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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Missouri Drugged Driving

In Missouri, a person is guilty of DWI if he or she operates a motor vehicle while in an intoxicated or drugged condition. Mo. Ann. Stat. § 577.010(1) (West 2010). A person is in an "intoxicated condition" when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof. Id. § 577.010(3).

Implied Consent

  • Any person who operates a motor vehicle upon the public highways of Missouri shall be deemed to have given consent to chemical tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood. Id. § 577.020(1).

  • If a person when requested to submit to any test requests to speak to an attorney, the person shall be granted twenty minutes in which to attempt to contact an attorney. Id. § 577.041(1). The right is only triggered if person requests to speak to attorney. Id.

  • If accused refuses upon the request of the officer to submit to any test, then none shall be given and evidence of the refusal shall be admissible in a DUI prosecution. Id. § 577.041(1).

  • Refusal will result in license suspension for one year. Id. § 577.041(3).

  • The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer. Id. § 577.020(5).

Penalties

  • First Offense Class B misdemeanor - imprisonment term not to exceed 6 months; offender required to participate in and successfully complete a substance abuse traffic offender program; 30 days mandatory license suspension. Id. § 577.010(2); Id. 558.011(1)(6); Id §577.049(1).

  • Second Offense (within 5 years) class A misdemeanor - imprisonment term not to exceed 1 year; 5 days mandatory minimum imprisonment; 30 days community service; fine of not more than $1,000; two year mandatory license suspension Id. § 577.023(2); Id. § 577.023(1)(6); Id. § 558.011(1)(5).

  • Third Offense Class D felony - imprisonment for a mandatory 5 days, but not to exceed 4 years; 60 days community service; fine of up to $5,000; license revocation for at least three years. Id. § 577.023(1)(5)(a); Id. § 577.023(3); Id. § 558.011(1)(4).

  • Fourth Offense Class C felony - imprisonment for a mandatory 60 days, but not more than 7 years; fine of up to $5,000; license revocation for at least three years. Id. § 558.011(1)(3).

  • Fifth Offense Class B felony - imprisonment term not less than 5 years, and not to exceed 15 years; license revocation for at least three years. Id. § 558.011(1)(2).

Sobriety Checkpoints

In Missouri, law enforcement officials are entitled to conduct sobriety checkpoints under both the state and federal Constitutions.

  • State v. Canton, 775 S.W.2d 352 (1989) requires written procedures for checkpoints.

  • Attempt to avoid a checkpoint by making a U-turn after sign announcing sobriety checkpoint produced probable cause for stop. Oughton v. Director of Revenue, 916 S.W.2d 462 (1996).

  • Police may use a deceptive "drug checkpoint," from which vehicles will turn amounting to "individualized suspicion" thereby allowing for a stop. Missouri v. Mack, 2002 Lexis 12 (Mo. 2002).

Missouri Penalties


Incarceration


Fine

Possession or Trafficking

35 g or less

misdemeanor

1 year

$1,000

35 g to 30 kg

felony

7 years

$5,000

30 to 100 kg (trafficking)

felony

5 - 15 years

$5,000 - $20,000

100 kg or more (trafficking)

felony

10 years - life

$5,000 - $20,000

Sale or Cultivation

5 g or less

felony

7 years

$5,000

5 g to 30 kg

felony

5 - 15 years

$5,000 - $20,000

30 to 100 kg

felony

10 years - life

$5,000 - $20,000

100 kg or more

felony

10 years - life*

$5,000 - $20,000

Sale to a minor

felony

5 - 15 years additional

$5,000 - $20,000

Sale within 2,000 feet of school or 1,000 feet of public housing

felony

10 years - life

$5,000 - $20,000

*No probation or parole.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession

misdemeanor

1 year

$1,000

Paraphernalia sale

felony

5 years

$5,000

 

Details

 

Possession of 35 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine up to $1,000. Possession of greater than 35 grams is a felony and is punishable by up to seven years in prison and a fine of up to $5,000. Possession of greater than 30 kilograms is considered trafficking and the penalty is 5 - 15 years in prison. Possession of 100 kilograms or more carries a penalty of 10 years - life in prison.

Sale or manufacture of 5 grams or less of marijuana is a felony, punishable by up to seven years in prison and a fine of up to $5,000. Sale of greater than 5 grams carries a penalty of 5 - 15 years in prison. Sale of greater than 30 kilograms is punishable by 10 years - life in prison and sale of 100 kilograms or more is punishable by 10 years - life in prison with no probation or parole.

Any sale to a minor increases the penalties by 5 - 15 years in prison. Any sale within 2,000 feet of a school or within 1,000 feet of a public housing project increases the penalties to 10 years - life in prison.

The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. The sale of paraphernalia is punishable by up to 5 years in prison and a fine of up to $5,000.

Senate Bills 5 and 21 altered the state’s forfeiture laws. Most notably, they require that law enforcement report all seizures to the prosecuting attorney or the Attorney General, who must then make an annual report of the activity to the department of Public Safety and the State Auditor. In addition, no property may be transferred to a federal agency without judicial approval, and any agency making a seizure must file an annual audit with the state auditor’s office. Failure to comply, is punishable by a fine of up to $1,000.

 



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