St Louis Dui

Several plead guilty to DUI charges

Court report

The following cases were adjudicated June 15 in Monroe County Circuit Court, Judge Richard Aguirre presiding:

• Donisha Powers, 23, of East St. Louis, pleaded guilty to harassment by telephone and was ordered to pay $327 in fines and fees and placed in one year's court supervision. The call was placed Feb. 27, 2010 to a residence in the 300 block of East Fourth Street of Waterloo.

• Mark A. Baumgartner, 45, of Waterloo, pleaded guilty to obstructing a peace officer and was ordered to pay $115 in fines and fees and placed in one year conditional discharge. The violation occurred May 6 on Station West in Waterloo.

• Tammie Follmer, 38, of Lemay, Mo., pleaded guilty to driving under the influence and was ordered to pay $1,415 in fines and fees and placed in one year's court supervision. The violation occurred May 14 at North Main Street and Ghent Road in Columbia. Columbia police handled the case.

• Scott K. Reichert, 45, of Edwardsville, pleaded guilty to driving under the influence and was ordered to pay $1,395 in fines and fees and placed in one year's court supervision. The violation occurred May 20 on southbound Admiral Parkway at Valmeyer Road. Columbia police handled the case.

• Scott Kelemetc, 36, of Waterloo, pleaded guilty to driving under the influence and was ordered to pay $1,395 in fines and fees and placed in one year's court supervision. The violation occurred April 22 on southbound Admiral Parkway at Hill Castle Road. Columbia Police handled the violation.

The following case was adjudicated June 16 in Monroe County Circuit Court, Judge Dennis Doyle presiding:

• Jacob E. Mordis, 17, of Fairview Heights, was found guilty of attempted burglary and was sentenced to two years' prison time. The violation occurred Nov. 10, 2010 in the 300 block of South Riebeling Avenue, Columbia.

Missouri court to decide whether warrant needed for DUI blood test ...

Last October, a Cape Girardeau man was stopped by police for speeding. When the officer asked the man to give a breath or blood sample to test for alcohol, the man refused. However, the officer was not satisfied with this answer, and with the help of a lab technician, he forcibly withdrew blood from the man. When that blood sample revealed that the man's blood alcohol content was over the legal limit, he was arrested and charged with driving under the influence.

During the defendant's Missouri DUI trial, his attorneys argued that his blood tests were not valid evidence because they were taken without the defendant's consent, a clear and flagrant violation of the Fourth Amendment's protection against unreasonable search and seizure. The judge agreed, citing Missouri legal precedent that states that blood can only be withdrawn without consent if a judge signs a warrant authorizing the blood draw or if there are exigent circumstances (which were not alleged to exist here.)

State prosecutors appealed the verdict, and this week, the appellate court ruled that the law should be changed. The court reasoned that Missouri's implied consent statute permits the taking of a blood sample without consent or a judge-signed warrant. Therefore, the court said, by the simple act of having a driver's license, a driver gives his implied consent to having his blood taken if he is a drunk driving suspect.

Now, this case will go to the state Supreme Court for decision. If the court sides with the appellate court, its decision would greatly infringe on the personal rights of Missouri DUI suspects as granted by the United States Constitution, and as such, it will likely be hotly contested by civil rights groups across the state and country. We will continue to update our blog with any new developments.

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