In a student disciplinary case, do they involve the police? It depends. If there’s a sexual assault or violence, the school will turn it over to the police, whether it be immediately or at some point. It’s worth noting that some schools require subpoenas but if it’s a criminal charge, they can get one in 20 minutes. However, it depends on the school, but they're going to turn over those records at some point.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219The question the Benjamin Law firm often gets is, “Do I need a lawyer if I have a DWI? What if I knew I was intoxicated when driving?” A good lawyer who knows what they're doing will look at your case objectively and potentially win your case. The Benjamin Law Firm has won driver's license cases when clients thought that they were going to lose, and they have won DWI cases when the client thought they were going to lose. There are many reasons why a good lawyer who knows the science, the law, the training the officers have and has done the training themselves can win. They know how to cross-examine police officers specifically about their training and their arrest decision. They know how to beat a breath and blood test by understanding the science that allows the Benjamin Law Firm to challenge a DWI.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219In a DWI defense case, the Benjamin Law Firm focuses on the officer's credibility. In addition to knowing the science about the breath and blood tests, knowing the law and how to cross-examine a police officer based on their training is paramount. Then, the totality of whether the person was intoxicated or not is considered. What we see a lot of is the officer writes a report and it sounds like the client was intoxicated. Then we watched the dash and body cam videos, and the client wasn't slurring their words. Their balance, finger dexterity and communication were normal. They understood the officer, they answered their questions, and they were actually driving quite well. Speeding or having a license plate light out are not signs of someone who's intoxicated while driving. The Benjamin Law Firm looks at the totality of the case and all the different reasons why the officer made mistakes.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219In Missouri, the DWI blood alcohol concentration threshold is 0.08. If you provided a breath or a blood sample and it tested equal to or above 0.08 blood alcohol content, then it's presumed that you were driving while intoxicated. But it's a presumption. There is another statute in Missouri that allows a prosecutor to also charge you with what's called A BAC, which is blood alcohol content above the legal limit. That's a separate charge from driving while intoxicated. However, if there are dash and body cam videos or credibility issues with the officers, or reasons they shouldn't have stopped or arrested you, we can often win those cases.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Can you get arrested for a DWI if you are under the legal BAC limit in Missouri? Unfortunately, in Missouri, the Benjamin Law Firm has seen prosecutors file charges when someone's blood alcohol content is below a 0.08%. Sometimes the prosecutor insists our client is intoxicated, regardless of the blood alcohol content. Then there are times where the prosecutor agrees our client was not impaired or intoxicated, and the charge is amended or dismissed. However, even if you did not provide a breath or a blood sample and the prosecutor had nothing but what the police officer observed, they can still charge you with a DWI, and a jury or a judge could still find you guilty of that DWI.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Should you take the roadside sobriety tests? You absolutely have the right to not take those tests, and the cops can't force you. What's helpful to the Benjamin Law Firm in your defense is if you are on video explaining why you can't do it, like you recently had knee surgery or you have a bad back. Alternatively, you can refuse to take the test because you do not trust it or the police officer to administer it properly. However, for as much as lawyers tell people not to talk or take the test, the Benjamin Law Firm wins many cases because clients did submit and appeared sober. Signs of sobriety help the law firm win many of these cases as the officer writes a report with many negative things about you, but the video shows the officer is exaggerating or lying. That's how the Benjamin Law Firm wins many of these cases.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219What do you say if a police officer pulls you over and asks where you're coming from or going? This is a very common technique to try to ascertain, first of all, do you sound like you're slurring your words? Do you know where you are or are you confused? Do you say you're on one highway heading northbound to a particular town, but you're nowhere near that location? If you're worried about sounding confused or impaired, you should not answer the question. In fact, it's not required that you answer a single question from law enforcement. The only thing you should do is give them your driver's license and your proof of insurance. Then at some point, you are permitted to ask, "Am I free to leave?" If they say no, you're not free to leave because they're investigating you for driving while intoxicated or something else, and they're going to keep detaining you.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Do you have to get out of the car if a Missouri police officer tells you to? If the officer asks you to get out of the car, that's a question, not a command. If it's a question, you're allowed to say, "No, thank you; I don't want to," because it was a question. If the officer orders you out of the vehicle, comply; otherwise, it could escalate. You are allowed to ask, "Do I have to?" The officer may say, "No, you don't." But if they tell you to get out of the vehicle and you ask, "Do I have to?" they're most likely going to say yes. They're going to say yes, because they will investigate you for something other than the traffic stop.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219What do you do if a police officer smells alcohol on you? Most people who have had one drink, whether beer, vodka, wine, or something else, will smell like alcohol. The police can smell alcohol on your breath or in your clothing. If the officer says, "I smell alcohol," say nothing. Do not admit to drinking alcohol when an officer pulls you over, but do not lie either. You can remain silent or ask them a question. The best one to ask is, “When will I be free to leave?" Officers do not like to be asked questions. They do not like you taking them off their script. Anything you can do to disorient them from their script is in your best interest.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219How do you get out of a DWI in Missouri? The Benjamin Law Firm is often asked this question, and the reality is when you're pulled over, your chances of getting out of a DWI are slim. If the police officer smells alcohol, notices slurred words or any confusion, they're going to ask you a lot of questions. They will do their DWI investigation and ask you to do field sobriety tests. They're ultimately going to ask you to provide a breath or blood or urine sample. If you want to get out of the DWI, you need to pass all the field sobriety tests. So, you don't slur your words, you aren't confused, and you take a breathalyzer test and are below a 0.08. And even then, if all of those things are perfect, you still could get charged with A DWI. If the officer wants to arrest you for A DWI, they're going to, and then you need a really good lawyer to help you get out of it.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Can a police officer sit outside of a bar and wait for people to leave? Yes, they can. Is it fair? No. But do they do it? Yes. People complain that the officer was sitting outside the bar between 10 PM and 2 AM to scare people into not driving. It’s one of their goals. But they also watch for people driving away, and they don't want you to see them before they sneak up and pull you over for a minor traffic violation. In Missouri, The Benjamin Law Firm has seen many people pulled over within less than a mile from a bar, and the officer was watching the whole time.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Can a Missouri police officer pull you over if they don't see a moving violation like speeding, following too closely, weaving, or crossing a line? Yes. They can pull you over if your license plate tag is expired or missing, if you don't have a front license plate, or if you have a taillight or a headlight out. They can also pull you over if the light above your license plate is not working. So be very aware of equipment violations that allow police officers to pull you over because a simple traffic matter can turn into a DWI.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219During a traffic stop, a police officer observes your driving and runs your plates for prior DWIs. If there are prior DWIs, they're more likely to pull you over. They can pull you over if they see a moving violation or any other kind of traffic violation like defective equipment. They're observing how you're driving and how you pull over, and they are observing as they walk up to your vehicle. Then they're going to ask questions and give orders. Those questions are designed to investigate you and determine if you are issued only a speeding ticket or have been drinking and driving. If you’re acting suspicious in any way or if they can smell alcohol, you’ll get questions. If the officer decides they're going to investigate you for DWI, they will ask you to exit the vehicle and perform field sobriety tests and do a preliminary breath test roadside.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219You have the right to refuse the breath test at the police station, but if you refuse, there are consequences. The cops are required to read the Missouri implied consent law, and they are not required to tell you you have a right to a lawyer. So express your desire to talk to a lawyer. The state can take your license for a year, but not immediately, like they will say. They give you a piece of paper, and it's a 15-day warning that your license is going to be revoked for a year. If you refuse, the police will ask a judge for a search warrant so they can draw blood. There are many steps they have to follow properly in order for the blood test to be used against you in a court of law. The police don’t always follow the steps, and that’s a way the Benjamin Law Firm wins cases.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219If arrested for a DWI, the police are not required to tell you you have a right to a lawyer. Talk early and often about your desire to talk to a lawyer. The minute they ask you out of your vehicle, ask to speak to a lawyer. After the cops tell you about implied consent at the station, they are required to give you 20 minutes to call a lawyer. They put you in a room with a phone, a landline, and a phone book, which in this day and age is not the best way to find a lawyer. In some jurisdictions, the police understand that phone books barely exist anymore and that you need your cell phone.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219There are many penalties for DWIs in Missouri, and it's going to be dependent on a few things. First, how many prior contacts do you have with law enforcement for alcohol-related traffic stops. If you were in an accident, if someone was injured, major or minor, there are consequences. However, the average offense is a first-time DWI with probation. The worst-case scenario is two years of probation known as SIS, suspended imposition of sentence. A good lawyer fights to do better than that. A bad lawyer just says, "Okay, you're going to plead guilty and get an SIS," which potentially you could have done without a lawyer at all.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219DWIs in Missouri can be misdemeanors, or if a city police officer pulls you over and it's your first or second offense, it's a municipal ordinance violation. If you are pulled over by highway patrol, it is a state charge. If the county sheriff pulls you over, it's a state or county charge. But it's going to be city versus you, county versus you, or state versus you. The other way to determine if it's a misdemeanor or a felony is if there's serious injury or death; those are always felonies in state court. If there are priors on your record and you pled guilty, that will be used against you. Furthermore, your third DWI arrest in Missouri is a felony. Unless the Benjamin Law Firm can win the case or convince the prosecutor to reduce it to a misdemeanor, you are a convicted felon for the rest of your life without the possibility of expungement

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102Belton, MO 64012 (816) 846-2219A DWI in Missouri will stay on your record for life, even if it’s a first-time offense suspended imposition of sentence (SIS) that many lawyers and even judges mistakenly say will not be on your record. That's not true. If you have a first offense and an SIS, it's not a conviction, there are no points, and it's not on your driving record unless you had a CDL. But it’s still a criminal charge you pled guilty to, and it will become a prior unless you do an expungement in 10 years. Then you hire a lawyer, go see a judge, and the judge would order the expungement if you qualify. The mistake people make is not qualifying because they got another alcohol-related traffic offense in that 10-year period. There are other qualifications, but that's the main one. The other mistake is not filing for an expungement.

Benjamin Law Firm - Call (816) 846-2219 Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Benjamin Law Firm - DWI & Criminal Defense Lawyers 4520 Main St Ste 1000Kansas City, MO 64111 A DWI charge can be dismissed, and that is the number one job at the Benjmain Law Firm Kansas City. They analyze every case by watching the videos and reading the police reports, talking to the witnesses, analyzing the crime scene, and the officer's behavior. Usually there's more than one police officer on the scene, so Benjamin Law can have multiple videos to analyze. They dissect the science to see if the breath test or the blood test is wrong. Then the judge can grant pretrial motions that cause the prosecutor to dismiss the case.

Benjamin Law Firm - Call 816-430-2460 - Visit https://www.dwicriminallawcenter.com/Benjamin Law Firm - DWI & Criminal Defense Lawyers 124 Cunningham Pkwy Suite 102 Belton, MO 64012 (816) 846-2219Benjamin Law Firm - DWI & Criminal Defense Lawyers 4520 Main St Ste 1000Kansas City, MO 64111 (816) 406-3867What you should do right away after a DWI arrest is call a very experienced DWI defense lawyer. Someone who specializes in this area of law. Someone who doesn't just do all the other areas of law in a general practice. You want someone who has fine-tuned their training and expertise on helping people in this situation. They know the science and the law, and they know how to win a case. They don’t look at a blood test result and give up, or look at a breath test and say there’s no way to beat the breathalyzer. There are ways, but not in every case. The Benjamin Law Firm analyzes the entire case, investigation, discovery, police reports, videos, and the law. They may conclude that it's in your best interest to plead guilty. However, talk to a lawyer who has the knowledge and expertise quickly.