Unlocking the Truth: Cross-Examining a Blood Test Analyst at a Forensic Laboratory
Missouri DWI & Criminal Law Center Blog
by web
8M ago
Blood test analysis plays a crucial role in forensic investigations, helping to identify and substantiate evidence in criminal cases. The process involves the careful examination of blood samples to determine the presence of alcohol and drugs, establish their quantity, and provide reliable evidence for prosecutors or defendants. Cross-examining the blood test analyst during a trial is a crucial step in ensuring the accuracy, reliability, and credibility of these results. In this article, we will explore the key steps to effectively cross-examine a blood test analyst at a forensic laboratory ..read more
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Everything You Need to Know About the Missouri Stand Your Ground Law
Missouri DWI & Criminal Law Center Blog
by web
9M ago
An Overview of Missouri’s Stand Your Ground Law   In April 2023, an unarmed 16-year-old Ralph Yarl was shot twice in Kansas City after he rang the doorbell to the wrong house. The shooter, an 84-year-old male named Andrew Lester, claimed he shot the teenager because he feared for his life. Andrew Lester has been charged with first-degree assault and armed criminal action. But while the case is still ongoing, the incident has sparked widespread debate in the media, and more people are beginning to question the scope of Missouri’s stand-your-ground laws and whether the law is applicable in ..read more
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Understanding the Battered Women Defense in Missouri
Missouri DWI & Criminal Law Center Blog
by web
9M ago
Battered Women Defense   Domestic violence or assault is a criminal offense in Missouri and other parts of the United States. However, despite being a crime, many incidents of domestic violence are still recorded in the state each year, with women making up most of the victims. Apart from their physical injuries, domestic violence victims, especially those exposed to the violence for significant periods, often suffer varying degrees of mental disorders or behavioral issues, including the battered woman syndrome (BWS), sometimes called the battered spouse syndrome. BWS is co ..read more
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The Impact of Racial and Socioeconomic Disparities in DWI Arrests and Convictions
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
10M ago
Are There Racial and Socioeconomic Disparities in the Number of DWI/ DUI Arrests and Convictions in Missouri?   Over time there have been allegations and complaints of racially disparate policing against the Missouri police. The police have been accused of targeting minority racial or ethnic subgroups during traffic stops while being overly lenient with their Caucasian counterparts. A 2018 federal report indicated that African-Americans in Missouri are most at risk as they are more likely to be pulled over, searched, arrested, or have force used on them than Caucasians. It’s not because t ..read more
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Defending Serious DWI Cases: Strategies for Managing Complex and High-Profile Litigation
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
10M ago
How Do You Defend Complex DUI Cases?   Driving while intoxicated (DWI) is a serious criminal offense under Missouri law. The offense involves drunk driving or operating a motor vehicle while under the influence of alcohol, drugs, or any other intoxicating substance. Anyone found guilty of this crime may face several penalties upon conviction, including driver’s license suspension, imprisonment, or payment of fines. DWI prosecution proceeds without public notice most of the time. But sometimes, cases may attract extra public attention. There are several reasons why this could happen, as we ..read more
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The Impact of Mandatory Minimum Sentencing Laws on DWI Cases
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
10M ago
What Is the Significance of Mandatory Minimum Sentencing Laws on DWI Cases?   Mandatory minimum sentences are an important aspect of the criminal justice system in Missouri. The term refers to the minimum sentence that a convicted person must serve. The judge cannot issue a sentence that is less than the mandatory minimum unless the law provides otherwise. But they can exceed it if they deem it appropriate. These laws exist to curb repeat offenses and form part of Missouri’s Zero Tolerance Laws. If you’re facing DWI charges in Missouri, especially as a repeat offender, the manda ..read more
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Can the Police Pat Me Down to Look for Drugs?
Missouri DWI & Criminal Law Center Blog
by team
11M ago
Can a Police Officer Pat Me Down to Search for Drugs?   Being stopped by a police officer can be an intimidating experience for anyone. Even though you might think you’ve done nothing illegal, the cops can disagree. The situation intensifies if law enforcement officers decide to conduct a search. You may wonder if such a search is legal and if you should refuse to consent to the same. This article answers these and other related questions. A law enforcement officer can pat you down if they suspect and reasonably believe that you are committing a crime or are in possession of a weapon. How ..read more
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Is Self-Defense Considered Resisting Arrest?
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
11M ago
Can I Use Self-Defense Against a Police Officer?   Everyone has a right to defend themselves against an assault. But what happens if the person assaulting you is a police officer? In such a situation, you may find yourself asking if you still have the right to self-defense. If, during an arrest, you believe an officer is using unreasonable or excessive force on you. Then you may be able to claim self-defense. However, you should be able to prove that the police used excessive force, making you act in self-defense. If the police officer acted unlawfully, you might not sustain a charge for ..read more
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How a DUI Conviction May Affect Your Education in Missouri
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
11M ago
Can a DUI Conviction Affect Educational Opportunities?   A drunk driving conviction in Missouri may affect an individual’s driving privileges and lead to serious legal consequences. However, many people are unaware of the adverse long-term effects that it may have on their educational opportunities. After a driving under the influence (DUI) arrest or criminal conviction, students may face numerous unexpected consequences that may hamper their college career or dreams of going to graduate school. Every college considers DUI convictions differently. Nevertheless, some of the common challeng ..read more
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The Most Common Mistakes Made by Law Enforcement Officers in DUI Arrests
Missouri DWI & Criminal Law Center Blog
by Kimberly Benjamin
11M ago
Common DUI Checkpoint Mistakes   A police officer may make specific errors when arresting an individual for Driving Under the Influence (DUI). These errors may be beneficial in dismissing or reducing the charges made against you. Therefore, understanding your rights and responsibilities, as well as those of law enforcement officers, is important. Some of the most common mistakes law enforcement officers make in DUI arrests are discussed below.   Pulling You Over Without Reasonable Suspicion   Before pulling you over, police officers must have reasonable suspicion based on their ..read more
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