David M. Lurie, Criminal Defense Attorney

07/03/2024

THE HUMAN ELEMENT OF POLICE OFFICER DUI ASSESSMENT

When you think about how police officers detect drunk driving, you probably envision someone trying and failing to walk a straight line. Standard field sobriety tests help police assess a driver for impairment, but that is not the only way officers detect impaired driving.

The police also watch for driving patterns that suggest impairment before they make a DUI stop, such as weaving or trouble with lane changes. However, it is the personal contact phase of a traffic stop that often leads to further investigation.
BEWARE OF FRIENDLY CONVERSATION
A police officer may be courteous during a traffic stop, asking polite questions while you gather your license and registration. However, these conversations may be about more than setting you at ease.

Those friendly queries may be intended to judge your ability to multi-task or answer unexpected questions. Up-close interactions allow the police to detect cognitive impairment, along with slurred speech and alcohol odor.

If you have ever wondered why it is vital to exercise your right to silence, this is one good reason to do so — among many others.
OFFICER OBSERVATIONS ARE SUBJECTIVE

What one officer interprets as signs of impairment, another might not. The nuances of human behavior are complex, and stress or nervousness can easily be mistaken for intoxication.
Questioning the officer’s training and experience in DUI assessments could improve your situation even if you failed standard tests. Investigating whether proper protocols were followed or whether external factors influenced officer judgment can strengthen your defense further.

A sound DUI defense considers all possibilities, including the human element of the assessment process. Having experienced legal guidance can help you determine if officers violated your rights during your interactions.

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06/15/2024

STAY SAFER DURING THE 100 DEADLIEST DAYS OF SUMMER

The months between the Memorial Day weekend in May and Labor Day in September are collectively referred to as the “100 deadliest days of summer.” While many of us have fond memories of hot summer days spent cruising the back roads or going on family vacations, others mourn the loss of family and friends who lost their lives during the same timeframe.
Learn more about why this time is so hazardous and how it could affect you.
WHAT MAKES THIS TIME SO DEADLY?
Young, inexperienced drivers out in force on the roads for the first time is one reason. Another is that the summer months present many opportunities for celebrating — and many of those celebrations involve alcohol.
Law enforcement agencies recognize this as well, and they will be out in droves, pulling over suspected drunk or otherwise impaired drivers. So, not only do you have higher risks of getting into auto accidents during this time, but your chances of a DUI arrest also rise precipitously.
FEDERAL FUNDS INCREASE TO STATE POLICE, OTHER AGENCIES
Also, in hopes of reducing traffic deaths during this period, many smaller police departments, sheriff’s offices and state troopers around Missouri and the nation are eligible to receive federal funding grants to put more patrols on the streets and highways.
These increased patrols make it much harder to dodge a charge of driving under the influence. You are likely to be assumed guilty rather than given the presumption of innocence.
WHAT TO DO DURING A TRAFFIC STOP
Remain compliant but verbalize your right to remain silent until you have the chance to speak to legal counsel. Never try to fight back or elude the police, as that will only add charges that you must later defend in court.

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06/12/2024

WERE YOU REALLY DRUNK OR WERE YOU JUST FATIGUED?

Many people don’t think about how much sleep they got before they get behind the wheel. Instead, they just assume that they’ll be able to drive safely to where they’re going. What some people may not realize is that drowsy driving has effects that mimic drunk driving.

If you’ve gone more than 20 hours without sleep, you’ll experience the same effects as a person who’s legally drunk. This includes a lowered reaction time and less awareness of the hazards that are around your vehicle. Police officers may see how you’re driving and pull you over for the suspicion of drunk driving.

CAN POLICE OFFICERS TELL IF YOU’RE DROWSY AND NOT DRUNK?
The only definitive way for police officers to tell if you’re drowsy and not drunk is to do a chemical test. But, even that might not be good enough to prevent charges. They may assume that you’re impaired by a substance that doesn’t show up on the chemical test. A field sobriety test might not be much help either.

Being fatigued instead of drunk doesn’t mean that you won’t face any involvement in the criminal justice system. It doesn’t mean that you won’t face the strict penalties that come with drunk driving. It’s imperative in these cases that you take steps right away to work on your defense strategy.

There’s also a risk of being in a crash when you’re fatigued. You’re three times more likely to crash when you’re fatigued than when you’re well-rested. A crash could mean that you face other legal charges, too. You’ll have to determine what strategy you’ll use to combat any charges related to fatigued driving.

06/06/2024

WHAT ARE THE CONSEQUENCES FOR LEAVING THE SCENE OF A CRASH?

It’s never smart to leave the scene of a vehicle crash without at least checking to see what kind of damage or injuries to others occurred. Unfortunately, people do it all too often.
Sometimes, they simply panic – especially if they know they were in the wrong. In some cases, they have other legal issues or traffic violations and don’t want to deal with law enforcement. They may even tell themselves they didn’t actually hit anything.
What’s important to know is that leaving the scene of an accident – no matter who caused it – can have serious legal consequences. That’s particularly true if someone has been injured or killed. Let’s take a brief look at the law in Missouri.

MISSOURI LAW
It’s illegal to leave the scene of a crash if it caused “injury or death or damage to property of another person” and the person who left had “knowledge of such accident.” Drivers must stay at the scene and exchange identification and vehicle information with any other parties involved as well as provide that information to law enforcement.
How serious the offense is depends on the severity of the crash. If the damage was greater than $1,000 and/or if anyone was injured, it’s a Class E felony to leave the scene. If anyone suffered fatal injuries, it’s a Class D felony.

05/30/2024

MISSOURI’S “HANDS-FREE” LAW IS STARTING OFF WITH A WARNING PERIOD

Missouri remained among the states with no law against using a hand-held cellphone while driving until last year. While the new “hands-free” took effect last summer, Missourians have had a long time to adjust their behavior before actually being cited for talking or texting while holding their phone.
Law enforcement officers won’t be ticketing people for the offense until 2025. Even then, it will be considered a secondary violation. That means that a driver will only be cited if they’ve also committed some other offense, like speeding. Even when the law fully takes effect next year, it will still be less strict than those in a number of other states where drivers can be cited solely for using a hand-held device while driving.
Until next year, drivers caught holding any electronic device or supporting it with their body (for example, holding it in their lap while they talk), typing or watching a video will receive a warning. There are exceptions when using a phone for GPS purposes or to make an emergency call.
WHY IT’S SMART TO ABIDE BY THIS LAW BEFORE IT FULLY TAKES EFFECT
The new law followed nearly a decade in which the state experienced almost 200,000 crashes blamed on distracted driving and over 800 fatalities caused by those crashes. According to the National Safety Council, cellphone use is also the cause of more distracted driving collisions than this data shows.
That’s why, regardless of the law, it’s still smart to place your phone in a secure holder if you need to use it while you’re driving. Of course, newer vehicles allow people to make and receive calls and texts through their infotainment systems. Even doing that can be distracting. Just having your mind on a conversation or a message takes away from your concentration.
Besides the safety issue of driving while holding a phone, it’s also never a good idea to give law enforcement officers any reason to pull you over, even if it’s just to give you a warning. That can potentially lead to a citation for a more serious traffic violation or potentially even to an arrest.
If you’re facing a traffic violation or a criminal charge, it’s smart to have legal guidance before you admit to anything – and certainly if you aren’t guilty. Don’t underestimate the importance of protecting your rights.

05/25/2024

COULD A DESIGNATED DRIVER SAVE YOU FROM DUI CHARGES?

DUI charges carry a certain stigma behind them. Not only that, the practical implications on your life after gaining a DUI conviction can be detrimental. You may rely on the use of your vehicle for work purposes, or to visit aging family members. Your driver’s license is something worth keeping, worth fighting for.

Nonetheless, you have to be able to let your hair down sometimes, and having a drink may very well be a part of this. Drinking and driving do not mix, so what’s the best way to avoid legal problems? Nominating a designated driver is one useful way to get around this issue. A designated driver could save you from DUI charges.

WHEN YOU ARE THE DRIVER
If you’ve been trusted with the position of being a designated driver, then your friends are relying on you to get them home safely. This is a big responsibility and one that is most likely significant enough to prevent you from drinking when you’re out. You don’t need to be saddled with this position all of the time. You and your friends can take turns every week.

NOMINATING A TRUSTWORTHY FRIEND
On the nights when you are off duty in terms of driving, the responsibility for getting home lies with your friend. You can enjoy yourself and have a few drinks, safe in the knowledge that you will not be getting behind the wheel. Not only does this negate the legal risk of DUI charges, but it also means you are a lot safer.

DUI convictions are serious and the effects can last for many years. You’re best to avoid this at all costs. If you are facing charges, having a knowledgeable support network behind you could ensure you achieve a more favorable outcome in your case.

05/14/2024

3 WAYS YOU CAN DEFEND AGAINST TRESPASS CHARGES IN MISSOURI:

Getting accused of trespass in Missouri can be unsettling, as it can lead to both civil and criminal liability. Trespass happens when someone enters or remains on someone else’s property without permission.

However, facing a trespass charge does not mean you are automatically guilty. There are several ways to defend against such accusations and protect your rights in Missouri’s legal system.

1. MISTAKE OF FACT
This defense might be applicable if you genuinely believed you were on public property, if the boundaries of the property were unclear or poorly marked or if you were misled by incorrect information. Demonstrating that you were unaware that you were entering private property or that you had a reasonable belief that you were within your rights to be where you were can be a compelling defense against trespass charges.

2. CONSENT
This is the most common and straightforward defense against trespass charges. If you can prove that you had explicit or implied permission to be on the property, then you have a strong defense. Explicit permission can be demonstrated through written agreements, verbal communication or other forms of direct authorization from the owner or someone authorized to grant permission.

3. NECESSITY OR EMERGENCY
If you accessed the property out of necessity or to respond to an emergency situation, you may have a viable defense against trespass charges. This defense asserts that your entry onto the property was justified by the need to prevent harm to yourself or others, to render assistance in an emergency or to protect property from damage. For example, if you entered private property to provide medical aid to someone in distress or to extinguish a fire threatening nearby structures, you can argue that your actions were justified by the urgency of the situation.

You may consider legal guidance to help evaluate your situation, understand the available defenses, and effectively address the charges in Missouri’s legal system.

05/10/2024

IF YOU THINK A FIRST DUI CONVICTION ISN’T SERIOUS, READ THIS:

Despite mounting efforts by lawmakers to reduce drunk driving with harsher laws, many Americans continue to believe a DUI arrest is no cause for alarm. We feel that more residents of Kansas City in Missouri and Kansas would avoid DUI arrests if they knew about the possible consequences of a conviction.

Today, we will discuss some of the consequences of getting convicted for a first DUI. When you see how the authorities deal with a first-time offender, you will understand why you need to take action after your arrest.

KANSAS FIRST-OFFENSE DUI LAWS
A first-time conviction in Kansas means losing your license for 30 days, followed by a period of restricted driving for 330 days. You must also spend 48 hours behind bars or complete 100 hours of community service. Most defendants must also participate in alcohol education, assessment or treatment program.

Other penalties include a fine of up to $1,000 plus court costs, evaluation and probation fees. First-time offenders also risk losing their vehicle to impoundment for up to one year.

MISSOURI FIRST-OFFENSE DUI LAWS
The DUI laws in Missouri resemble the laws in Kansas. For example, a first-time DUI conviction will result in a license suspension for 30 days followed by 60 days of restricted driving. Defendants also risk vehicle confiscation and may need to install an ignition interlock device. Those convicted of a first-time DUI may also have to complete an alcohol education/treatment program.

Now that you understand how even a first conviction for DUI or DWI can affect your life, it is time to create an effective defense. Not many people realize that it is possible to avoid a conviction. Learning more about the DUI laws in your region gives you and your advocate a sturdy foundation to build your defense. https://www.the-law.com/dui-dwi-defense/first-offense-dui-dwis/

02/08/2023

https://www.the-law.com/blog/2023/02/3-myths-about-duis-and-the-truth-you-need-to-know/

02/08/2023

It is going to be a Big Weekend. Please be smart. Don't drink and drive and don't get lulled into believing any of these 3 common myths.

12/01/2022

Self checkout lanes have drastically increased shoplifting through "skip scanning," label tampering and other crimes.

Store security has become sophisticated.