Motorcyclist Crashes Into Parked Car - Accused Of Drunk Driving
A 24-year-old man sustained major injuries after he drove a motorcycle into a parked pickup truck in San Francisco. The major injury motorcycle collision occurred after 4 a.m. when the man allegedly took his friend's motorcycle for a test drive after leaving a party.
The man was not wearing a helmet, and broke his arm and leg in the motorcycle accident. He was arrested on suspicion of driving under the influence.
In Missouri, when an individual is stopped by the police while driving and the influence of drugs or alcohol is suspected, the officer will generally ask that the person take field sobriety tests. Such tests as walking in line and standing on one leg, help an officer decide if the individual should be arrested or take a Blood Alcohol Concentration (BAC) test.
If an individual's BAC level is .08% or more, the officer will likely arrest the person, take their license and give them a Notice of Suspension/Revocation if not a citation for Driving While Intoxicated (DWI). The notice tells the individual that they will not be able to legally drive after 15 days.
The notice also includes a form that allows one to request a hearing. The following details the process of a hearing:
1. The individual must indicate on the hearing request whether they want to have the hearing in-person or by telephone. If a request is not made, a telephone hearing will be scheduled.
2. If a hearing is granted, a permit to drive will be mailed to him/her if they have surrendered their driver license and are eligible to drive in Missouri. The permit will allow one to drive until 15 days after the decision from the hearing.
3. If a hearing isn't requested within 15 days from the date the Notice of Suspension/Revocation was issued, a hearing will be denied and no further appeal is possible.
4. The hearing date and time are mailed to the individual.
A first-time DWI 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 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.
In general, any person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally, regardless of whether there was a motorcycle crash or not, meaning that legal assistance is not only helpful, but necessary.
As an experienced Missouri attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately begin taking action on your behalf.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.MotorcycleInjuryLawGroup.com for more information.
