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Missing boy found in Current River

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The Missouri Water Patrol reports three people died on Missouri waterways over the holiday weekend.

Ashley Gustafson, age 16, of Hollister, died early this morning after being pulled out of four feet of water at Table Rock Lake Sunday. Gustafson was reportedly swimming with her family when it was discovered she was missing. Her brother, Cody Underwood, found her on the bottom of the lake. She was taken to Skaggs medical center in Branson before being transferred to St. John’s in Springfield. Sources close to the family say Gustafson had a history of suffering from seizures.

Sgt. Jerry Callahan with the Missouri Water Patrol says one man and a juvenile were killed on the Current River in a separate incident when two boats collided.

Josh Burson, 25, and Jerry Mote, 11, both of Poplar Bluff, were killed in that collision, which threw them both overboard. Mote’s body was just found this afternoon about a half mile from where the crash happened. Callahan says his body was found caught in a root wad.

Callahan says alcohol is being considered a contributing factor in the crash.

Callahan says fatalities and accident numbers this year are close to those reported last year. But he says 33 people were arrested for boating while intoxicated, a big drop from the 54 arrested in 2008.

For more details, visit the Missouri Water Patrol’s Web site, where incident reports are listed: www.mswp.dps.mo.gov

Sgt. Jerry Callahan talks about weekend accidents [Download/listen Mp3 – 3 minutes]

Ignition locks now required on repeat alcohol offenders’ cars

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Repeat alcohol offenders will have to get ignition interlock devices installed in their cars as a new law goes into effect today. Ignition interlock devices require a driver to blow an alcohol-free sample into a device in order to start the car.

The Department of Revenue says the cost for the service is paid for by the Ignition lock Web.jpg offenders; the tougher restrictions will not be a burden on Missouri taxpayers. The law will mostly affect future offenders, but Department of Revenue spokesman Ted Farnen says the statute will impact some 70,000 of those currently under restricted and revoked licenses.

The Highway Patrol asks drivers to imagine MU’s Faurot Field packed to capacity with 70,000 screaming fans … now imagine every single one fo them has alcohol-related driving offenses. That’s what they’re up against. There are approximately 4.1 million licensed drivers in the state.

The patrol adds that in addition to stopping repeat offenders from driving impaired, it’s important to prevent any driver — even those without a first offense — from driving impaired. In 2008, 262 people were killed, 1,113 seriously injured and 3.398 received minor injuries in crashes involving an impaired driver. F

arnen warns those who try to skirt the system that not only does the modern technology have fool-proof measures in place, but those caught driving without the device installed in their cars face stiff penalties according to the new law.

Vendors of the interlock devices not only is an alcohol-free breath required to start the vehicle, random blows while the car is traveling down the highway. The car’s horn will start sounding and the lights flashing until a new sample is submitted while the vehicle is in motion. Also, most devices require a humming sound so that artificial air sources cannot initiate a false pass. All failed submissions are logged by the state. While the state does not know if it will require such a feature for some, there are interlock devices available with camera capabilities, so that if the non driver is blowing into it, the state can log that as well.

Jessica Machetta reports [Download/listen MP3]

Kids Count report: child abuse down, high school dropouts up

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The annual KidsCount report is out. It provides county-by-county data on the health and wellbeing of Missouri’schildren.

While child abuseand neglect cases in Missouriare down from last year, high school dropout rates are higher.

The Kids Countreport compares information and statistical trends on the conditions of ourstate’s children and families in all 114 counties and the City of Saint Louis.

St. Charles County,just outside of St. Louis,did the best this year. Not the case just a few miles away. St. Louis City scored lowest "across the board," says Scott Gee, director of Citizens for Missouri’sChildren. He says the areas that ranked the lowest are also the state’spoorest.

However, St. Louis did improve its numbers in all categories — save high school dropout rates — over last year.

The report breaksdown the rates for infant mortality, low birth weight, teen pregnancy, students on free or reduced lunches, babies born to mothers without a high school diploma, child deaths, children removed from homes, and violent deaths to teens.

The study also provides a breakout for various economic factors, demographics, family support systems, health and mental health.

For example, St. Louis had 1,226 high school dropouts, or 11.6 percent. St. Charles County had 449 dropouts, or 2.8 percent.

The report states that every day in Missouri:
18 babies are born with a low birth weight
41 children are born to mothers who lack high school diplomas
2 babies die before their ?rst birthday
15 children are removed from their homes
127 children receive attention from the Mo. Department of Social Services
   due to reports of child abuse and neglect
1 child or teen dies
29 teens drop out of school
25 teens between the ages of 15 and 19 give birth
212,369 children live in poverty

Gee says the reportserves local and state policymakers, as well as not-for-profits at the locallevel in identifying needs and boosting certain programs.

To see how your county ranks and individual breakdowns, visit the Citizens for Missouri’s Children Web site.

 

Jessica Machetta reports [Download/listen MP3]

Lawmakers move to close drunk driving loophole

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State lawmakers are attempting to close a loophole that has allowed persistent drunk drivers to avoid harsh sentences.

Lawmakers thought they had approved harsh treatment of drivers convicted of their third DWI, but the State Supreme Court ruled that a county or city citation didn’t count. Kansas City Representative Ryan Silvey’s amendment to an Ignition Interlock Device bill ( HB 1423 ) would count any driving under the influence ticket, no matter who issues it.

"This amendment simply makes a DWI, a DWI is a DWI no matter who stops you," Silvey tells colleagues during House floor debate, "Driving drunk is driving drunk and we should we treat it as such in this state."

Some lawmakers worry that the change would affect plea deals prosecutors have worked out in drunk driving cases. Silvey replies it only would make those convictions count toward the total. Silvey says it shouldn’t matter whether a state highway patrol trooper or a city police officer or a county deputy sheriff caught a motorist driving drunk.

The bill has been passed by the House. It hasn’t moved in the Senate with two weeks to go in this legislative session.

Download/listen Brent Martin reports (:60 MP3)

Drunk Driving Signs to Ask "Who’s Next?"

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All those white crosses and other makeshift memorials to the victims of drunk drivers along our roadsides would be replaced by memorials erected by the Missouri Department of Transportation under a bill barely squeezing by in the House.

A program to erect memorials to the victims of drunk driving would be established under HB 1406 . Signs bearing the initials of the victims would proclaim "Drunk Driving Victim!" and contain the date of the person’s death followed by the phrase "Who’s Next?"

Rep. Ed Wildberger (D-St. Joseph) is skeptical that the program would deter drunken driving, "I just don’t think that is going to change anyone’s mind."

Sponsor Bill Deeken, a Republican from Jefferson City, though responds that if the program saves one or two lives it has done a good job. Deeken points to highway fatalities to bolster his case for the program. He says of the one thousand traffic fatalities each year in Missouri, nearly half are the result of drinking and driving.

The family could apply with MoDOT to have a sign erected in memory of the victim. The family would have to pay $1,040 for two signs to be put up on both sides of the roadway on which the fatality occurred. The sign will remain in place for ten years. It could remain for another ten years if the family pays appropriate maintenance fees.

 

"We all know that this is not going to stop drunk driving," St. Louis Representative Tom Villa (D) says during House debate, "It simply isn’t."

Villa also worries about what message the signs would send to tourists driving through the state.

The bill would also prohibit all private roadside memorials. Deeken tells colleagues that already is state law, but MoDOT has been hesitant to enforce it out of respect to the families of traffic fatality victims.

The bill receives the bare minimum needed for passage in the House, 82 votes. Fifty-one representatives votes against the bill, four voted "present" and 21 were absent.

Download/listen Brent Martin reports (:60 MP3)

Senator Graham’s Driving Privileges Reinstated

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State Senator Chuck Graham (D-Columbia), who was arrested for drunk driving, can drive from his home in Columbia to the Capitol now. A judge in Columbia has reinstated Graham’s driving privileges.

Graham was picked up for drunk driving in October and refused to take a breathalyzer test. Suspension of the driver’s license is automatic in such cases.  Graham’s lawyer says the suspension has been "set aside."

Blunt Puts Forward Plan to Keep Drunk Drivers off the Roads

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Governor Matt Blunt (R-MO) has announced a plan designed to better protect Missourians from drunk drivers. He’s asking the General Assembly to approve legislation that would require a repeat offender to modify his or her vehicle to add an ignition interlock device before driving privileges could be restored.

Under current law, courts are required to mandate ignition interlock devices, which disable the vehicles of those who are drunk or drinking, on the second or subsequent offense. But Blunt says poor compliance in the judicial system has led to more than 80 percent of repeat drunk driving offenders getting back behind the wheel without any preconditions.

The Governor’s proposal would strengthen existing law by making ignition lock devices a necessary requirement before the Department of Revenue could issue a repeat drunk driving offender a new license.

Download/Listen: Steve Walsh report (:60 MP3)

Prosecutor Could Ask For Life Sentence for Persistent Drunk Driver

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A central Missouri prosecutor says he doubts he will seek life imprisonment for a man convicted of being a persistent offender, but he says he could.

Henry County Prosecutor Richard Shields says a jury convicted 44-year-old Joseph Townsend of Deepwater of a Class B driving while intoxicated. Since Townsend has been found to be a prior and persistent felon, state law allows the charge to be bumped up to a Class A felony, which carries a prison sentence ranging from 10 years to life.

Shields says the legislature has moved to make repeat drunk drivers subject to harsh prison time. He says that under the prior statute a person with two or more drunk driving convictions could only be charged with a Class D felony, which carries a maximum prison sentence of four years. Shields says there are a few multiple offenders driving Missouri streets, some with as many as 20 DWI convictions. He says some of worst offenders have lost their driver’s licenses, but still continue to drive.

Shields says it’s important for the public to understand that the legislature has gotten serious about cracking down on drunk drivers and prosecutors will follow through. He says he hasn’t decided on a sentence recommendation in the Townsend case, though he likely will opt for a sentence closer to ten years than life in prison.

Download/listen Brent Martin reports (:60 MP3)

Three Year Sentence for Drunk Driver Involved in Crash

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A drunk driver who caused a head-on crash on Interstate 70 in Columbia has been sentenced to three years in prison.

An apology to a woman who was severely injured in the other car has fallen on deaf ears. Ben Miller had had six beers before he started driving that night. The woman in the other car says she has had five surgeries on one of her legs because of the crash and is still on crutches more than a year after the incident. She says Miller never tried to conntact her or apologize to her until he got into the courtroom for sentencing.

Loophole Used by Lawmaker to Avoid Drunk Driving Charge Closed

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A new law will go into effect this year that closes a loophole a state lawmaker exploited to avoid a drunken driving conviction.

A law approved in 1982 required the use of a non-alcoholic antiseptic swab before blood could be drawn to determine a suspect’s blood alcohol content. Prosecutors dismissed a drunk driving charge against Representative Charles Portwood (R-Ballwin) in 2006, because a hospital nurse used the wrong kind of swab during the blood test after an accident in Manchester in 2004. Portwood’s blood test indicated his blood alcohol content was more than twice the legal limit, but Portwood argued that the alcohol on the swab distorted the results. Portwood settled his case by pleading guilty to a charge of leaving the scene of an accident, a misdemeanor.

Governor Blunt has signed the bill into law saying numerous studies have shown that alcohol wipes have no impact on blood samples. The State Highway Patrol and the Missouri Prosecuting Attorneys Association pushed for the change.