Supreme Court ruling comes into play for DWI case

A recent Missouri Supreme Court decision was put to the test Tuesday at a jury trial on a driving while intoxicated charge, according to Cape Girardeau County prosecuting attorney Morley Swingle.

Earlier this month, the Supreme Court ruled that municipal court cases in which a defendant receives a suspended imposition of sentence can no longer be cited as prior DWI offense during the trial phase of future DWI proceedings.

Suspended imposition of sentence means the defendant remains on probation for a predetermined period of time before the sentence is carried out and is re-evaluated at the end of the probation term based on his behavior.

At Tuesday's trial, Roger D. Wilcox of Springfield, Mo., was found guilty after a jury deliberated for about 30 minutes.

The jury recommended that Wilcox serve 30 days in the county jail, and Judge Gary Kamp said he would take the matter under advisement.

A sentencing hearing was set for April 21.

Wilcox originally faced charges of driving while intoxicated as a second offense, which is a class A misdemeanor. Under this charge, he could have served up to one year incarceration if convicted.

Because of the Supreme Court decision in March, which came from a Lafayette County, Mo., DWI case, prosecutors had to drop Wilcox's charge to a first offense, which is a class B misdemeanor and punishable by up to six months in jail.

At least 25 percent of pending Cape Girardeau County DWI cases are affected by the recent decision, Swingle said.

bdicosmo@semissourian.com

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