Will People Be Able to See My Criminal Case Online?

Look, I get it, you are embarrassed about what you are going through. You do not want people to know about that DWI that you are dealing with. Or that Misdemeanor Assault. You do not want your employer to find out about it and you certainly do not want your mom finding it. So, will they see it?

Believe it or not this is a simple and complicated question at the same time. In the practice of law there are a lot of moving parts. Some of those moving parts are easy to predict and some are much more difficult. I am going to start with some broad statements that are generally true and then move into the specifics on what my experience has shown.

 

The first undeniable truth that you will need to accept is that we live in a digital age. Everything is recorded and placed on the web. Some things are easy to find and some things are very very hard to find, but they are out there. So, the first thing that you will need to consider is who is looking and how hard are they trying to find something. There is a FBI list called the NCIC. This is the National Crime Information Center which is a computerized database of documented criminal justice information available to virtually every law enforcement agency nationwide, 24 hours a day, 365 days a year. If a cop pulls you over, this is one of the things he or she is checking on back at their car. That list shows every arrest, plea and conviction on your record. So if you have been arrested for an assault on law enforcement officer in the past, even if that charge never went anywhere, the cop IS going to treat you different. But Grandma is going to have a hard time finding you on the NCIC.

 

The second issue is Casenet. You can find that here: Casenet. This is going to be where every person charged with a STATE offense will be shown. (example: State of Missouri v. John Doe). Whether it is a speeding ticket to a DUI to a murder charge, you are going to be on here. People get confused about this in regard to being charged in Greene County. This is considered a State Charge. Some municipal charges are on Casenet as well. That depends on the City. For instance, Springfield Municipal is NOT on Casenet, but the City of Nixa is on there. You may eventually come off of Casenet if you receive a SIS or you win your case at trial. Additionally, there is a very rare thing that can be done at the discretion of the Court which would change the clearance level of those that can see you on Casenet. That rarely happens in Criminal Cases and is more likely in the Family Court setting.

 

The third issue is all the mugshot websites. This is a hard one. Every time you pull one down it seems that a new one pops up. If money is not an issue, go ahead and spend away to have these pictures pulled down. I have a hard time telling my clients to do it because your picture will roll off the front page in a few hours. After that, you can look people up by their last name, but the websites are so bad it takes forever to even pull up the picture. It is your money and you can spend it how you want. I DO know that if I call as an attorney to pull your picture down they charge me more than they would charge you to do it yourself.

 

The fourth issue is going to be your driving record. Anyone with $8 and clearance through the State of Missouri can order your driving record and find every speeding ticket and DUI and administrative action you have. There is no protecting against this, but know that Grandma will likely not have that ability. Jobs on the other hand will…

 

Will your employer see the criminal charge? I do not know for sure. Why are they looking? Are they looking for a reason to let you go? Then they will find one and it does not have to be for this. Are they looking because their insurance needs an update on your driving record? They will find any driving offense (including a DUI) with a driving record.

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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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DUI and DWI True or False

“If I am pulled over and an officer asks me to take field sobriety tests (FST’s), I have to comply”

False. Failure of FST’s is a strong piece of evidence for the government. Many people cannot pass these tests, even when having nothing to drink at all. When you take these tests you are, in most circumstances, simply giving the officer evidence that will later be used against you. Much like your right to remain silent, use your right to refuse FST’s!

“If I am asked to blow into a breathalyzer after being pulled over and arrested, I have to blow or I’ll lose my license for a year automatically”

False. Although the officer will tell you this, he or she is required by the Missouri “Implied Consent Law” to tell you this. The reality is that there are ways to fight the suspension that a good attorney can utilize. When you have consumed even a little bit of alcohol, you are in the grey area for blowing over .08% BAC. However, in many counties including Greene, officers will now seek warrants to draw your blood if you refuse.  If the blood draw comes back above .08%, that would potentially add another license suspension.  This suspension would be for 90 days rather than for one year, but your attorney would still have to fight the one year refusal suspension as well.

“If I blow high enough on a breathalyzer I have to go to jail”

This can be both true and false, depending on the circumstances. Under State law, if you blow over .15% BAC, you must do two days of “shock time” in the jail in order to keep the conviction off of your record. If the BAC is .20% the mandatory “shock time” goes up to five days. This mandatory jail time is only required in State court, however, not municipal court. It is also only required if you try to keep the conviction off of your record with what is called a “suspended imposition of sentence”. All of this is contingent of course on you pleading guilty to the offense or being found guilty after a trial. If you choose to have a trial and are successful, none of this applies.

“If I blow under .08% BAC, I can’t be arrested or prosecuted”

False. Even if you bow under .08% BAC you can still be arrested and prosecuted for DWI. All the statute in Missouri says is that “a person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle in an intoxicated or drugged condition.” RSMO. Section 577.010 (2012). Therefore, if the prosecuting attorney believes he or she can prove that a person is “under the influence of alcohol” based on other evidence than the BAC, he or she can and will push forward with the prosecution regardless of the BAC under .08%. The prosecutor can also try to use “drug recognition” to prove that someone is impaired on a substance other than alcohol.

“If I’m in my driveway I can’t get a DWI”

False. If you are observed operating a motor vehicle anywhere, even in your own garage, you can get a DWI if the officer believes he or she has probable cause. Operation has been broadly defined by case law and can even include a person being behind the wheel of a vehicle that is turned off , as long as the keys are in the ignition and the engine is capable of running. Be careful! Even if you are trying to sleep it off, keep the keys in your pocket.

“There are different ways I can lose my license in a DWI case other than just being convicted of the DWI”

True. Besides just the criminal side of the case, which carries the possibility of a point suspension, there is also an administrative side of the case dealing specifically with your driving privilege and is against the Department of Revenue (DOR). There are multitude of different types of suspensions and lengths of suspensions. It is important that you consult an experienced and highly trained DWI attorney for all of your various details as it is a complicated process. You do not want to fight the Department of Revenue on your own. This is especially true if you have a commercial driver’s license (CDL) or if you have prior alcohol offenses.