CHAPTER 17

PUBLIC SAFETY OFFENSES

 

I. Alcohol Related - Note

A. SIS (no record if probation satisfactorily served) SES (record but no jail time) - both can now be used to sentence for prior and persistent offenders.

 

B. Operating

 

1. In the past, being in physical control of vehicle, i.e. asleep behind wheel with engine running was enough for operating. This has been removed from the definition of operating under state law. But still may be able to prove operation with circumstantial evidence in these cases.

 

C. Requesting to speak to an attorney before submitting to test...

 

1. Shall have 20 minutes to attempt to contact attorney; no right to have attorney present when taking test - but if attorney is there he cannot be excluded.

 

Review the attached state statutes:

OBJECTIVE #1 -

311.290 and supp. - Identify the hours that the sale of beer and intoxicating liquors may be sold by retail establishments.

OBJECTIVE #2 -

311.310 - Identify the elements of Selling to or Procuring Intoxicating Liquor for a Minor

311.325 - Identify the elements of Minor in Possession of Intoxicating Liquor

311.200 - Identify the elements of Sale of Intoxicating Liquor in Less that the Original Package

311.290 and supp. - Identify the elements of Failure to Keep a Closed Place

 

OBJECTIVE #3 -

Name the agencies and/or courts involved in the prosecution and regulation of liquor law violations at the federal, state, county and municipal level. See 311.290

of the Revised Statutes of Missouri

 

OBJECTIVE -

Go over elements of Abuse and Lose for those under 21- MCCH 17.01B, page 321 and 577.500,

 

For those over 21 - see 577.505

 

Revised 4/01