Missouri DWI Defense Lawyer Will Worsham. Defending DWI and DUI in Southwest Missouri. If you have been pulled over in Missouri and given a DWI or DUI, please review the information on this site. A DWI or DUI can effect your drivers' license. A lawyer can help. Our office is located in Springfield , Greene County, Missouri. We defend DWI in all of Southwest Missouri.
USTrafficTickets.com - Submit a Traffic Ticket online! This site started as MissouriTrafficTickets.com, helping people take care of Missouri traffic tickets and violations from the comfort of their home, using online submission and payment. It has turned into a law firm of traffic attorneys that allows clients to submit online, pay online, and watch the activity of their case through a online docketing system. The site currently offers traffic law services in Missouri, Kansas, Oklahoma and Illinois in both county and city traffic courts.
Online Business Formation Form a Missouri Limited Liability Company with a lawyer for $495. Includes LLC Articles filing, customized stock Operating Agreement or Declaration and an IRS EIN letter. All the documents you need to open a bank account an apply for a business license.
MissouriTrafficTickets.com Save Points and Insurance Money if you get a traffic ticket. We can keep it off your record. Attorneys fees begin at just $85. Most jurisdictions around $100 for basic speeding tickets. If you need to fix a ticket, just click on www.MissouriTrafficTickets.com!
OUPD BAC Per Drink Calculator University of Oklahoma Police Department's Blood Alcohol Calculator. I do NOT endorse these results. It's interesting to play with, but the results are NOT TO BE RELIED on. Compare results with the NRPS calculator below. I found over a .015% difference from the same input. It is however interesting to read the inherent prejudice in the notes concerning BAC levels.
NRPS BAC Per Drink Calculator Niagra Regional Police Service Blood Alcohol Content Calculator. Compare this one with the one above. The same input yielded a .015% difference from the calculator at University of Oklahoma Police Department site!!
NHTSA National Highway and Transportation Safety Administration's site on impaired driving.
This site is for general information only! This website and the information provided should be considered general information only. Nothing contained herein is or should be considered legal advice. Neither this website nor any website containing information on legal matters should be used as a substitute for personal consultation with a duly-licensed attorney. Also, your viewing this website and communicating to an attorney through this website does not create an attorney-client relationship. Only when an attorney has agreed to your representation on a specific case and you have paid the fee in full will an attorney-client relationship begin.
DefendDWI.com is a service of Attorney Will Worsham. Will has been practicing law in Springfield, MO for over fifteen years. He began his career working for the Law Firm of M. Shawn Askinosie handling all of the traffic related cases including Driving While Intoxicated.
Prior to entering private practice, Will was an assistant prosecutor for Greene County handling primarily DWI cases as well as other various criminal cases. Currently, Will practices primarily DWI, Criminal Defense and Traffic Law. During his time in private practice, Will has proven himself as an effective DWI and DUI defense lawyer taking several cases to trial and winning on behalf of his clients. Will is a member of the Missouri Bar Association, the Missouri Association for Municipal and Associate Circuit Judges and the National Association of Criminal Defense Lawyers. He is admitted both to the Missouri Bar and the United States Federal Court -Western District of Missouri.
Will has handled hundreds of Missouri DWI cases including many DWI cases in Springfield and Greene County, Missouri. While not every DWI or DUI case can be "won," Will's experience allows him to clearly explain the facts and the law to his clients along with the status of plea negotiations with the prosecutor in order to allow his clients to make informed choices about how they would like to proceed. His aggressive style is effective even in difficult cases in helping his clients reach the best possible outcome based on their individual facts and circumstances.
By utilizing a staff of trained Paralegals who are assigned primary responsibility for a case, our clients have a person to call with questions and for directions in getting through this difficult time in their life. The paralegal is responsible for all of the routine document preparation and filing as well as obtaining all evidence available in the case and preparing it for an attorney to review. The attorney then has a face to face meeting with a prosecutor concerning the case to discuss the facts and a possible resolution short of trial, commonly referred to as "plea negotiations."
After the initial discovery (evidence gathering) and plea negotiations are completed. Our clients then personally meet with their attorney to discuss all of the evidence and how the law applies in their particular case and provides guidance as to how the client might wish to proceed. The client then makes a final decision.
I'm often asked about refusing a breathalyzer test. The truth is refusing a breathalyzer test is probably a good idea from a legal perspective if you know you're going to fail anyway. However, if you'll pass it, you should take it. Refusing to take the test will result in you being arrested by the police and charged with a crime. At a trial the officer will testify that you refused to take the breath test and the prosecutor will get to draw the inference that the reasonable explanation for your refusal was that you knew you would have failed the test.
Refusing a test also results in a revocation of your drivers' license. This can be challenged and is normally avoided or mitigated in the final disposition. But, it requires suing the State of Missouri and in some cases a hearing as to whether or not you knowingly refused the test. The full ramifications for refusing a test are in RSMo. Sec. 302.750.
Best Advice: If you're not going to pass a breatalyzer test - - - Don't Drive! or don't test. If you'll pass, by all means take the test and prove it.
In Missouri, the time for filing Driving While Intoxicated charges is limited by the general criminal statute of limitations. These time limits for bringing criminal charges are defined in RSMo. 556.036.
For a Misdemeanor including a first or second offense DWI the limitation is one year.
For a Felony including a third or subsequent DWI the limitation is three years.
Certain factors may extend the deadline for filing such as fleeing the jurisdiction, concealing onseself from prosecution or during a time when the accused is mentally unfit to proceed pursuant to 552.020.
The statute is satisfied as soon as criminal charges are filed either by a misdemeanor information or felony complaint or indictment.
When a driver is arrested for suspicion of Driving While Intoxicated, submits to chemical testing of their blood alchol content and the result of that test is over the legal limit (.08%) an automatic administrative action is taken against the driver's driving privilege.
This action is defined in RSMo. 302.525. For a first offense, the action will be an Administrative Suspension for 90 days. For a second or subsequent offense it will be a one year Administrative Revocation. In either case, the administrative action is automatic and independant of any criminal prosecution that may also occur.
The driver's license will be taken by the arresting officer. The driver will be given a piece of paper that the officer usually tells them is a temporary driving privilege for 15 days before their suspension begins. What it actually is is an official notice of suspension and rights to appeal the loss of license. It is very important because after on 15 days from the date of that notice, the driver loses his or her opportunity to appeal or challenge the suspension forever if they have not requested a hearing.
The authorized range of punishment varies depending on the criminal history of the offender. If convicted of Driving While Intoxicated the court must also determine if the defendant qualifies as one of several categories of repeat offender.
A first offense DWI in Missouri is a Class B Misdemeanor carrying a range of punishment of one day to 6 months in jail and/or a fine of up to $500. Ancillary but sometime more important to the defendant is that a first conviction for DWI will carry with it an assessment of eight point on his or her driving record resulting in a point suspension.
1. Don't Panic. People get arrested for DWI all the time. It's not the end of the world. Take a Deep Breath and realize that this is a problem that can be handled. You will get through this.
2. Gather all your paperwork You probably received quite a bit of paperwork. Get it all together and keep it that way. Your lawyer will want to review it and some of it contains specific information related to your driving privileges.
3. Act Quickly In order to preserve your rights it is important to get a lawyer working on your case immediately. You can begin to lose your opportunity to challenge aspects of your case in as little as 15 days.
4. Hire a lawyer By using our online submission form, you can quickly and easily hire Will Worsham and his staff of trained paralegals to begin work on your case. Our site is secure and your personal information is protected.
What to do if stopped for DWI.
1. Be Polite and Respectful The officer is just doing his or her job. There is no reason to be rude or disrespectful and it will definitely NOT help your case to be unkind.
2. Do NOT Answer Questions. The officer will likely ask you if you have been drinking, where you have been, how much you've had to drink, etc. You have a Constitutional right not to answer these questions - - so don't. Politely tell the officer that you intend to exercise your constitutional rights not to answer questions.
3. Ask if you are free to leave. If the officer tells you that you are not free to leave then any further questioning may result in a custodial interrogation invoking additional constitutional protections of your rights. You should politely inquire as to the officer's reason for stopping you and respectfully ask him or her to write you your ticket so that you can be on your way.
4. DO provide your license and proof of insurance Always keep these items where you can quickly and easily locate them. Even completely sober people can sometimes fumble and search for proof of insurance that they stowed in their car months ago, but officers and prosecutors often make much of a person's inability to quickly locate these items.
5. DO NOT perform Field Sobriety Tests There is no requirement that you perform Field Sobriety Tests. These tests include the Horizontal Gaze Nystagmus Test (eye test), Walk & Turn Test and One Leg Stand Test. Officers also routinely ask suspects to recite the alphabet without singing, count a specific series of numbers, touch fingertips or other tests. Just Say No.
6. DO NOT take the Portable Breath Test (PBT) Many officers in Missouri now carry in their patrol cars what is known as a Portable Breath Test or PBT. While the result of this test cannot be used in court to support a conviction for DWI, it can be used to established probable cause to arrest. You are not required to take this test.
7. Expect To Be Arrested At this point, although the officer has little if any evidence of intoxication (unless you are slobbering drunk and falling all over yourself in which case you REALLY SHOULDN'T BE DRIVING!) the officer is probably very frustrated that you have excercised your rights and will usually arrest you out of spite. Go along quietly -- he or she has every right to do so.
8. Make An Informed Decision about the BAC Test. Once arrested and at the station you will be given the opportunity to submit to the official BAC test pursuant to Missouri's Implied Consent Law. Understand that by refusing to take the test, your license will be revoked for a year. However, taking the test will give the officer crucial evidence in proving a DWI case against you. The choice is yours and it is a difficult one. Without a test of Blood Alcohol Content and absent other evidence of intoxication, it is often difficult for the prosecution to prove their case in court when defended by an experienced DWI Trial attorney.