by Ivan Foley
A well-known attorney in Platte County who is the former municipal judge at Weston has been charged again with driving while intoxicated.
James D. Boggs, 65, of Weston, is charged as a prior offender, which means he has one previous DWI conviction on his record.
Court documents indicate that Boggs pled guilty in 2012 to a 2011 DWI charge.
The new charge is a misdemeanor. He is also charged with careless and imprudent driving.
Boggs’ newest DWI charge and careless and imprudent driving accusation stem from an arrest on Saturday, March 7.
Reached by The Landmark by phone on Tuesday, Boggs declined to comment on his arrest.
According to court documents, Boggs, driving a black Ford pickup, was pulled over by a Missouri State Highway Patrol officer while southbound on Interstate 29 between Barry Road and 64th Street. The arrest occurred in the late afternoon, around 4:30 p.m.
Authorities say Boggs refused to take a breath test and a warrant for authorities to take a blood sample was sought.
According to court documents, the blood sample showed Boggs’ blood alcohol content (BAC) was allegedly at .220 around four hours after his arrest. The legal limit for drivers is .08.
A total of three blood samples were taken, as is the norm under circumstances, authorities say. The first sample at about 8:30 p.m. lists Boggs’ BAC at .220, the second at 9:09 p.m. lists his BAC at .205, and a third sample at 9:41 p.m. measured .200, according to court documents.
According to court papers, a patrol officer assigned to the Missouri Gaming Division reported seeing Boggs’ pickup drift into different lanes without signaling multiple times. As a Missouri Gaming Agent, the officer does not normally stop traffic violators.
“However, due to the careless driving, (the officer) felt it was necessary to stop the pickup,” according to court documents.
Another officer from the Highway Patrol soon arrived at the scene of the vehicle stop. The officer, in court documents, says Boggs’ eyes were “glassy and bloodshot and his speech was extremely slurred” and the officer reports detecting “the strong odor of intoxicants on Boggs’ breath.”
Boggs told the officer he had consumed two drinks prior to the stop, according to court documents. Boggs soon asked if he could call his attorney, Christian Boggs, who is also his son. Christian Boggs arrived at the scene to take Boggs’ dog home and to speak to Boggs.
After arriving at the jail, Boggs refused the request to provide a breath sample and the affidavit for a search warrant was sought. The search warrant was granted at 7:55 p.m.
Boggs’ 2011 DWI arrest occurred while he was still serving as Weston’s municipal judge. He resigned the position shortly after the arrest. Also at the time of that arrest, he was serving as a member of the Sixth District Judicial Commission, which recommends appointments for judgeship openings to the governor.
In September of 2012 he pled guilty to the DWI charge that had been issued on Jan. 23, 2011. He was sentenced to two years of probation and required to perform at least 50 hours of pro bono representation. He also was required to complete a 10-hour offender education program in a classroom setting.
His 2011 arrest by a Platte County Sheriff’s Department deputy occurred near Weston.
Boggs’ law practice is located on N. Crosby in southern Platte County.
According to court documents, all judges in the Sixth District are recused in the Boggs’ criminal case and an outside judge will be brought in.