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Employing an unusual but not untested tactic in defense against drunk driving charges, a Missouri man was acquitted by a jury of his DUI charges after testifying that he got drunk after crashing his car to keep warm, not before.

Thomas Drummond told the court he had been out with friends the night of the accident, reports The Southeast Missourian. While navigating icy conditions he missed a turn on an unfamiliar road, then attempted to turn around and drove into a culvert, he testified.

Drummond said he wasn’t intoxicated when he drove into the culvert but was two hours later when emergency workers and authorities arrived, the Missourian reports.

“It was the day before the Super Bowl and he had just done some shopping,” Defense Attorney Stephen Wilson said Monday. “It was 32 degrees or colder out and he had brandy in the car, so he kept warm.”

Earlier this year, Bravo TV’s Real Housewives of New Jersey star Joe Giudice made similar claims when he flipped his pickup truck late one night. After crawling out of his destroyed Ford truck, Giudice said on the TV show that he had a couple of shots of whiskey with friends who happened to live nearby to calm his nerves before police and emergency crews arrived.

Regardless, police took custody of Giudice because of outstanding municipal warrants and charged him with a DUI, reports The Newark Star-Ledger.

Giudice was not as lucky as Drummond, however, as he was fined $864, had his driver’s license revoked for 12 months and was sentenced to 30 days of community service, reports the Examiner.

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KANSAS CITY, Mo. — Missouri law enforcement officials will start cracking down on those who get behind the wheel under the influence of alcohol and drugs.

It’s part of a new law that sets tougher regulations on DWI offenders. The new law is being coordinated with a statewide campaign whose slogan is “You drink, you drive, you lose.” The campaign will run from Aug. 20 to Sept. 6.

During the campaign, multiple law enforcement agencies will hit the streets setting up DUI checkpoints and searching out drunk drivers. Last year, 280 people were killed, more than 1,100 were seriously injured and nearly 4,000 people received minor injuries because of impaired drivers in Missouri, law enforcement officials said.

Those who are caught under the new law can expect more jail time for repeat offenders. and people with higher blood alcohol levels. Officials said more cases will go straight to state courts rather than being tried in municipal courts. The result will be stiffer penalties for violators. Officials said record keeping will be tightened making it easier to track past offenders.

Some offenders will be offered the opportunity to take part in a court program that will closely monitor them and make treatment available, rather than go to jail.

Last year, nearly 200 law enforcement agencies took part in the campaign. They issued nearly 1,000 DWI citations.

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Missouri lawmakers tonight approved an overhaul of the state’s drunken driving laws.

The House gave final approval to a bill that would require judges to consider prior drinking and driving incidents when sentencing people. The bill now goes to Gov. Jay Nixon, who had made it one of his priorities for the session.

The legislation was prompted by concerns that drunken driving punishments vary widely among counties and that some people are able to continue driving despite multiple arrests.

The bill outlines penalties for judges, law enforcement officers and prosecutors who don’t submit drunken driving information to the state crime registry.

It also would allow some offenders to avoid jail by completing a DUI treatment program.

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Legislation to overhaul the state’s drunken-driving laws has stalled in the Missouri House because of a technical glitch.

The House last week gave initial approval to a bill meant to increase penalties for repeat drunken-driving offenders. But now House Republicans say an amendment inadvertently gutted several key provisions, including stepped up penalties for drivers caught with a blood alcohol content of .15 or more.

The House could revote on several aspects of the bill, approve a broad amendment to change the language or wait to see what the Senate does with a similar measure.

“I feel confident we can get it done. It just may not be the traditional route,” said House Majority Leader Steven Tilley, R-Perryville.

Democratic Gov. Jay Nixon in December proposed an overhaul of how Missouri handles drunken-driving cases amid concerns about how some are prosecuted, punished and treated. Lawmakers from both parties joined Nixon in championing the proposal.

Supporters pointed to flaws in the current system, such as poor record-keeping and the failure of municipal courts to punish some drunken drivers and allow chronic offenders to keep driving.
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The St. Clair County Prosecutor’s office is changing the way it handles Driving Under the Influence cases after an assistant prosecutor failed to follow protocol.

State’s Attorney, Bob Haida, said he is making changes after learning an assistant prosecutor was violating office policy by routinely plea bargaining DUI cases.

Suspects who failed a breath test were supposed to have their driver’s license suspended, but were allowed to plead guilty, pay a fine and keep their license.

Haida listed the latest changes in a letter to the Belleville News Democrat after the newspaper reported the plea bargaining in a story in mid-February. After reviewing hundreds of prosecutions, Haida said he is now reassigning personnel, opening up lines of communication with police and putting more experienced prosecutors on DUI cases.

Haida said the assistant prosecutor who was plea bargaining cases resigned on February 16th.

Uh Oh! Looks like the party is over for all you DUI suspects, but the truth be told many times a plea bargain is a bad idea. I think many people would be astounded at the results a knowledgeable DUI lawyer can achieve.

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The Kansas City Missouri Police Department conducted a Sobriety Checkpoint on August 28, 2009 from 2300 hours to 0400 hours at 56th & Ward Parkway. Southbound traffic was checked with total of 494 vehicles stopped. A total number of 8 DUI arrests were made, along with 1 Possession of Marijuana, 2 Hazardous Moving Violations, 3 Other Traffic Violations, and 6 KC Warrants.

If you are convicted of a Missouri DUI you face the penalties of jail time, heft fines, prabation, suspension of your drivers license and mandatory DUI classes. Not to mention the embarrassment. Only a Kansas City DUI lawyer can help you avoid these penalties.

Kansas City DUI Lawyers

Lawyers specialzing in Missouri DUI law deal with DUI cases everyday. The good ones help there clients avoid a Missouri DUI conviction by investigating the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.

Top KC DUI lawyers have the experience and understanding to represent you if you have been charged with an alcohol related offense in Missouri. Contact a Kansas City, Missouri DUI lawyer today for a free consultation.

New Missouri DUI laws have been laid out and can go into affect as early as tomorrow.

HB 62 – Crime Bill

Under this bill Missouri DUI offenders will be required to submit to chemical testing regardless if the offender is driving a vehicle.

Five Year Denial

Any person who is found guilty of two DUI offenses within 5 years will be denied a driver’s license for 5 years after. The person will also waive the right to be represented by an attorney in subsequent offenses.

Consent to Chemical Test

The chemical test laws have changed for individuals under the age of 21. Any person who is underage and purchases, possesses, or is under the influence of alcohol, will have given implied consent to a chemical test or breath test.

This last law seems to be the most extreme. Implied consent while driving has long been understood to mean that a person receives a privilege to operate a vehicle, and that privilege may be removed at will of the state. By signing a driver’s license application, the person agrees to submit a chemical test or forfeit their driving privileges.

The Kansas City, Missouri Police Department will conduct a DUI checkpoint on the weekend of September 4-6, 2009 at a location in Kansas City, Missouri that is known for occurrence of DUI related crashes or DUI arrests. This checkpoint will be preceded with a briefing at the Agnes Police Facility, 1328 Agnes at 2300 hours Crime Scene KC reports.

If you are convicted of a Missouri DUI you face the penalties of jail time, heft fines, prabation, suspension of your drivers license and mandatory DUI classes. Not to mention the embarrassment. Only a Kansas City DUI lawyer can help you avoid these penalties.

Kansas City DUI Lawyers

Lawyers specialzing in Missouri DUI law deal with DUI cases everyday. The good ones help there clients avoid a Missouri DUI conviction by investigating the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.

Top KC DUI lawyers have the experience and understanding to represent you if you have been charged with an alcohol related offense in Missouri. Contact a Kansas City, Missouri DUI lawyer today for a free consultation.

The Kansas City Missouri Police Department, assisted by the Missouri State Highway Patrol conducted a Kansas City Sobriety Checkpoint on August 21, 2009 from 2200 hours to 0400 hours at I 35 & Chouteau.

Northbound traffic was checked with a total of 1721 vehicles stopped. A total number of 25 DUI arrests were made, along with 6 Driving While Suspended, 9 Other Traffic Violations, 1 City charge of Interfering, and 1 KC Warrant.

Have you been arrested for DUI in Kansas City, Missouri?

If you are convicted of a Missouri DUI you face the penalties of jail time, heft fines, prabation, suspension of your drivers license and mandatory DUI classes. Not to mention the embarrassment. Only a Kansas City DUI lawyer can help you avoid these penalties.

Kansas City DUI Lawyers

Lawyers specialzing in Missouri DUI law deal with DUI cases everyday. The good ones help there clients avoid a Missouri DUI conviction by investigating the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.

Top KC DUI lawyers have the experience and understanding to represent you if you have been charged with an alcohol related offense in Missouri. Contact a Kansas City, Missouri DUI lawyer today for a free consultation.

Missouri police conducted water sobriety checkpoints on the Lake of the Ozarks and Stockton Lake this past weekend.

97 boats were stopped at the four mile mark of Grandglaize Arm on the Lake of the Ozarks. 9 were arrest for Boating While Intoxicated (BWI)

Officials at the 11 mile mark on Stockton Lake stopped 29 boats, issued 21 warnings and no arrests were made.

The Missouri State Water Patrol says they set up these sobriety checkpoints a couple times a year to curb impaired boating. According to the Water Patrol, alcohol was a contributing factor in almost 40 percent of Missouri’s fatal and serious injury accidents last year.

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Missouri Drunk Driving Offenses

If you are convicted of a Missouri drinking and operating a vehicle offense you face the penalties of jail time, hefty fines, probation, suspension of your drivers license and mandatory drug rehabilitation classes. Not to mention the embarrassment. Only a Missouri DUI lawyer can help you avoid these penalties. Contact a Missouri Drunk Driving Lawyer today.