however is completely false – and in fact, U.S. one cent coins are actually largely made of zinc. In truth, you are probably just putting yourself at risk of choking on coins or absorbing dangerously high levels of zinc!

There have also been many bizarre stories about how one can successfully cheat a breathalyzer test by stuffing crazy things in your mouth. Do not even bother putting yourself through the embarassment and hassle of doing such a thing because you will undoubtedly still fail the test. Although you might provide a source of amusement for your arresting police officers! Despite what people may think, stopping off for some fast food and a coffee will not affect the results of the test either. It may satisfy your intense hunger or thirst but absorbing food or drink will not lower your breath alcohol levels.

Finally, holding your breath before taking the test or belching into the device are also believed to be “successful” ways of cheating a breathalyser test. Unfortunately guys, this is merely an urban myth. By holding your breath before the test, you could actually be even allowing further amounts of alcohol to enter your lungs which can result in a higher reading.

Do you know what the only truly successful way of a cheating a breathalyzer test is? Abstaining from alcohol before driving! Do not ever try to “guess” if you are over the legal alcohol limit to drive. If you intend on having a drink, you need to bring a personal breathalyser with you to test yourself before deciding whether to drive home. If your reading is over the limit, it is time to start flagging down a cab.

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Keeping New Year’s Eve DWI Free

a man holding a class of alcohol with car keys in hand. there is a clock turning midnight in the background

New Year’s Eve is the second most likely night for people to receive a DWI charge. Only Thanksgiving sees more DWIs than New Year’s, and the accident rates soar during this time of year, according to official sources. However, it is important to remember that DWIs can happen at any time, and the same rules for keeping New Year’s Eve safe and DWI free apply throughout the year as well.

A DWI conviction can have many life changing consequences including:

  • Having an arrest record
  • Incurring expensive fines
  • Serving jail time
  • Being placed on probation
  • Being required to install an ignition interlock device
  • Being forced to attend mandatory counseling or education classes

A DWI conviction has a serious impact on your life. It is much easier for you to avoid a DWI altogether than to deal with the consequences of such a charge.

What Can I Do To Avoid a DUI Charge?

There are no magic formulas to help you avoid a DWI. Common sense is the best weapon you have in the fight against a DWI charge, but sometimes a bit of knowledge about how the system works can also be beneficial. Here are some tips for avoiding DWI charges:

  • Designated drivers do not get DWIs. It is a simple fact that a designated driver who consumes no alcohol is the best defense against a DWI charge. It is also the best way for you and your friends to stay safe when you are out enjoying the evening. You could also arrange for a cab or other transportation.
  • The less said, the better. It is important not to talk too much to police officers when you are pulled over for any infraction. Police officers are trained to talk to you and get you to say things that can then be used as they build a case against you. While police officers are just doing their jobs, they are not your friends when you are pulled over and you should try to avoid talking to them too much, no matter how polite or nice they seem to be.
  • Call an attorney. If you are charged with DWI, an experienced DWI attorney is your best bet for reduction or dismissal of the charges.

Contact me,  Adam Woody, at The Law Office of Adam Woody if you are arrested or booked on DWI charges. I’m here to fight for you.

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Driving Under the Influence of… Caffeine?

California Man Fights DUI Charge for Driving Under Influence of Caffeine
coffee beans spilled around a coffee cup with the chemistry symbol for caffeine in the cup

 

San Francisco, CA. Dec. 24 – Caffeine may be the “nootropic” brain drug of choice in Silicon Valley, but an hour’s drive north in Solano County, California, the stimulant could get you charged with driving under the influence.

That is according to defense attorney Stacey Barrett, speaking on behalf of her client, Joseph Schwab. After being pulled over on 5 August 2015, Schwab was charged by the Solano County district attorney with misdemeanor driving under the influence of a drug.

Almost 18 months later, Schwab is preparing to go to trial. The only evidence the DA has provided of his intoxication is a blood test showing the presence of caffeine.

Schwab was driving home from work when he was pulled over by an agent from the California department of alcoholic beverage control, who was driving an unmarked vehicle. The agent said Schwab had cut her off and was driving erratically.

The 36-year-old union glazier was given a breathalyzer test which showed a 0.00% blood alcohol level, his attorney said. He was booked into county jail and had his blood drawn, but the resulting toxicology report came back negative for benzodiazepines, cocaine, opiates, THC, carisoprodol (a muscle relaxant), methamphetamine/MDMA, oxycodone, and zolpidem…

“It’s really stupid,” said Jeffrey Zehnder, a forensic toxicologist who frequently testifies in court cases. Over 41 years, Zehnder said, he had never seen a prosecution for driving under the influence of caffeine…

California vehicle code defines a “drug” as any substance besides alcohol that could affect a person in a manner that would “impair, to an appreciable degree” his ability to drive normally.

Making that case with caffeine would be difficult, Zehnder said, because the prosecutor would have to show that impaired driving was specifically caused by the caffeine and not any other circumstances.

“There are no studies that demonstrate that driving is impaired by caffeine, and they don’t do the studies, because no one cares about caffeine,” he said.

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