DWI Offenders 90% Caucasian

This statistic surprised me. Nine out of ten offenders are white. That's all I have to say on that.


source: SATOP

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New Light Sensor Test

According to DWI Institute, "The future of alcohol testing in DWI cases will likely soon include non-invasive alcohol testing."

This new test to find the alcohol level in the blood stream is based upon infrared absorption. A cop or whoever can just shine a light on the driver's skin and get a reading. As far as I know this new technology is not being used today since it relies on infrared readings. Why should that matter?

The technicians creating this new light sensor do not want their method to have the same problems that the breath testing machines have. Breath testing machines rely heavily on infrared readings. I can only conclude that means all infrared testors are possibly inaccurate.

I'll research the Intoxilyzer 5000 and the BAC Datamaster used in Missouri (both of which also rely on IR technology) and let you know what I find out.
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Mature Folks Prefer Drinking at Bars and Taverns

Most of what I have written in this blog so far is just legal background information and other common knowledge spread over the Net about DWI drivers. Statistics, opinions of professionals which they have made public knowledge, myths and the truth, government documents, exact phrase from law books, and so on.

MADD, most state government sites, anyone really associated with working on DWI problems in one way or the other, knows and has stated verbatium on their sites, what I state below:

The speed of alcohol absorption affects the rate at which one becomes drunk. Unlike
foods, alcohol does not have to be slowly digested. As a person drinks faster than the alcohol can be eliminated, the drug accumulates in the body, resulting in higher and
higher levels of alcohol in the blood.

The average person metabolizes alcohol at the rate of about one drink per hour. Only
time will sober a person up. Drinking strong coffee, exercising or taking a cold shower
will not help.

There is evidence that heavier drinkers prefer to drink at bars and other person's
homes, and at multiple locations requiring longer driver distances. Young drivers have been found to prefer drinking at private parties, while older, more educated drivers prefer bars and taverns.
However, I do disagree with the second paragraphy: I agree that time will sober a person up but I also believe coffee, exercise or a shower (even more so if it is cold) will bring someone who has drank too much around to being more sober -- not completely sober, true, but more sober than before those events.

I have always been for the underdog. The underdog needs help but is seldom given it. I am not a drinker but I know plenty of folks who are drinkers: beer drinkers. Missouri is a beer drinking state and it is common to see beer sold in grocery stores and even the smallest little town is as likely to have a bar as not to have one.

This blog is not about the fact that beer is seen in a friendly way down here. I have no problem with that per se.

My blog is not about how easy beer is to get; my blog is about law makers who made that beer so easy to get. That makes law makers in Jefferson City partly responsible for the effect it has on a small percentage of Missourian's who are alcoholics.

My blog is about the fact that a man or woman who is an alcoholic is thought of by MADD, government, and others as "horrible monsters" who should be "locked up for life" or worse. Not everyone believes that harshly at those places, but many do.

I believe that thinking of alcoholics that way can only be compared to thinking that way about someone with cancer or some other disease. These people are treated with medications and hospitalization. They are helped in every way possible in our society. I am saying we should do the same for alcoholics.



Neither does my blog sanction drunk driving, no more than I sanction being drunk at all. I do not think it is fine and dandy -- personally, anyone who has had too much to drink repulses me and I avoid them -- my opinion at those times is "a drunk person is a waste of time to talk to. At that point, they are helpless and must be cared for."

They are not criminals and they are not felons. Prison time is only going to make the lives of these men and women even harder for them. Repeat offenders of driving while high on liquor should have their licenses revoked and then pass muster somehow to get it back. No time frame.

I'm not DWI expert but I do know punishment for having a disease is wrong. Help me find the right way to deal with these poor souls.
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Alcohol Convictions -- Official Law in Missouri from Dept of Revenue

Alcohol Convictions Statutory References: 302.302, 577.010, and 577.012, RSMo

Points are added to a driver's record for an alcohol related traffic conviction.

1. First conviction for excessive blood alcohol content (BAC) - 8 points

2. First conviction for driving while intoxicated (DWI) or driving under the influence of drugs (DUID) - 8 points

3. Second or subsequent conviction for DWI, DUID or BAC - 12 points

4. Commercial motor vehicle .04% - 2 points

A first-time DWI or BAC conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met. A person convicted of operating a commercial motor vehicle while his or her alcohol content is .04% will be assessed 2 points and disqualified from driving a commercial motor vehicle for one year.

Multiple Convictions

A driver convicted of a second alcohol offense, regardless of the length of time between convictions, is revoked for a period of one year. A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.

A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.

Reinstatement

A person whose driving privilege is suspended or revoked may have his or her driving privilege reinstated after the suspension or revocation period is served if all requirements are filed with the Department of Revenue. If a driver does not satisfy the reinstatement requirements, the driving privilege remains suspended or revoked.

Anyone suspended or revoked for points assessed as a result of an alcohol-related conviction must meet the following reinstatement requirements:

1. Pay a $45 reinstatement fee.

2. File and maintain proof of financial responsibility for two years from the suspension or revocation date.

3. Provide proof of successful completion of a Substance Abuse Traffic Offender Program (SATOP) or comparable program. The Division of Alcohol and Drug Abuse will send this form directly to the department after the program has been completed. Any questions regarding SATOP comparable programs should be directed to a certified SATOP Offender Management Unit or the Division of Alcohol and Drug Abuse at (573) 522-4020.

Any driver revoked for at least one year is also required to take and pass the complete driver examination and apply for a new license at proper fee.
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Official MO Dept of Revenue Laws

Driving While Intoxicated (DWI)

When an individual is stopped and arrested upon probable cause that they were driving a vehicle while their blood alcohol level was over the legal limit, two separate sections of Missouri law govern the arrest and suspension and/or revocation of the driving privilege.

Without a good lawyer and I mean one familiar with a DWI driver's rights, someone with a fraction over the limit is going to end up in the same place as someone who was so drunk he didn't even recall the incident of getting arrested.
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Smell of Soap and Water, Liquor, Children and Pine

Jerrine Rupert Wire remembers:

My Wild Irish Rose", the sweet haunting melody floats to my ears and memory swiftly flies back across the years. in fancy I see again the rough two-storied building built of rough-hewn logs hauled from the near by mountains. It is night and cold as all nights are in this high country. The yard around the building Is filled with saddle horses and teams hitched to light wagons and buggies. From the building pours the sound of music, gay and loud and beautiful to the ears of the listeners.

Warm yellow light from the kerosene lanterns in the "hall" cut bright slices in the darkness. Inside the families of the ranchers in the remote valley are dressed in their very prettiest and are happily dancing, awkwardly, with much stomping and scraping and whirling. Dancing to old tunes almost forgotten now. The fiddlers are neighbors who just "picked up" music and who play only a limited number of tunes they all know. The good smell of strong coffee and good cakes, of soap and water and perfume, of tobacco and liquor, and of children, and sagebrush and pine. The great stoves at each end of the hall roar merrily. Little children sleep on quilts and coats on the floor and benches back of the stoves. Older children scamper about or try to learn to dance.

Suddenly there comes the sharp sound of a man banging a stick on the floor of the dance hall. A laugh and knowing look passes quickly along the faces of the crowd. Everyone knows Mick, the lovely Irishman, the village drunk, a bachelor, a very fine smith and mechanic. His frail looking body is in reality a steel wire capable of enduring roughest, hardest labor and bitter cold. His beautiful blue eyes gaze over the crowd as his fogged wits collect themselves. Suddenly he stands proud and tall and poised and waiting. The fiddlers begin his song and from him comes the purest tenor voice singing lovingly, sweetly, "My Wild Irish Rose".

The haunting melody lifts the souls of all who hear it from the dull days, the loneliness the disappointments, the ugliness of today's chores. Their minds soar with the rising notes and trip happily to the lilt of this simple song. They share again the love expressed by the young lover of long ago. Mick's weaknesses and faults are gone and he who was never to know real love, stands strong and filled with love and beloved. No one ever broke the spell he cast upon all of us.
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Satop Studies Reveal Age of DWI Offenders

Take a moment to examine this graph by SATOP. SATOP believes it is their intervention that decreases DWI driving but I disagree. Missouri's obsessive DWI arrests for even a fraction over the limit with the man or woman showing no signs of drinking often ruin the lives of thousands of Missouri's young folks ages 21 to 45.


These are family men and women and like I've said before, drinking socially in Missouri is almost a given but Missouri turns such people into prison labor, makes them felons so they can't vote, destroys the families, ruins spouses and childrens lives with disgrace and . . . I could go on but it's too heavy on my heart to do so right now.


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Missouri Capitol Building

Missouri was awarded a second Access to Recovery Grant in 2007. A total of $14.2 million over three years to continue a statewide voucher system for adults that affords genuine, free and independent choice among an increased number of qualified service providers; provides recovery support services through traditional, non-traditional and faith-based organizations; expands the existing managed care system for proper control and monitoring; and measures outcomes in seven critical domains.

Missouri will build upon its existing partnership with the Missouri Department of Corrections by expanding the network of recovery support providers and services to offenders with substance abuse problems who are transitioning from prison to the community.
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Never Plead Guilty and Ask for a Jury Trial

RSMo. Section 302.535.1.


The “burden of proof” is on The Missouri Director of Revenue to establish grounds for the suspension or revocation or your driver’s license by a preponderance of the evidence. RSMo. Section 302.535.1.

In applying this statutory scheme, The Missouri Supreme Court in Verdoorn found that the Missouri Director of Revenue must initially present prima facie evidence to establish probable cause for the arrest and that your blood alcohol level was .08 % or greater.

The Verdoorn court found that any such evidence presented by the Missouri Director of Revenue “creates a presumption that the driver was intoxicated.”
 
The driver is then entitled to rebut the director’s prima facie case with evidence that his blood alcohol content did not exceed the legal limit. Ultimately, the hearing officer or circuit court must determine whether the director has met her burden of proof by a preponderance of the evidence.
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How Missouri Men Get Felony Records and Lose Voting Rights

FELONY OPERATION OF A MOTOR VEHICLE WITHOUT A PROPER LICENSE- RSMo. SECTION 302.020

It shall be unlawful for any person, except those expressly exempted by RSMo. Section 302.080, to operate any vehicle upon any highway in this state unless the person has a valid license.

RSMo. Section 302.020(1). Any person convicted of a third or subsequent time of violating RSMo. 302.020(3) is guilty of a Class D felony. State v. Louis, #ED80357 (Mo. App. 4/8/03)

It is important to note that convictions are required to enhance sentencing in this context. Suspended impositions of sentence do not count.

From everything I've read as to the right of folks being charged with DWI charges, keep two things memorized in your mind: plead not guilty and ask for a jury trial. I'll go into that later on in great detail because it is so important for you to understand.
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Benefit of DUI Court Questions Effectiveness of Prison Sentences

A study appearing in Evaluation Review (Vol. 31, No. 1, 2007) reports results from an evaluation of the experimental Rio Hondo driving under the influence (DUI) court of Los Angeles County, California.

Interviews and official record checks with 284 research participants who were randomly assigned to a DUI court or a traditional criminal court were assessed at baseline and at 24-month follow-up.

The interviews assessed the impact of the DUI court on self-reported drunk driving behavior, the completion of treatment, time spent in jail, alcohol use, and stressful life events.

Official record checks assessed the impact of the DUI court on subsequent arrests for driving under the influence and other drinking-related behaviors.

Few differences on any outcomes were observed between participants in the experimental DUI court and those assigned to the traditional court. The results suggest that the DUI court model had little additional therapeutic or public safety benefit over the traditional court process.

The implication of these findings for the popularity of specialized courts for treating social problems is discussed.

The study was conducted by J.M. Macdonald, A.R. Morral, B. Raymond and C. Eibner.  This summary is from ICADTS.org “Reporter” newsletter for Summer of 2007.
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Know What the Law Knows: Get Your Driving Record

Ask about a ticket, license suspension or revocation 24/7

If you have questions about a ticket, suspension, or revocation on your Missouri driver record, you may now call a new interactive voice response system at 573-526-2407. This service is available 24 hours a day, 7 days a week.




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Binge Drinking Rates in Missouri

Binge alcohol drinking rates in Missouri remained approximately the same for persons 12 years or older with no significant changes between 2002-2003 and 2005-2006 but they significantly declined among youths aged 12-17 years, from 12.61% to 10.77%.

Binge alcohol use is the drinking of 5 or more drinks on the same occasion,e.g. within a couple of hours or within the same day.

I thought of binge drinking as a college kid thing, but according to this definition, anyone who has over five drinks is binge drinking. If all the departments of
the Missouri government related to alcohol use know this, then the state is basically entrapping its citizens by providing them with public places to ingest alcohol and arresting them as they leave.

The state encourages alcohol use in public places (even many of our state representatives use alcohol at social gatherings) by issuing alcohol licenses to thousands of social bars and saloons and then planting road blocks close to these saloons and bars at closing time to catch citizens as they drive home.

If they concentrated on really crazy drivers swerving all over the road I could understand it being necessary. However, they stop everyone! And even if you do not show signs of
drinking, they test you anyway because you might be someone who can function well with a couple drinks under your belt -- the MADD ladies serving the cops coffee and donuts don't want anyone to escape.

Lonely folks go there to socialize but most of these lonely folks don't have anyone to drive them home. Is that going to stop them from seeking to alleviate their lonely hearts -- of course not. These folks are often just poor, hardworking people who need to release tension from a life that is hard and the music and laughter and relaxation of sitting in a familiar nightclub or neighborhood bar is irresistible to them.

It is inhumane to imprison such people.

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SATOP -- Know Your Rights

Fees Charged and Why
All applicants entering SATOP must pay a $145 supplemental fee at the time of the initial screening interview. The money collected by each program is deposited in the Mental Health Earnings Fund. Money.These funds are then used to purchase approved intervention and counseling services for repeat and persistent DWI offenders who may otherwise be unable to afford these services. The $145 supplemental fee and a $126 screening fee are due at the time of the initial appointment for screening ($271 total).

Missouri law now requires all persons arrested for DWI to complete Magnify glass.an assessment screening of their alcohol and substance use related to their driving behavior. This screening consists of a Department of Revenue driver's record check, completion of the Missouri Driver Risk Inventory II (DRI-II), and an individualized interview. The results of the screening determine the appropriate level of SATOP placement for each client. Once examined, SATOP officials assign the appropriate service(s) for the individual, which are listed below in Step 2.

Client (you) Assigned Level of 

1-- Offender Education Program (OEP): A 10-hour education course designed specifically to assist lower risk, first-time offenders in understanding the choices they made that led to their intoxication and arrest. Education is key to helping first-time offenders take responsibility for their actions.

2--Adolescent Diversion Education Program (ADEP): An education program for minors who may have received Abuse/Lose, Minor in Possession, or Zero Tolerance offenses.

3-- Weekend Intervention Program (WIP): A level of service designed for repeat offenders or "high risk", first-time offenders using intensive education and counseling intervention methods over a marathon weekend of structured activities. The program is conducted in a restrictive environment.

4--Clinical Intervention Program (CIP): A 50-hour outpatient counseling program consisting of individual counseling, group counseling, and group education. Ten hours must address DWI/DUI issues.

5-- Youth Clinical Intervention (YCIP): A program for minors who have been identified through the screening process as having serious problems with substance abuse.

6-- Traditional Treatment: Individuals presenting for SATOP services having multiple alcohol or drug related traffic offenses, or those identified through the screening process as being at a �high risk� for chemical dependency, may receive a recommendation for traditional substance abuse treatment. This treatment may be in the form of a residential or outpatient program but must be completed at a state certified, or nationally accredited, substance abuse treatment program. For more information about these types of programs, you may contact any Division of Alcohol and Drug Abuse District Office or search the Treatment Services Locator.

The only one of these "programs" that make sense for DWI offenders to go through is the WIP

WIP is a 20-hour intervention and education program conducted in 48 consecutive hours in a restrictive environment during one weekend.  This program is primarily designed for second-time DWI offenders, or those identified during the assessment screening process as being at risk for abusing substances.   WIP activities include an assessment, a medical screening, group education, individual counseling, and other intervention and confrontational activities designed to make the individual assess his or her personal responsibility in the area of impaired driving.  WIP is designed primarily to heighten the individual's awareness of the negative consequences of alcohol and drug usage in his or her life.  Although some counseling techniques are used during the program, methods to reduce or eliminate the individual's anxiety related to impaired driving behavior are generally not appropriate at this level.  WIP is designed to assist the individual to "feel the heat" and motivate them to make change in their lives.
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Statistic from SATOP

Look at these SATOP statistics:

* 30,250+ clients/year
* Sex -- 79.2% males and 18.2% females
* Avg. income -- $22,483
* Avg. education -- 11.6 years
* Avg. # DWI -- 1.6
* 36.2% report more than one DWI
* Avg. BAC -- 0.146

In plain English here is what they are saying:
About 25,000 workers making less than $22,000 a year because they never graduated high school get nearly two DWI charges against them per year in Missouri.

If the lives of those workers were not already difficult enough, now they have the added expense of attending meetings, insurance rates increase, some lose their jobs, and guess what?

With all that legal trouble coming down the pike, these folks drink even more to escape their hopeless condition. And eventually their desperate struggle leads them down a road to same punishment bank robbers, murderers and real criminals travel.
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Official MO Dept of Revenue Alcohol Laws

Criminal Alcohol Law

This law deals with the ticket that was issued. If an individual is convicted of an alcohol related offense, the court sends a copy of the conviction to the department, and the proper points are assessed to the individual’s driving record. Subsequently, an individual's driving privilege may be suspended or revoked for accumulation of points.

Administrative Alcohol Law

This law initiates a suspension or revocation of the driving privilege if an individual's blood alcohol content level is over the legal limit. This is an automatic suspension/revocation (unless appealed and won through the Administrative Hearing or Trial DeNovo process) even if the ticket was disposed of in court or reduced to a lesser charge.
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Attorney Matthew Guilfoil Discusses Drivers Rights

Many are given a false sense of security about SISs, and believe that if an SIS is given, an employer cannot tell that they got a DUI / DWI. [However] there are two parts to a DUI / DWI case in Missouri, the civil and the criminal.

A Missouri driving record shows both criminal convictions and civil license suspension issues. If you receive a conviction, it will definitely show on your driving record. But even where you have been given an SIS or diversion in the criminal portion of your Missouri DUI / DWI case, if your license is suspended in the civil portion of your case, it will show as an alcohol revocation, also indicating you had a DUI / DWI at that time even where the SIS or diversion does not show. You should also be aware that civil alcohol sanctions against your driver's license can never be expunged in Missouri.


There are numerous employers which will not hire you or who will fire you if you have a DUI / DWI conviction in your driving record, or if they can tell you received a DUI / DWI from your drivers license being suspended from an alcohol revocation.

If you are already employed and are accused of DUI / DWI, a conviction may end your employment. In fact, upon a pending DUI / DWI being reported to some employers, you will be either terminated or suspended from any company activities involving driving. This is particularly true where you drive a company car.

Even if the employer does not run background checks, the insurance company will usually periodically run driving records of all drivers covered under a company policy, and will double or triple the rates of the company for anyone being carried by the company as driving a company vehicle who has received a DUI / DWI.

Even employers who are not inclined to fire you may have little choice when faced with having their corporate vehicle insurance rates doubled or tripled because of your DUI / DWI.

Persons with high security clearance may not be able to avoid the DUI / DWI being detected. Any government agency or subcontractor dealing with government projects will be scrutinized at a far higher level than a normal employee.

These institutions have direct access to difficult-to-access computer databases, such as the NCIC (National Crime Information Computer) or your state's equivalent. Every ARREST will be shown on these comprehensive records, not just convictions.
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Destruction of Missouri Men

Is a depressing place like this where Missouri brothers, fathers, sons, and loved ones should be caged for years because he has a weak DNA which causes him to drink too much?

Did he get in a car accident and as a result kill someone?  No.  These are men who just drank too much beer or other alcohol and then thought themselves okay to drive back home.

They had jobs, families, dreams and hopes ... and they had alcoholism.  Usually when such men get out of prison, they have a felony record and cannot get a job, their families have moved on, and without outside help, these once productive citizens become despondent and homeless and their only out, it seems to them, is to get lost in more alcohol consumption.
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DWI drivers in prison


In Missouri beer and liquor are sold in grocery stores. Why then with this alcoholic drink sold literally everywhere you go, are so many men and women in prison because they drink it and drive home.

Most of the citizens in prison did not have an accident or even drive poorly. But instead, they were caught in a blockade set up by the police to catch citizens who drink a little and then drive.

Is that not entrapment?


Follow me as I investigate the real statistics on citizens of Missouri in prison for drinking and driving. I believe these laws are too harsh, do not solve the problem, and that it is cruel and inhumane treatment of alcoholics, who would benefit from rehabilitation, but not the type found in prison.


When these folks get out of prison, they cannot get a driver's license, have a felony record, owe money to the prison and state, and unless they are fortunate enough to have loving, understanding, and caring family to help them get back on their feet, these once productive citizens are lost to homelessness and destitution.


Follow this blog as the facts come out. Click on the "Follow This Blog" link (top left column). Thank you.
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