News

For the second consecutive year, Social Security beneficiaries will see their benefits increase by under 2%.  The annual cost-of-living adjustment (COLA) of 1.5% for 2014 was announced today, the smallest increase ever since the automatic adjustment system was first established nearly 40 years ago.  This COLA increase is slightly lower than the 1.7% increase implemented for 2013, and an average recipient should expect to receive an additional $19 per month under this increase.

After some good years at Westport Plaza in Maryland Heights, the Law Office of Nicholas Lindley has moved to beautiful downtown Webster Groves!  Come check out the new space, located in the Bank of America building at 75 West Lockwood, at the corner of Lockwood and Gore.

Beginning October 1, 2013, requirements regarding the Ignition Interlock Device (IID) will change in many ways, which is good news for drivers currently facing lengthy suspensions/revocations of their driving privileges.  Some of the changes, found in Senate Bill 480, include: 1. Drivers facing 5- and 10- year denials must now equip their vehicles with a special IID that features GPS and photo identification technologies in order to apply for Limited Driving Privileges (LDP) and/or apply for reinstatement when their denial concludes; 2. The current 30-day "hard suspension" for 1st-time DUI offenders can be reduced to a 15-day "hard suspension", provided [...]

Beginning tomorrow, Thursday September 13, the municipal courts in Maplewood and Richmond Heights will have a warrant amnesty program.  For just $200, defendants can have their traffic warrants recalled (ONLY traffic-related warrants qualify for this program, FYI). You can receive an amnesty voucher for just $200 by providing a valid form of photo ID at either municipal court during the following hours: Thursday 9/13 (Maplewood 9:00am-3:00pm) (R.H. 10:00am-2:00pm) Friday 9/14 (Maplewood 9:00am-3:00pm) (R.H. 10:00am-2:00pm) Saturday 9/15 (both locations: 10:00am-2:00pm)

Do you have a misdemeanor warrant in a municipal court here in the St. Louis area?  If so, you may be able to have the warrant(s) recalled during this year's Amnesty Days program held next month at local community colleges.  For just $10, you can purchase a Warrant Cancellation Voucher which you can bring with you to the issuing court.  When you arrive at that court, simply provide the Voucher and pay $100 bond and you will be given a new court date.  Your warrant will be recalled and you can then decide whether to represent yourself in court or [...]

Effective July 1, drivers who have had their driving privileges taken away for 5 or 10 years will no longer have to wait to apply for Limited Driving Privileges.  Drivers with 5- and 10- year bans currently have to wait 2 and 3 years respectively to apply.  Beginning July 1, these drivers may apply for Limited Driving Privileges right away, provided they install an Ignition Interlock Device in their vehicle. Two or more past refusals will no longer automatically disqualify drivers seeking to legally drive to and from work/daycare/health care/school, etc. while their license is suspended or revoked.  However, a [...]

Here's one attorney's humorous response to a baseless and unjust cease and desist letter intended to shut down his client's harmless website.  From Gawker -

Checkpoints have been announced for St. Louis City, St. Louis County, and Columbia throughout the St. Patrick's Day weekend (March 14-17).  Municipalities in St. Louis County have also announced roadblock plans for this weekend, including Clayton and Creve Coeur (hint: be careful on Olive Road in Creve Coeur between Ballas and Mason).  Drive safe out there, and remember that the luck of the Irish cannot save you if you have been drinking and you find yourself in one of these checkpoints.

The Court of Appeals heard a trio of cases regarding the use of red-light cameras in St. Louis City, Creve Coeur and Florissant this week.  The same constitutional and due process arguments that have been raised since these controversies began were raised again this week - namely, that these violations unjustifiably force a defendant to prove his innocence rather than place the burden of proof where it should be - with the State. The three-judge panel is expected to rule on these issues later this year.  This court will also soon hear a similar case out of Arnold, and the [...]

It comes as a surprise to many drivers that it is against the law to text and drive in Missouri if you are under the age of 21.  Apparently this law also comes as a surprise to many law enforcement officers, as a report released today indicates that "fewer than 4 people a month" have received texting-while-driving citations since the law was passed in 2009.  In nearly half of Missouri's 144 counties, not a single such citation has ever been issued.  And in counties where there have been a handful of these tickets handed out, the fines are more often [...]

Yesterday in Jefferson City, representative Rory Ellinger (D - U.City) introduced two bills which both aim to greatly decriminalize the possession of marijuana throughout the state.   The first bill (intended to repeal RSMO 195.202 and RSMO 195.233) is a bare-bones marijuana decriminalization law.  If passed, this law would make it so that anyone caught with under 35 grams of marijuana would not be arrested, but would rather be given a ticket and a court date.  [This is the the current practice in some local municipalities, but is by no means the predominant method of charging people with small-time marijuana possession].  [...]

Missouri Highway Patrol troopers arrested 130 drivers for DUI between December 21 and midnight on Christmas day this year, more than doubling the 56 arrests made by the department during this same weekend in 2011.  The increase is due, in some part, to the longer weekend, as Christmas fell on a Tuesday this year.  42 drivers arrested by the MOHP were taken off the road in the St. Louis area.  The high number of drivers arrested during this brief period is made even more alarming when one considers that drivers arrested by county and municipal law enforcement officers were not [...]

County police departments in St. Louis and St. Charles Counties are increasing their sobriety checkpoint patrols next week (Dec 10-16) as part of their annual "Holiday DWI Enforcement Campaign".  This campaign was highly successful last year, according to press releases and, more poignantly, calls to this office. Unlike usual checkpoint campaigns, last year's Holiday Enforcement checkpoints were often held at earlier hours, undoubtedly to catch drivers who may have had too much to drink at office holiday parties or happy hours.  Please be safe this holiday season and know when to say when...

With colder weather and darker nights, November has traditionally been a busy time for sobriety checkpoints.  Expect this year to be no different.  While STL PD and local County departments have yet to formally announce their plans, Lake Saint Louis was the first local municipality to announce an increase in roadblocks in November.  Expect the number of municipalities declaring an increase on DUI patrol in November to increase in the coming days.  Check back here for more updates, and be safe out there.

Odd story out of Kansas City, but one which could prevent DUI arrests and accidents, and better educate citizens about their actual BAC level.  K.C.P.D. officers, participating in a "Know Your Limits" program, were outside of bars last weekend with portable breath test devices in hand.  They offered free breath tests to any bar patron who wished to find out his or her blood alcohol level.  The officers claim these free tests were strictly an "educational exercise", and not meant for any entrapment purposes. According to this article, many patrons who took the test were shocked at how high their [...]

Another lawsuit challenging the use of red light cameras was tossed out of court last week, this time in Arnold.  The City of Arnold and the company who operates these devices, American Traffic Solutions, had their request granted to throw out the class action lawsuit.  The Simon Law Firm is already working on an appeal of this case, as well as other similar red light camera cases in Creve Coeur and Kansas City.  Indeed, as the judge in this case stated in his opinion, "this court's decision is by no means the last word on these issues."  While this may [...]

While the temperatures may be cooling down somewhat, you can expect enforcement of impaired driving to heat up during the rest of August, and into next month's Labor Day weekend.  You can read more about the checkpoints, planned by St. Louis County police and other municipalities, such as Webster Groves, here.

Police departments in several counties in the St. Louis area have announced plans for an increased effort to combat drunk and impaired driving during the month of July.  St. Louis County police, fresh off conducting several checkpoints in Creve Coeur in other locations over the weekend, have announced plans to conduct roadblocks at undisclosed locations throughout July.  Drivers can expect similar increased enforcement from the Missouri Highway Patrol in nearby St. Charles, Jefferson, Warren and Franklin Counties in July. As always, be careful and plan accordingly.  You have rights which must be protected should you be subjected to a stop [...]

Mizzou students take heed: Columbia police will be conducting several checkpoints now through next weekend.  This time period includes Cinco de Mayo, as well as end of semester/college festivities.  There will be special emphasis on Missouri's "zero tolerance" law which states that drivers under the age of 21 cannot have a blood alcohol concentration (BAC) above .02.   Younger drivers should be especially careful during this period and should plan accordingly and responsibly.

The St. Louis County police department has been very busy recently with increased checkpoints, and this trend will continue, according to a County PD press release.  An alarming number of drivers, including a somewhat high profile person, were arrested during checkpoints in March in Town & Country, Chesterfield and Fenton.  As usual, exact dates, times, and locations for these April checkpoints will not be released by the Department.  Be careful out there!

You should take any survey conducted by Men's Health magazine with a boulder of salt, but their most recent study lists the cities with the most dangerous drivers and puts St. Louis at the top of the list, with a grade of "F".  This survey (painstakingly researched, I'm sure) takes into account such factors as fatality crashes, alcohol-related crashes, hit-and-run incidents, etc. This is not the first time drivers in St. Louis has scored poorly on this particular test. What do you think? I've seen bad drivers in every corner of the country, so I'm not entirely sure this is [...]

March is in full swing, and with the warm weather, St. Patrick's Day and March Madness tournament, people will be heading out and about in droves.  Keep in mind that when you're out in St. Louis County enjoying the beginning of spring and the beautiful weather, the County Police Department will be conducting several checkpoints throughout the county during March.  If you run into trouble at one of these roadblocks, give our office a call.

The St. Louis Police Department has announced that a sobriety checkpoint will be conducted at an undisclosed location in the city of St. Louis during the late-night hours of Saturday, February 25th.  Whether you're heading out to dinner, to socialize or celebrate Mizzou's inevitable win against Kansas, please be careful if you're in the city on Saturday.  And, as always, please plan ahead if you plan on drinking.

It looks as though red light cameras are here to stay in St. Louis.  Instead of attempting to have these devices banned outright, legislators opposed to red light cameras are shifting their focus toward regulating these cameras and making their continued use safer and more fair to Missouri drivers.  Rep. Paul Wieland (R-Imperial) is leading the way by proposing House Bill 1528, entitled "The Intersection Safety Act".  Introduced last week, this Act seeks to reform many aspects of red cameras, including: enforcement and fine collection procedures, timing of yellow and red lights, and harsher penalties for repeat offenders.  The Act [...]