Post Info TOPIC: What Happens After a Missouri DUI / DWI Arrest
J. Matthew Guilfoil

Date:
What Happens After a Missouri DUI / DWI Arrest
Permalink   


What happens after a DUI/DWI or other drunk driving arrest in Missouri?







  1. Missouri DUI / DWI Motor Vehicle Hearing:

To preserve your right to drive in Missouri, you must request a hearing within 15 days after your license has been taken from you by an officer or within the time set by the Director of Revenue in a revocation letter, if you failed a chemical test, or you must file a Petition for Review appealing your license suspension in the County you were arrested in for DWI / DUI in the State of Missouri within thirty days if you refused to perform a chemical test.


If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing, usually about three to six weeks after your request. You can usually plan on about 45 days of driving.


If you lose at the hearing for either failure or refusal of a chemical test, you cannot drive after the hearing. It is our opinion you should request the officer's presence at the hearing. Crucial defenses can be developed at the hearing. The hearing will be held in the county of your arrest.



  1. Missouri DUI / DWI Arraignment:

This is usually the date on your ticket, depending on if the Missouri DUI / DWI or other drunk driving offense is a misdemeanor or a felony, about 30 to 60 days after your arrest. If you have hired a Missouri DUI / DWI attorney and are released on bond, you sometimes do not have to appear. It is primarily for advisement of rights. If you have a Missouri DUI / DWI attorney, he will advise you.



  1. Missouri DUI / DWI Pre-trial Conference:

Your Missouri DUI / DWI attorney will discuss your case with the Missouri District Attorney and negotiate the best possible plea bargain, if one is available in your case. This is often after the Missouri Motor Vehicle Hearing for your license in the civil portion of your Missouri DUI / DWI case. The date is set by the Court and your attorney on his calendar.



  1. Missouri DUI / DWI Suppression Hearing:

The Missouri DWI / DUI Court may suppress some or all of the evidence against you if your constitutional rights have been violated, or if the arresting officer did not take the steps he is required to take in making a Missouri DUI / DWI arrest in the right order, or if he skipped required steps entirely. When this happens, your Missouri DUI / DWI attorney will file motions to suppress. The time for a Motion to Suppress varies greatly from court to court in Missouri, often depending on whether the DWI / DUI or other drunk driving offense is a misdemeanor or a felony.



  1. Missouri DUI / DWI Trial:

Missouri DUI / DWI trials can be to a judge or a jury. Strategically, a jury trial or a judge trial at the bench each are appropriate in different circumstances. However, a Missouri DUI / DWI lawyer must know their judge well if considering trying this type of case to a judge and not a jury. It is wise to follow the advice of an experienced Missouri DUI / DWI lawyer regarding whether the facts of your case lend themselves better to a judge or a jury trial. Sometimes you have to try your Missouri DUI / DWI case to a judge and not a jury, such as when you are in Municipal Court.



  1. Missouri DUI / DWI Sentencing:

In Missouri, a judge or jury may impose a sentence after a conviction, depending on the specific type of Missouri DUI / DWI charge you are facing. The judge imposes a sentence when a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, public service, alcohol classes, ignition interlock, vehicle impoundment, and fines.


 


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


 


Websites:


http://missouri-dui-dwi-defense.com


 


http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri affiliate)


 


http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/


(www.dui-dwi.com Missouri Affliate)


 


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.


 



__________________
Page 1 of 1  sorted by
 
Tweet this page Post to Digg Post to Del.icio.us


Create your own FREE Forum
Report Abuse
Powered by ActiveBoard