Mistakes the police make in Missouri DUI / DWI or other drunk driving arrests . . . and how they can help you:
Stopping a vehicle on the basis of an anonymous call as the basis of the Missouri DUI / DWI arrest. An officer can not rely on a phone call to stop you, if he does not sufficiently corroborate or verify the information the informant has provided.
Following a driver into his residence without an invitation or without enough information to justify the entry as the basis of the Missouri DUI / DWI arrest. Your home is protected under the fourth amendment.
Basing a Missouri DUI / DWI arrest on the statements of the driver alone. The officer must have independent evidence to corroborate these statements. This often arises when he has not seen you in physical control of your car.
Detaining a driver longer than is reasonable to investigate in making a Missouri DUI / DWI arrest. The constitution does not allow officers to hold you without limit.
Stopping a vehicle without an articulable suspicion in making a Missouri DUI / DWI arrest. An officer can not stop you just because he thinks you are suspicious.
Stopping a vehicle because it stops in the middle of the street or it is driving too slowly as the basis of the Missouri DUI / DWI arrest. Unless there is a specific traffic ordinance you are violating, such as impeding traffic, it is not lawful for an officer to stop you.
Weaving within a lane as the basis of the Missouri DUI / DWI arrest. The statute only requires you to drive as nearly as is practicable within a single lane. Some cases hold that one weave into the shoulder is not enough reason for a stop.
Stopping a vehicle based on a misperceived violation of a law as the basis of the Missouri DUI / DWI arrest. The officer must be right about his interpretation of the law.
Stopping a vehicle for an improper sign as the basis of the Missouri DUI / DWI arrest. Street signs and lane markings must comply with the Manual for Uniform Traffic Control Devices.
Failing to follow the rules of the Missouri Department of Health and the Intoxilyzer breath machine or Datamaster breath machine operation manual in a Missouri DUI / DWI arrest. These failures may invalidate any alcohol testing.
Stopping drivers at an improper roadblock as the basis of the Missouri DUI / DWI arrest. There are guidelines that must be followed to validate the stop.
Stopping a vehicle just to check the driver's license and registration. There must be an actual traffic violation or an articulable suspicion of a crime.
Stopping a vehicle without being able to identify it as the one actually committing a traffic infraction as the basis of the Missouri DUI / DWI arrest. Officers must be able to convince the Court that they stopped the right car.
Stopping a vehicle for no reason at all in a Missouri DUI / DWI arrest. It's done. Officers usually do not show up in Court on these.
Blocking a vehicle's exit without justification. Officers may not restrict a driver's freedom to leave without a reason.
Missouri DUI / DWI / BAC DRUNK DRIVING DEFENSE
J, Matthew Guilfoil, Kenney Shepherd & Guilfoil, L.L.C. 1656 Washington, Suite 220 Kansas City, Missouri 64108 (816) 842-3717 phone, 1-866-DWI-MATT Toll Free Number; Email: info@ksg-law.com
Practice in the following Regions, Cities, and Counties in Missouri:
Kansas City, North Kansas City, Independence, Liberty, Blue Springs, Buckner, Grain Valley, Grandview, Greenwood, Lake Lotawana, Lake Tapawingo, Lee's Summit, Lone Jack, Oak Grove, Raytown, Sugar Creek, Gladstone, Excelsior Springs, Claycomo, Holt, Kearney, Lawson, Mosby, Oakview, Oakwood, Pleasant Valley, Randolph, Smithville, Dearborn, Edgerton, Ferrelview, Houston Lake, Lake Waukomis, Northmoor, Parkville, Platte City, Platte Woods, Riverside, Tracy, Weatherby Lake, Weston, Archie, Belton, Harrisonville, Lake Winnebago, Peculiar, Pleasant Hill, Raymore, Warrensburg, Knob Noster, Alma, Bates City, Concordia, Corder, Emma, Higginsville, Lexington, Odessa, Wellington, Adair County, Andrew County, Atchison County, Audrain County, Barry County, Bates County, Benton County, Bollinger County, Boone County, Buchanan County, Butler County, Caldwell County, Callaway County, Camden County, Carroll County, Carter County, Cass County, Cedar County, Charlton County, Christian County, Clark County, Clay County, Clinton County, Cole County, Cooper County, Dade County, Dallas County, Daviess County, De Kalb County, Dent County, Douglas County, Franklin County, Gasconade County, Gentry County, Greene County, Grundy County, Harrison County, Henry County, Hickory County, Holt County, Howard County, Howell County, Iron County, Jackson County, Jasper County, Jefferson County, Johnson County, Knox County, Laclede County, Lafayette County, Lawrence County, Lewis County, Linn County, Macon County, Marion County, Mercer County, Miller County, Oregon County, Osage County, Ozark County, Pemiscot County, Pettis County, Phelps County, Pike County, Platte County, Polk County, Pulaski County, Putnam County, Ralls County, Randolph County, Ray County, Ripley County, Saline County, Schuyler County, Scotland County, Scott County, Shannon County, Shelby County, St Charles County, St Clair County, St Francois, Stone County, Sullivan County, Taney County, Texas County, Vernon County, Warren County, Wayne County, Webster County, Worth County, Wright County.