Where a defendant, who was convicted of misdemeanor driving while intoxicated, challenged the trial court’s refusal to suppress evidence and statements, the initial contact between the defendant and the arresting officer was consensual, which developed into a reasonable suspicion of ...

Tagged with: Consensual Encounter DWI Reasonable Suspicion

Where a defendant challenged a guilty verdict in a driving-while-intoxicated case, direct and circumstantial evidence supported the reasonable inference that the defendant was intoxicated while driving, and the trial court did not abuse its discretion in overruling the defendant’s objection ...

Tagged with: Beer Bottle Demonstration Closing Argument DWI

Defendant was arrested for DWI, but her blood alcohol concentration was determined to be .07 percent. The trial court entered judgment for defendant, finding that there was no substantial evidence of intoxication from physical observations of defendant by the arresting ...

Tagged with: DWI Physical Evidence of Intoxication

The Missouri Court of Appeals Western District has upheld the license revocation of a man arrested for DWI at a Belton Taco Bell after ruling his driver’s license showed he’d assumed all obligations of driving, including implied consent to chemical ...

Tagged with: Bryan Goforth Department of Revenue DWI license revocation Missouri Court of Appeals Western District

Defendant appealed from his DWI convictions, arguing that the trial court erred in not granting judgment of acquittal because the state failed to prove defendant was intoxicated at the time he was driving. Where there was testimony from defendant’s girlfriend ...

Tagged with: DWI Sufficiency Of Evidence

Where appellant, who was convicted of driving while intoxicated, challenged the trial court’s finding that he was a persistent offender, the Illinois offense for which the appellant was convicted in 2005 did not qualify as an “intoxication-related traffic offense” because ...

Tagged with: DWI Illinois Offense Persistent Offender

Where a defendant in a drunk-driving case challenged the admission of her blood-test results after she tried to specify where and by whom her blood was tested, the defendant did not have the right to control the manner in which ...

Tagged with: Blood Test Consent DWI

Where a defendant challenged his conviction in a DWI case arguing that his incriminating statement was elicited without a Miranda warning, a reasonable person would not believe he was in custody while restrained in a moving ambulance for medical treatment ...

Tagged with: Custody DWI Miranda

A boy severely injured by an inebriated pickup-truck operator settled a suit against the driver and his insurer for a total of $1.35 million. The settlement was the largest of four connected to the crash on July 17, 2017 in ...

Tagged with: DWI Motor vehicle collision

Where a driver was passed out in the driver’s seat of a running car that he had driven to its parked spot, and the trial court found that probable cause of intoxication existed at the time he was found by ...

Tagged with: DWI “Operation”

In a case of first impression, the Court of Appeals Western District ruled June 18 that a two-year-old statutory revision does not block expert witnesses from testifying about a DWI suspect’s intoxication. Under that revision, made by the legislature in ...

Tagged with: DWI intoxication Missouri Court of Appeals Western District