Legal Question in DUI Law in Missouri

My 18 year old son was ticketed for drinking and driving. He was over legal limit but this is his first offense. When he goes to court what can we expect and does he need a lawyer with him at the court date?


Asked on 7/23/11, 9:25 am

2 Answers from Attorneys

Sean Santoro Santoro Law Office

He should contact a lawyer immediately, as DUI law is complex with grave consequences for the defendant. Besides the criminal charge of DUI, which can result in jail and fines, he also faces suspension of his license unless he requests an administrative hearing immediately.

Some matters can be handled pro se, where a defendant represents himself. But I would not want to appear before a judge as a DUI defendant without a lawyer representing me. If your son has to appear before the judge without an attorney, he should plead not guilty and request a continuance to contact an attorney. If your son has no funds, he can at least request that the judge appoint him a lawyer.

Sean Santoro/Licensed in KS and MO

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Answered on 7/23/11, 10:32 am
Michael R. Nack Michael R. Nack, Attorney at Law

The prior response is very good. There is no doubt that your son should have the very best criminal defense attorney that he can afford. An attorney migt be able to defend the charge against him, and, if there is no defense, then the attorney should be able to negotiate a plea bargain that will avoid a conviction. There are various negative collateral consequences that may or may not be avoided. For instance, your son may be subject to the "abuse and lose" laws because of his age depending upon a variety of factors. He may be required to complete a program called SATOP, and he may have to comply with other conditions in order to avoid the worst of the negative consequences. In any event, it would be a very serious mistake for him to go through the legal process without a good attorney. If you are in my geographical area, I mgiht be able to offer my services for a reasonable fee. I have handled hundreds of such cases in the thirty-three years that I have been practicing law. Please feel free to contact me or have your son contact me for a consultation.

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Answered on 7/24/11, 6:53 pm


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