Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC

Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC We fight for your freedom when the government tries to take it from you. We handle car accident injuries, employment discrimination, nursing home abuse & neglect, traffic, DWI/DUI, criminal, divorce & custody.
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09/10/2020
Legal Scandals and Cases in the Media hosted by the Missouri DWI & Criminal Law Center with MACDL

The Missouri DWI & Criminal Law Center recently discussed about legal scandals and cases in the media with MACDL! Don't miss out on our exciting discussion - Watch the full video below!

https://www.youtube.com/watch?v=GrqOWQDon6Q

From our office in Belton, the Missouri DWI & Criminal Law Center serves clients throughout the Missouri side of the Kansas City metro area. To take advantag...

09/08/2020
Employment Discrimination Questions Answered for Employees

Employment discrimination is a prevalent problem in our world and it's your job as an employee to be aware of any potential issues with your employer. If you were not able to attend our latest webinar on employment discrimination, be sure to watch it here on YouTube! Attorney Kimberly Benjamin discusses all the facts with attorney John Eccher.

https://www.youtube.com/watch?v=OrT2bJf_iDo&feature=youtu.be

From our office in Belton, the Missouri DWI & Criminal Law Center serves clients throughout the Missouri side of the Kansas City metro area. To take advantag...

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8427 Clint Drive
Belton, MO
64012

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Monday 08:30 - 17:00
Tuesday 08:30 - 17:00
Wednesday 08:30 - 17:00
Thursday 08:30 - 17:00
Friday 08:30 - 17:00

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+18162815306

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Kansas Highway Patrol targets drivers coming from Colorado after legalization of marijuana, lawsuit alleges. 93% of drivers stopped by KSHP in 2017 were out-of-state plates. Lawsuit: Kansas Highway Patrol targets out-of-state drivers By: Associated Press January 30, 2020 Ninety-three percent of the Kansas Highway Patrol’s traffic stops in 2017 involved cars with out-of-state plates, according to a lawsuit challenging the practice as an infringement on motorists’ constitutional rights. In an amended lawsuit filed Thursday on behalf of three plaintiffs, including two Oklahoma brothers who initially filed the complaint, the American Civil Liberties Union of Kansas and a Kansas City, Missouri, law firm contend that the traffic stop statistics show that the Kansas Highway Patrol specifically targets out-of-state drivers, including many on the main highway connecting Kansas with neighboring Colorado, because that state’s legalized marijuana. The case began as a hand-scrawled complaint filed last December by the two irate brothers, but it got significant legal backing when the ACLU and the law firm, Spencer Fane LLP, joined their cause. The lawsuit, which lists the Kansas Highway Patrol, its superintendent Herman Jones, and two troopers as defendants, argues that specifically targeting out-of-state drivers infringes on such drivers’ constitutional protection from illegal searches and seizures. The Kansas Highway Patrol said it cannot comment on pending litigation. The revised complaint, which also seeks class-action status, contends that the highway patrol has had a laser-like focus on drivers traveling Interstate 70, which the agency has designated a “drug corridor.” Out-of-state motorists driving on that interstate constituted 96% of all of the agency’s reported civil forfeitures from 2018 to 2019, the lawsuit contends. Two-thirds of those motorists were either drivers of color or they had passengers of color in the vehicle. The complaint also challenges a law enforcement practice known as “the Kansas Two Step,” a maneuver used to detain drivers for canine drug searches. The maneuver, which is included in the agency’s training materials, is a way to break off an initial traffic stop and attempt to reengage the driver in what would then be a consensual encounter. The way the “Kansas Two Step” works is this: A trooper stops a vehicle with out-of-state plates under the pretense of a minor traffic violation. The trooper issues the driver a ticket or warning for the infraction, then turns around and takes a couple of steps away from the vehicle before turning around and asking the driver to agree to answer additional questions. When the driver denies transporting anything illegal, the trooper requests consent to search the car. If the driver declines to consent to a search, the trooper detains the driver for a canine drug search. The federal lawsuit was filed by Joshua Bosire, a black man who lives in Wichita, where he works as an engineer in aviation. He travels on I-70 twice a month to visit his 4-year-old daughter, who lives in Littleton, Colorado. On a return trip from visiting her last February, Bisure was driving a rental car that had a Missouri license plate when he was stopped for driving 6 mph (9.7 kph) over the speed limit. Bosire was detained for 36 minutes before a drug dog arrived. No drugs were found. The two other named plaintiffs are Elontah Blaine Shaw and Samuel Shaw, Native American brothers who live in Oklahoma City. Elontah Shaw works as an Uber driver and travels I-70 through Kansas several times per year to visit family and friends in Colorado. They were subjected to a drug dog search during traffic stop for speeding in December 2017. They were released from detention after an hour and a half. Troopers did not find any illicit drugs. Lauren Bonds, legal director for the ACLU of Kansas, said in a news release that the detained drivers endured canine unit searches and that one was subjected to a personal pat down on the side of the highway. “The standard for this kind of invasion of privacy has to be higher than out-of-state plates, a Colorado destination and minority status,” Bonds said. “This practice is unconstitutional on many levels.” An average of more than 10,000 motorists and their passengers drive through Kansas on I-70 each day, according to the complaint. The state estimates that about 7,820 of them each day are traveling to or coming from Colorado.
Missouri has this breathalyzer machine. Michigan just outlawed it amongst a scandal with the manufacturer of the device.
Missouri attorney general sues city of Marshfield over ticket quotas By: Associated Press December 10, 2019 Missouri’s attorney general has announced he’s suing the city of Marshfield for allegedly using traffic ticket quotas to generate revenue. In the lawsuit, Republican Attorney General Eric Schmitt’s office claims that Marshfield’s police chief pressured officers to write more tickets beginning in 2018 as a way to boost city funds. Marshfield is about 27 miles east of Springfield, Missouri. The lawsuit alleges that police Chief Doug Fannen asked police to write at least 16 tickets a month and posted officers’ statistics to the agency bulletin board. After Schmitt sued another city in April for using traffic ticket quotas, Fannen allegedly said the other city’s police chief “messed up” by documenting the quota policy. “With this lawsuit against the City of Marshfield, we’re sending a clear message to municipalities across the state: even if you don’t write your traffic ticket quota policy down, we will take action to hold you accountable,” Schmitt said in a Monday statement. In a statement provided by city Administrator John Benson, Marshfield officials disputed enacting traffic quotas. Missouri banned the use of ticket quotas following protests in Ferguson over the 2014 fatal police shooting of Michael Brown, an unarmed black 18 year old. Brown’s shooting didn’t involve a traffic stop, but his death and the sometimes violent protests that followed drew attention to concerns about the mostly white police force’s treatment of the predominantly black residents of the St. Louis suburb, including the use of police to collect revenue through traffic fines and court fees. Schmitt sponsored the ticket quota legislation during his time as a state senator. The lawsuit against Marshfield also claims that city officials discouraged a whistleblower from speaking out against the city’s use of ticket quotas. The whistleblower, who at the time worked as a police officer, resigned after facing “disparate treatment,” according to the lawsuit. Fannen allegedly asked another officer to tell the whistleblower that if the resigned officer told the Attorney General’s Office about the ticket quotas, he would “pursue a felony charge against the resigned officer on an unrelated issue.” Marshfield officials denied that Fannen tried to intimidate the whistleblower.
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