Skip to main content
Kevin John Roach
Avvo
Pro

Kevin Roach’s Answers

12 total


  • I injured my neck at work requiring a 3 hr surgery to replace two disks and fix nerve issues and install titanium plate.

    Since my injury/surgery will have a lifelong effect on me how much damages are suitable for my injuries?

    Kevin’s Answer

    Under Missouri workers compensations laws you can be compensated for your permanent partial disability. Neck injuries are considered an injury to the body as a whole which allows for the highest level of compensation. If you are unable to work you may also qualify for total disability which is similar to SSD. However, in order to answer your question many more details would be needed. You should consult with a Missouri workers' compensation lawyer as soon as possible.

    See question 
  • Was I arrested with sufficient probable cause at a DUI checkpoint? Furthermore, if not, can I reverse implied consent?

    He smelt alcohol in my breath (I presume this allows for detention). Initially he asked for a breath test on a portable device, I politely refused. He administered 4 FSTs, 2 standardized. (HNG, reverse counting (104 to 56), alphabet starting at E,...

    Kevin’s Answer

    Sobriety checkpoints are conducted in 38 states. The Supreme Court has held that for sobriety checkpoints to be constitutional in Missouri or any other state proper procedures must be followed. The procedures for sobriety checkpoints are: administrative officers of the law enforcement agency determined the location of the checkpoint; the time and location of the checkpoint was adequately publicized to the public; the location was marked with advance warning signs; uniformed officers were present to demonstrate the official nature of the checkpoint; the selection of the motor vehicles was not arbitrary; and the checkpoint was conducted to assure the safety of motorists.
    In Missouri and the Greater St. Louis area, sobriety checkpoints are becoming more and more common to detect DWI cases. If you are stopped at a checkpoint, you have a constitutional right to remain silent. You should strongly consider exercising that right whether you have had anything to drink or not. You do not have to answer any questions other than stating your name. The only thing you must do is produce your license and proof of insurance. You do not have to perform field sobriety tests. If it appears you are going to be arrested for DWI, do not say anything other than making a request to speak with your attorney. If you request to speak with an attorney you should be allowed twenty minutes to do so.

    See question 
  • What legal steps can I take to have my additional injuries evaluated, and treated after a workplace injury?

    I injured my shoulder area and back while lifting a heavy object at work. I went to a company doctor, and was examined and treated for the injury to my back, but was told that they was not concerned about my arm or shoulder area. Since the back tr...

    Kevin’s Answer

    • Selected as best answer

    You should consult with a Missouri workers' compensation lawyer immediately. If you wait too long it will be extremely hard to get you the help you need. You are entitled to treatment for all of your work related injuries not just your back. The insurance company is most likely trying to save some money by ignoring your arm and shoulder.

    See question 
  • Is it common for insurance companies to ignore workers' compensation claims?

    My lawyer has tried to contact the adjuster via telephone,certified mail, and email, but the adjuster will not respond to my injury or need for further medical treatment.

    Kevin’s Answer

    Unfortunately this is becoming common practice in Missouri. The best way to get their attention is to hire an attorney immediately. Your attorney can request a hardship hearing which is an emergency setting to secure benefits for injured workers. A hardship can be requested for medical benefits and or weekly benefits known as temporary total disability (TTD). In Missouri hardship setting are given priority over other settings.

    See question 
  • I have an attorney in new york for a workers comp case its going on 5 yrs how much longer should i expect this to continue

    Librium tear in shoulder 3 spots done at work have had surgery now i have limited use in arm and can no longer lift a lot of weight with arm

    Kevin’s Answer

    Your should discuss this with your attorney. Missouri workers' compensation cases vary widely in the amount of time they take to resolve. Missouri has a two (2) year statute of limitations to file a claim but most claims are filed way before 2 years. The longest stage of a Missouri workers' compensation claim is typically the treatment stage. Once you are release from treatment the claim can be moved relatively quickly to mediation which is when most cases settle. If your case can't be resolved at mediation when it will be scheduled for trial which can take longer. There are many factors that can delay your case from reaching mediation and or trial.

    See question 
  • What are the chances i could get probation for a first offense class c felony for stealing and already having confessed?

    i took money from work and am being charged with a class c felony. it is my first offense and i confessed when being questioned by police after the fact. i also wrote a statement saying that i did do it and apologizing for doing so and would pay r...

    Kevin’s Answer

    If you hire a lawyer your chances are very good. If you have no prior arrest or convictions you are normally a very good candidate for probation. You will most likely receive a suspended imposition of sentence (SIS) and be on probation for five (5) years. If you are able to pay full restitution your attorney may also be able to negotiate a deal with the prosecutor and get your case reduced down to a misdemeanor. The outcome of your case would depend greatly on who your hire as your attorney and what jurisdiction your case is in.

    See question 
  • First offense dwi case and refused to take the breath analyzer test.

    First offense dwi and refused to take the breath test. Lawyer has the dwi case dismissed and reduced to careless driving. License revocation is going to be a year for refusing to take the breath test. Can I get limited driving privileges after 9...

    Kevin’s Answer

    You can't get LDP unless you install ignition interlock.

    Under 302.309, RSMo if you have more than one alcohol offense or you have an active Chemical Revocation on your driver record, proof of installation of an Ignition Interlock Device (IID) is required prior to an LDP being issued. The IID must be maintained for at least the duration of the LDP.

    You don't have prior offenses but you do have an "active Chemical Revocation" which would require IID to get your LDP.

    See question 
  • Can I have one atty for the DWI criminal case and another one for the DMV hearing?

    My atty did nothing to help me win my DWI case. Now I have 2 yr probation plus classes. Can I have another atty for the DMV hearing? I am really trying to keep my license.

    Kevin’s Answer

    From a practical stand point it makes more sense to have one lawyer handle both. However, you absolutely have the right to hire a different attorney on each case. The civil and criminal cases are separate and have different burdens of proof. If you are unhappy with your current attorney you have a right to switch.

    See question 
  • I got caught with a below felony amount of pot and paraphernalia in Springfield. If I pay the tickets will it stay on my record?

    im 19, was sitting in my car with pot and pieces. Im scared and dont want it to be on my record.

    Kevin’s Answer

    You never want to just pay a ticket especially on criminal charges. Both of your charges are class A misdemeanors and definitely not something you want on your criminal record. If you hire a lawyer and don't have any prior offenses these tickets could likely be amended or dismissed.

    See question 
  • On a 3rd dwi ,2-prior where 12-13yrs ago can i get a SIS in state of Missouri

    felony charge

    Kevin’s Answer

    You can't get an SIS on a felony DWI in Missouri. However, you can sometimes get them amended to a misdemeanor or get enrolled in the drug/DWI court. Depending on the venue, upon successful completion of drug court the felony would be expunged. This is a very serious crime and you should consult with an experienced DWI lawyer .

    See question