Missouri Criminal Lawyers Blog

The Missouri Highway Patrol and the National Highway Traffic Safety Administration have come together to announce the start of another "Drive Sober or Get Pulled Over" campaign. The enforcement crackdown on drunk drivers began on August 17, 2012 and runs through the upcoming Labor Day weekend. The campaign will be enforced throughout the state of Missouri over the busy holiday weekend.

Law enforcement officials say that substance-impaired driving contributes to nearly 30 percent of all Missouri traffic fatalities and they aim to lower that number during this period of heavy enforcement. Numbers show that there were 10,228 alcohol-related fatalities across the country in 2010, the equivalent of one death every 51 minutes. During the same time period, more than two-thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.

The NHTSA has released a series of tips for those on Missouri roadways over the weekend. Those out driving around should make sure to wear their seat belt as this will help reduce the chance of a deadly accident should you encounter a drunk driver. It's also important to be smart when out driving around. Twice as many alcohol-related crashes occur over the weekend than during the week and four times as many happen at night.

To avoid potentially injuring someone by driving drunk, make sure to plan ahead. Designate a sober driver before going out and give that person your keys. Otherwise take a taxi or use mass transit. If it's too late for that, you can consider spending the night rather than getting behind the wheel.

If you aren't smart in avoiding drunk driving, the problems can multiply. Not only can drunk drivers be charged criminally for their actions, but they also open themselves up to potentially expensive civil actions for the damages they inflict on others. The cost of one bad decision can haunt your for a long time to come.

The high stakes of a drunk driving conviction are why you should only hire the most experienced St. Louis criminal defense attorney to assist in your defense. If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Missouri law enforcement says 'Drive sober or get pulled over'," published at ConnectMidMissouri.com.

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Organizers of St. Louis' chapter of the World Naked Bike Ride report that 1,000 cyclists participated in the 10-mile ride through various St. Louis neighborhoods Saturday evening. The number of naked and semi-naked bikers, gathered to promote cycling and positive body images, is more than twice that seen in 2011. Does this mean naked bicycling is the next big thing? If so, what are the legal consequences of such a display?

In answer to the first question, we certainly hope not. Many in St. Louis appear to disagree though, as the city's version of the ride is now among the biggest in the country. St. Louis' total riders come in third place, after the 10,000 nude bikers in Portland, Oregon and the 1,400 in Chicago.

In answer to the second question, the issue can get a little tricky. Participants in the St. Louis ride were encouraged by organizers to ride as "bare as they dare." Such a statement would seem to provoke an immediate response from police, but not a single arrest occurred at the naked bike ride. In fact, the St. Louis Police Department was on hand to assist cyclists through busy intersections.

Organizers behind the World Naked Bike Ride said that St. Louis Police Department cooperates in traffic control and agreed not to make arrests because the event is viewed as a political protest. When nudity is not used in public for sexual or lewd reasons, it may be permissible. According to Missouri Revised Statutes Section 573.010.14c, a demonstration can only be considered pornographic if the material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.

For those naked displays not covered by political expression, Chapter 566 of Missouri Law governs. Section 566.093 states that:

"A person commits the crime of sexual misconduct in the second degree if such person: (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person."

Indecent exposure is the crime of exposing a private body part to others. Since there is usually no violence or touching of the victim, indecent exposure is usually considered a misdemeanor. Missouri law concurs and says that sexual misconduct in the second degree will be deemed a class B misdemeanor unless the person has previously been convicted of an offense under this chapter, in which case it is becomes a class A misdemeanor.

The consequences of a conviction can be severe and more serious charges can lead to mandatory registration as a sex offender under certain special circumstances. More than legal consequences, being arrested and charged with sexual misconduct can cause damage to your personal and professional image and should not be taken lightly. If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "World Naked Bike Ride draws 1,000 cyclists," by Diane Keaggy, published at STLToday.com.

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A St. Louis man was recently arrested after setting fire to a Chevy Monte Carlo located at the Perry County Community Lake. Federico Hurtado-Melgarejo, 29, was charged with knowingly burning, forgery (for a forged international license) and fugitive warrant possession of a controlled substance.

Last weekend around midnight the police responded to a call about a vehicle fire out by the lake at a boat ramp. The Perryville Fire Department was called to the scene and worked to contain the fire. They were able to identify not only the vehicle but where the singed car was registered.

While the police were in the area they happened upon a man in a ditch nearby. The man was later identified as Federico Hurtado-Melgarejo While police continued the investigation they happened upon two more Hispanic males waiting in a nearby Walmart parking lot in a vehicle that was also registered to Hurtado. The other men revealed that Hurtado had driven the car to the lake where he then set it on fire. They were told to wait at the Walmart for him to return.

All three men were detained but the two sitting in the Walmart parking lot were released without being charged.

Fire crimes in Missouri are no laughing matter and though they may seem minor, they are anything but. The vehicle fire in this case was on a smaller scale than typical incidents of arson which can result in severe penalties. A person is guilty of arson in Missouri when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forestland, or property. Any act of arson that causes great bodily injury is a felony punishable by imprisonment in the state prison for up to nine years.

In Missouri, Hurtado was able to avoid the more serious charge of arson because the state's law says that arson of property does not include one burning or causing to be burned his or her own personal property unless there is intent to defraud or there is injury to another person or another person's structure, forestland, or property.

Setting fires is a very serious criminal offense, as any experienced St. Louis criminal defense attorney can tell you. A conviction can land you in jail and result in a substantial loss of your freedom. If you have been accused of arson or any other criminal offense, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "St. Louis man arrested for setting car on fire at Perryville lake," by Amber Ruch, published at KFVS12.com.

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Missouri teenager Eric Bogard, of Creve Coeur, now faces two charges related to the alleged use of a laser pointer during Monday night's St. Louis Cardinals baseball game against the San Francisco Giants.

Bogard, a 17-year-old Ladue Horton Watkins High School student, was charged with disturbing the peace at an athletic event and violating the harassment section of an ordinance regulating possession and use of lasers. Bogard was a member of the school's lacrosse team.

Bogard's attorney has come forward and said there was no criminal intent, that the incident was only one of a bunch of young men doing immature things. Bogard is now paying the price for his immaturity, and was arrested after being personally identified by the Cardinals' Manager Mike Matheny as the person responsible for shining the green laser at the opposing team's pitcher. Bogard was released after posting $150 bail shortly after 1:20 a.m. Tuesday morning.

The teen was sitting in a private suite owned by Mercy Health where police said they encountered resistance while trying to investigate the incident. Most of the occupants of the box were teens.

Matheny said Tuesday he was shocked by what he witnessed. The Giant's pitcher was winding up when Matt Holliday saw a laser on his jersey. The umpire quickly called a timeout while a few people searched the crowd for the culprit. Play was resumed a few moments later. Not content with just joking the one time, Bogard apparently started up again, resulting in the whole dugout jumping up and looking for the perpetrator.

Matheny eventually spotted Bogard, making eye contact with the teen. Once he'd been caught, Matheny says the boy laughed, waved and pointed the laser back on the field yet again.

Matheny said the incident was likely one of boys being stupid, but pointed out that it's impossible to know whether it was a prank or a shooter in a crowded stadium. "It's a crazy world right now," Matheny said. "You start seeing lasers and big crowds. I don't think the kid knew the severity of what he was really doing. But there were a couple things that could have really gone bad there."

In addition to the criminal charges which have been filed against Bogard, the Cardinals said the incident will be raised with the suite owner, which could face a revocation of privileges.

If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "Laser-pointing incident at ballgame leads to fan's arrest," by Christine Byers, published at STLToday.com.

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A former St. Louis teacher is behind bars and currently facing charges of rape and statutory sodomy according to the St. Louis Post-Dispatch. The man, Donald Ingerson, 67, was arrested and charged earlier this week in St. Louis County for the crimes. He's still in jail on a $300,00 cash-only bond.

In a bizarre turn of events, St. Louis County Prosecutor Robert McCulloch said that Ingerson himself contacted his office several months ago with information about his prior sexual assaults of two former female students. McCulloch said this is the first time a criminal in a sexual assault case has ever come forward to his office. The incidents did not occur recently and were unrelated given that they were separated by almost 20 years. Even more bizarrely, Ingerson only made the confession because he incorrectly believed the statute of limitations had run out on both cases. McCulloch said Ingerson had no idea he would ever be charged and even scheduled meetings with investigators given his belief he was untouchable. This case should serve as a shining example of the need for an experienced attorney with knowledge of the ins and outs of Missouri criminal law.

Ingerson was finally arrested after driving to Missouri to meet with investigators from his home in Ely, Minnesota. The police started working right after his confession to lay the groundwork for the arrest, contacting both women about the claim. Both confirmed the details of the assaults which occurred when they were minors, and were happy to hear he would be charged.

The rape charge related to an incident that occurred in 1974 with a girl who was then under the age of 16. The statutory sodomy charge was from contact he had with a young girl, only 15 at the time, back in 1995.

Ingerson worked as a schoolteacher in five or six St. Louis County school districts over the span of more than four decades, beginning in the 1960s and lasting until at least 2010. Ingerson also served as a head baseball coach for the school district and tried his hand at coaching football and wrestling. Prosecutors say they have not heard complaints of any other incidents and Ingerson has denied any other crimes. The schools where Ingerson worked have all been contacted and an investigation into his contact with students is ongoing.

Sex crimes are taken very seriously throughout the country. Even the mere hint of an allegation can ruin an individual's reputation so it is important to have a strong advocate on your side if you have been accused of a crime. If you require the assistance of a Missouri criminal defense attorney, contact our St. Louis Criminal Defense Firm today at (314) 863-0500.

Source: "Former teacher in St. Louis area charged with sex crimes," by Nancy Cambria, published at STLToday.com.

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A woman from Jackson County, Missouri who was accused of providing alcohol to a teenage party guest who was later involved in a fatal car crash cannot be prosecuted for the death, according to a recent court ruling.

Circuit Judge Peggy Stevens McGraw referred to Missouri law and prior court decisions as justification for her decision to dismiss the charge of involuntary manslaughter. McGraw wrote that, "While other states have concluded that social hosts may be held liable to third parties for injuries inflicted by an intoxicated person, Missouri has not."

Though she avoided the much more severe felony charge, the woman, Sandra Triebel, still faces misdemeanor charges of supplying alcohol to a minor and allowing a minor to consume alcohol on her property.

Prosecutors argued that Triebel provided alcohol at a Halloween party back in 2009 and knew that the teens, including 19-year-old Kenneth Blake, would be drinking at her home. The boy's blood-alcohol level was discovered to be more than twice Missouri's legal limit after he was involved in a terrible crash that resulted in the death of a 16-year-old passenger of another vehicle. Blake is currently serving a six-year prison sentence after he pled guilty to charges of manslaughter and assault.

The decision by prosecutors was a risky one given that Missouri has seen a long line of cases where charges failed against those who supplied alcohol to drunk drivers. The state typically holds only the drunken drivers responsible for fatal accidents. Prosecutors in this case attempted to show that Triebel was criminally negligent and put events into motion that led directly to the deadly crash.

Judge McGraw disagreed with the prosecution, and instead relied on law in Missouri which specifically says that it is the consumption of alcohol, not the supply of it, that is the proximate cause of any injuries inflicted by a drunk driver. McGraw then wrote, "Therefore, this court is reluctant to find that a social host can be held criminally liable for the actions of the underage drinker without a clear declaration from the legislature."

If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Mo. judge dismisses manslaughter charge against adult party host in drunken driving case," by The Associated Press, published at TheRepublic.com.

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File this under bizarre criminal encounters. Police in Missouri say they have identified a "serial hugger" who has been terrorizing women in the St. Louis area for months. The problem from the police perspective is that they are not sure if he should face any criminal charges for his behavior.

The complaints arose from some 36 women who have said they were tricked into hugging a man they did not know. The man apparently seeks out women who are shopping alone and then pretends to be an old, long lost neighbor looking for a friendly hello.

According to a detective working on the case, the man walks up to woman and says "Hi! Remember me? How have you been?" The women obviously did not remember the pretend neighbor, but it happened so quickly and convincingly that they said they felt embarrassed not to have recognized him. He then continues the ruse by telling his marks that it's his birthday and throws his arms open for a big embrace.

The detective says that dozens of women came forward with their own stories after a local television station ran a story about the hugger. Some of the reports mention incidents that took place as far back as three years ago. All of the occasions reported thus far appear to have occurred in suburban areas surrounding St. Louis.

One woman reported being kissed on the lips by the man, though that's the most extreme his behavior appears to have been. The man was finally identified after one of his victims took down his license plate and police consulted security tapes from the supermarket where one of the hugs occurred. The culprit was described as a 44-year-old Caucasian with brown hair. Though his name has not yet been released, he was arrested by Warson Woods police at the end of June and released after being questioned by officers.

Prosecutors with the St. Louis County Prosecuting Attorney's office have not yet decided if they will move ahead and press third-degree assault charges against the overly friendly man.

If you've had a run in with the law and find yourself in need of a Missouri criminal defense lawyer capable of fighting for your freedom, don't hesitate to contact our St. Louis criminal law firm today at (314) 863-0500.

Source: "'Hug thug' dilemma: His 'crime' is strange, not illegal," by Rheana Murray, published at NYDailyNews.com.

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The Missouri Highway Patrol and Department of Conservation just announced that they arrested four people over the weekend on suspicion of drunken boating. Law enforcement officials also revealed that five people were arrested on felony drug charges during a special enforcement effort that recently took place on the Niangua River in Dallas and Laclede counties and Table Rock Lake in Stone County. The arrests were the result of an enforcement saturation and sobriety checkpoint on Saturday.

The sweep yielded substantial results, with the highway patrol reporting 13 misdemeanor drug violations, 15 minors in possession violations, one supplying alcohol to a minor violation, eight non-moving summonses and 80 warnings.

Though boating and beer might sound like a normal summer weekend treat, the fact is that Missouri law prohibits boating while intoxicated (BWI). The operation of any vessel while intoxicated due to alcohol or any combination of alcohol, controlled substances, or drugs is illegal in the state and can be punished severely.

Missouri law states that a person is intoxicated if that person has a blood alcohol concentration of 0.08% or more, based upon a chemical analysis of breath, blood, or saliva. Those convicted of boating while intoxicated are guilty of a Class B misdemeanor upon a first conviction. In addition, those convicted will be required to complete and pass an approved boating safety course. After a second conviction, a person is guilty of a Class A misdemeanor. Three or more BWI convictions will mean that a person will be found guilty of a Class D felony. Finally, if someone is boating while under the influence and causes the death or serious injury of another person, a felony conviction will result.

Just like with driving a vehicle, those operating a boat on Missouri waters are deemed to have consented to be tested for alcohol or drugs if so requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment. If you are arrested for BWI, you will be searched, handcuffed, taken to jail, photographed, fingerprinted, and bonded.

After that, the case will move forward towards full prosecution at which point you'll need the help of an experienced Missouri DWI attorney. If you find yourself in need of a Missouri DWI defense lawyer capable of aggressively protecting your interests, contact our St. Louis DWI law firm today at (314) 863-0500.

Source: "Four drunken boating arrests on Missouri waters," by Robert Cronkleton, published at KansasCity.com.

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