FAQ
DUI / FAQ
Why Expungement?
Expungement of criminal convictions refers to a legal process by which a person's criminal record is altered in a favorable manner. The type of expungement that is appropriate to a given criminal case will vary, depending upon many factors. Expungement of a criminal case has many benefits, chiefly the ability to deny a conviction when asked by a potential employer.
Expungement begins by determining which type of relief is appropriate. The law will vary from state to state, so it is critical that you consult with a lawyer who knows the expungement law in your jurisdiction.
Should I submit to a chemical test? What will happen if I don't? Which test should I choose?
In most states, if someone is arrested for DUI, DWI, OUI, OWI, drunk driving, or a related charge, they are required to provide a sample of their blood or breath for testing for alcohol content. (Where someone is suspected of driving under the influence of drugs, they must give a sample of their blood or urine.) The DMV typically advises people that as a condition of getting their driver's license, they have consented to a chemical test if they are suspected of DUI. This is called the "implied consent" law, and most states have some version of it.
If someone accused of drunk driving or DUI refuses to take a chemical test, there are several possible consequences. First, this refusal may be charged as a separate crime; next, the refusal can be used to suspend or revoke the person's driving privileges in a separate DMV action; finally, the fact of the refusal can be offered against the person at trial to show "consciousness of guilt."
After a DUI arrest, I wanted to give a blood test, but the officer talked me into the breath test; can I do anything about that now?
A common problem in DUI or DWI cases is where an officer fails to tell someone about their rights to have a choice of chemical tests. A DUl or DWI suspect does have the option of giving a sample of their blood or breath. If more than drunk driving is suspected, namely driving under the influence of drugs, then the DUI or DWI suspect may choose a urine test. If the officer fails to give a drunk driving suspect their choice of tests, and insists on one particular test, that test result can be suppressed.
If an officer fails to tell a DUI suspect about the consequences of refusing the chemical test, and the person does refuse, the fact of that refusal may not be allowed into evidence. Usually, when someone arrested for DUI or DWI refuses to take a blood or breath test, that refusal can be introduced against him or her as consciousness of guilt. The prosecution's theory is that only a guilty person would refuse to take the test.
What kind of driving patterns do police look for when deciding to stop a car for a DUI investigation?
The National Highway Traffic Safety Administration has conducted extensive study in their effort to help law enforcement detect drunk drivers. They have identified 20 driving patterns that are believed to be consistent with driving under the influence:
- Turning with a wide radius
- Straddling center of lane marker
- Appearing to be drunk (based on posture, gestures, etc.)
- Almost striking object or vehicle
- Weaving
- Driving on other than designated highway
- Swerving
- Speed more than 10 mph below limit
- Stopping without cause in traffic lane
- Following too closely
- Drifting
- Tires on center or lane marker
- Braking erratically
- Driving into opposing or crossing traffic
- Signaling inconsistent with driving actions
- Slow response to traffic signals
- Stopping inappropriately (other than in lane)
- Turning abruptly or illegally
- Accelerating or decelerating rapidly
- Driving with headlights off
What is the process when going to trial in a misdemeanor case? What is the process in a felony case? What is a preliminary hearing?
When someone is arrested, the criminal process will vary depending upon whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the maximum punishment is one year in county jail, a fine, or a combination of jail and a fine. In a felony case, the punishment is much more severe, and can include confinement in state prison, or in some extremely serious cases, death.
In a misdemeanor case, the first appearance is called the arraignment. The main purpose of the arraignment is for the accused to enter a plea. If the accused pleads not guilty, the case is scheduled for pre-trial conferences and then trial. A conviction requires all jurors to agree that the accused is guilty beyond a reasonable doubt.
In felony cases, the first appearance is the arraignment. Next, the case is set for a preliminary hearing. A preliminary hearing is a hearing in front of a judge (not a jury), where the judge listens to the testimony of witnesses and determines whether there is sufficient evidence to make the defendant stand trial.
If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has another arraignment, pre-trial conferences, and then trial. A conviction requires all jurors to agree that the accused is guilty beyond a reasonable doubt. The number of jurors can vary from state to state. However, in criminal cases, all states require that all jurors unanimously agree in guilt to support a conviction.
Is there anything that I can do to clean up my criminal record?
Absolutely. A criminal record can hold a person back from getting jobs or promotions they deserve, getting into schools, or just moving on in life, and feeling like they have closed the door on a chapter of the past.
Misdemeanors can be dismissed, and a judgment of not guilty entered. Felonies can be reduced to misdemeanors, and then dismissed. It may also be possible to obtain a certificate of rehabilitation and a pardon. The process will vary from state to state, and county-to-county, so it is important to talk to a lawyer in your area.
Criminal Defense / FAQ
What is a capital offense?
A crime for which the death penalty may be imposed.
What is a common-law crime?
A crime that is punishable under the common law, rather than by force of statute.
What is common law?
The body of law derived from judicial decisions, rather than from statutes or constitutions.
What is a computer crime?
A crime requiring knowledge of computer technology, such as sabotaging or stealing computer data or using a computer to commit some other crime.
What is corporate crime?
A crime committed by a corporate body or its representatives acting on its behalf.
What is a crime of omission?
An offense that carries as its material component the failure to act.
What is a crime of passion?
A crime committed in the heat of an emotionally charged moment, with no opportunity to reflect on what is happening.
What is a federal crime?
A criminal offense under a federal statute.
What is hate crime?
A crime motivated by the victim's race, color, ethnicity, religion, or national origin.
What is white-collar crime?
A nonviolent crime usually involving cheating or dishonesty in commercial matters.
What is the Miranda rule?
The doctrine that a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated.
What is a criminal lawyer?
A lawyer whose primary work is to represent criminal defendants.
What is criminal law?
The body of law defining offenses against the community at large, regulating how suspects are investigated, charged, and tried, and establishing punishments for convicted offenders.
What is a felony?
A serious crime usually punishable by imprisonment for more than one year or by death.
What is a misdemeanor?
A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement in a place other than prison.
Charles C. Curry
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Grandview, MO 64030
Business Phone: 816-761-7575
Fax: 816-761-7728
