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7-1-2015


Boggs pleads guilty to
second DWI
Sentenced to two years probation

Boggs
JAMES D. BOGGS

by Ivan Foley
Landmark editor

Jim Boggs, a longtime attorney in Platte County, has been sentenced to a probation period of two years with several conditions applied after pleading guilty to a DWI as a prior offender.

The action came last week in front of Judge J. Michael Rumley of Cass County, who had been appointed to hear the case after all judges in Platte County’s Sixth Judicial Circuit had recused themselves.

Boggs, 65, a former municipal judge at Weston and a former member of the Sixth Judicial Circuit panel in charge of selecting nominees for judgeship positions in Platte County, had previously pled guilty in 2012 to a 2011 DWI charge.

Boggs’ newest DWI charge and careless and imprudent driving accusation stemmed from an arrest by the Missouri State Highway Patrol along I-29 in Platte County on Saturday, March 7.

Boggs has declined to comment on the case.

Boggs was sentenced by Rumley to 364 days in jail but the court suspended the imposition of that sentence by placing him on probation for two years. It will be a monitored probation, with special conditions to include: Boggs must complete 240 hours of monitored community service within six months; must complete SCRAM alcohol monitoring (given credit for 90 days served); an ignition interlock device is ordered for his vehicle; must serve one day in Platte County Jail (given credit for one day served); and Boggs is subject to random drug/alcohol testing and no consumption of alcohol is permitted.

In addition, the careless and imprudent driving charge was amended to a charge of failing to register a motor vehicle. That charge results in a fine of $300. He was ordered to pay costs and recoupment in the amount of $325 with the fine, costs and recoupment to be paid from the cash bond he had earlier posted.

Boggs was represented in his court case by his son, attorney Christian Boggs.

According to court documents, Jim Boggs, driving a black Ford pickup, was pulled over on March 7 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, nearly three times the legal limit, 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 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.