Attorney Jeffrey Scott Eastman's Legal Cases

DUI and DWI

State v Pylypczuk, 527 S.W.3d 96 (Mo. App. W.D. 2017)

Aug 15, 2017

OUTCOME: Reversed and Remanded for resentencing as a misdemeanor offender

Pylypczuk charged as persistent alcohol offender. At trial he challenged use of a DWITS document to enhance his offender status arguing that the State failed to properly authenticate the document's so ... urce. Trial Court disagreed admitting evidence. Jury found Pylypczuk guilty and he appealed. WD reversed finding trial court erred in admitting DWITS document over objection. Felony conviction vacated and cause remanded for resentencing as B misdemeanor offender.

DUI and DWI

Carter v. Director of Revenue, 2015 Mo. App. LEXIS 158 (2/17/15)

Feb 17, 2015

OUTCOME: Western District affirmed trial court's decision

Driver challenged sufficiency of Director's evidence relating to NIST thermometer traceability. Trial court found in favor of driver and vacated license sanction. Director appealed.

DUI and DWI

State v. Mignone, 411 S.W.3d 361 (Mo. App.W.D. 2013)

Oct 22, 2013

OUTCOME: In a case of first impression, the Western District affirmed the dismissal and in so doing recognized the trial judge's statutory authority to dismiss with prejudice where the state failed to show that the requested relief was "unwarranted."

Anthony Mignone was stopped and thereafter arrested for driving while intoxicated. He later submitted to two evidential breath tests, each resulting in a concentration less than .08%. He was criminal ... ly prosecuted in Platte County, Mo. for DWI. I filed a motion to dismiss with prejudice per Chapter 577. After a hearing the motion was sustained and the state appealed.

DUI and DWI

Raisher v. Director of Revenue, 276 S.W.3d 362 (Mo.App.W.D. 2009)

Jan 29, 2009

OUTCOME: Judgment reversed. Adopting our argument and invoking the doctrine of deconstructive contradictions, the appellate court held the Director failed to sustain his burden to show the first result was invalid or insufficient. License reinstated.

Raisher was arrested for DWI. Post arrest he was subjected to two separate evidential breath tests. Trooper Salfrank opined the first test result, which was less than .08%, was insufficient or invali ... d claiming Mr. Raisher failed to properly blow. The second result was above .08%. The trial court affirmed the sanction and we appealed to the Missouri Court of Appeals for the Western District.

DUI and DWI

Baldwin v. Director of Revenue, 98 S.W.3d 401 (Mo. en banc 2001)

Sep 12, 2001

OUTCOME: Expungement ordered! The Missouri Supreme Court agreed with our analysis that the Director was statutorily REQUIRED to expunge the license sanction from Mr. Baldwin's history and those similarly situated to the benefit of 1000s of minors.

Days before his 21st birthday Brad Baldwin was arrest for DWI. Post arrest he subjected to an evidential breath test and blew both above the zero tolerance limit of .02% and the adult threshold of . ... 08%. In the trial de novo proceeding we argued the Director was required to expunge Mr. Baldwin's license sanction on him turning 21. The director disagreed and the matter was eventually presented to the Missouri Supreme Court for resolution.

Jeffrey Scott Eastman's Legal Cases (5)

State v Pylypczuk, 527 S.W.3d 96 (Mo. App. W.D. 2017)

Carter v. Director of Revenue, 2015 Mo. App. LEXIS 158 (2/17/15)

State v. Mignone, 411 S.W.3d 361 (Mo. App.W.D. 2013)

Raisher v. Director of Revenue, 276 S.W.3d 362 (Mo.App.W.D. 2009)

Baldwin v. Director of Revenue, 98 S.W.3d 401 (Mo. en banc 2001)