Carl Matthew Ward

Nationally recognized attorney Carl M. Ward defends the rights of those accused of crimes, particularly driving while intoxicated.  He also handles personal injury matters such as motor vehicle accidents and wrongful death. Mr. Ward is experienced in criminal, constitutional and administrative law, and focuses his entire practice on litigation and appeals. He is certified in the use of breath, chemical and field sobriety tests to determine intoxication – knowledge that makes an impact in the courtroom. At Ward & Associates, Mr. Ward accepts clients in the St. Louis area and throughout the State of Missouri.

After receiving a Bachelor of Arts in political science in 1981 from the University of Missouri, graduating summa cum laude, Mr. Ward earned his Juris Doctorate from Saint Louis University School of Law in 1984. He was admitted to practice law in Missouri that year.

A strong dedication to exemplary DUI/DWI defense has earned Mr. Ward the respect of his peers. U.S. News & World Report has included him in its “Best Law Firms” ranking. He is the recipient of the Robert Dunn Appellate Excellence Award, the Bernie Edelman Tradition Award, and the President’s Award from the Missouri Association of Criminal Defense Lawyers. He has been rated AV Preeminent* by Martindale-Hubbell for 10 consecutive years, holds a 10.0 AVVO rating, is listed in Super Lawyers, and has been included in The Best Lawyers in America. More recently, he was named to The National Trial Lawyers “Top 100” in the area of DWI/DUI defense, and to the National Association of Distinguished Counsel’s Nation’s Top Attorneys, Top 1 Percent.

Mr. Ward frequently lectures on DWI and defense law for continuing legal education programs and seminars. He has chaired or moderated the largest DWI seminars for lawyers in Missouri every year since 1997. He is a member of various bars and associations, including The Missouri Bar, the National Association of Criminal Defense Lawyers and the National College for DUI Defense. He is the founder of the Missouri Society for Criminal Justice and is the current Vice President of the Missouri Association of Criminal Defense Lawyers.

1984 – Missouri

University of Missouri – B.A. Political Science, 1981 (Summa Cum Laude)

St. Louis University School of Law – J.D., 1984

Law Office of Carl M. Ward and Carl M. Ward LLC – attorney, 1989 – present

Raskas, Ruthmeyer, Pomerantz, Wynn, Garavaglia and Susman; associate attorney, 1984-1989.

 

AV® Preeminent™ Peer Review Rating.  Martindale-Hubbell

Named in Top Attorneys in Missouri and Kansas. KC Magazine

Client Distinction Award.  Martindale-Hubbell®

Listed in “Best Lawyers in America” in the area of DUI/DWI Defense.  Best Lawyers Magazine

Listed in Best Lawyers in St. Louis in the area of DWI/DUI Law

Listed in Top Attorneys in Missouri in DUI/DWI Law. KC Magazine

Bernard Edelman Tradition Award. Missouri Association of Criminal Defense Lawyers

Robert Duncan Award of Appellate Excellence. Missouri Association of Criminal Defense Lawyers

President’s Service Award.  Missouri Association of Criminal Defense Lawyers

Listed in Super Lawyers – Missouri & Kansas Super Lawyers Magazine

Listed in Best Lawyers Choice Award in the area of DWI Defense. American Lawyers & Law Firms

Listed in Best Missouri Attorneys.  American Registry

“Top 100” Award Recipient. The National Trial Lawyers

Listed as First Tier Among Best Law Firms. U.S. News & World Report-Best Lawyers

Listed in Louis Area’s Top Attorneys in the area of DUI/DWI Defense. St. Louis Magazine

Listed in Top 10 Criminal Defense Lawyers in Missouri National Academy of Criminal Defense Attorneys

Perfect 10.0/10.00 rating by AVVO.com

 

•  President, Missouri Association of Criminal Defense Lawyers, effective April 10, 2015
•  Vice President, Missouri Association of Criminal Defense Lawyers, 2014 – present

• Secretary, Missouri Association of Criminal Defense Lawyers, 2013 – 2014
• Treasurer, Missouri Association of Criminal Defense Lawyers, 2012 – 2013 25
• Board Member, Board of Directors, Missouri Association of Criminal Defense Lawyers, 2007 – 2012
• Member, Franklin County Bar Association
• Founding member, Missouri Society for Criminal Justice
• Member, Texas Criminal Defense Lawyers Association
• Sustaining Member, National College for DUI Defense
• Member, Missouri Bar, 1984 – present
• Member, California DUI Lawyers Association

 

Appellate Experience

Dabin v. Director of Revenue, 9 S.W.3d 610 (Mo. 2000)

The Missouri Supreme Court held that a driver is entitled to procedural due process when the Department of Revenue attempts to take away a driver’s license following a driver’s arrest for DWI. Significantly, the Court did not refer to a driver’s license as a “privilege,” but instead, stated that a driver has a “constitutionally protected property or liberty interest” in his or her driver’s license. The Court then held that the circuit court must afford the parties the opportunity to have an associate or circuit court judge review the decision/recommendation of a traffic court commissioner authorized to hear these cases under RSMo. 479.500 before a person’s driving privilege may be taken away. I tried this case and briefed and argued the case in the Supreme Court. The Director was represented by Evan J. Buchheim, assistant Attorney General.

Reece v. Director of Revenue, 61 S.W.3d 288 (Mo. App. E.D. 2001)

Mr. Reece was arrested and charged with driving while intoxicated. He allegedly refused to submit to a breath test. Reece filed a petition for review with the Circuit Court. The police officer did not appear at trial and the Director of Revenue offered Reece’s arrest report into evidence to try to meet the Director’s burden of proof. I successfully argued at trial that there was a discrepancy as to whether or not Reece had taken a breath test or not. The breath test operator completed the breath test paperwork as if a test had been completed, but noted in two places in the arrest report that Reece had refused. I briefed and argued the case before the Eastern District Court of Appeals. The trial court’s decision was upheld on appeal. The Director was represented by Lars Hagen.

Brown v. Director of Revenue, 85 S.W.3d 1 (Mo. 2002)

For the first time, the Supreme Court held that a trial court may disregard the testimony regarding the results of field sobriety tests when those tests are improperly administered, interpreted and/or scored. I tried this case, briefed and argued it before the Southern District, and argued it in the Supreme Court. This case was featured on the cover of a nationally recognized legal newsletter. The Director was represented by John Mollenkamp.

Russell v. Director of Revenue, 83 S.W.3d 72 (Mo. App. W.D. 2002)

Mr. Russell had an old BAC conviction on his driving record. More than 10 years after his conviction, Russell was again arrested, allegedly blew over .080, and was charged with driving while intoxicated. I then requested a hearing for Russell, and the Department of Revenue hearing officer determined that the officer did not have probable cause to arrest Russell on the new DWI charge and removed the administrative suspension from his driver’s license. Russell then filed a Petition for Expungement, which was erroneously denied by the trial court. I appealed. The Western District Court of Appeals determined that the trial judge erred when it denied Russell’s Petition for Expungement. The Court found that Russell had not been convicted of any alcohol-related driving offense prior to applying for expungement, and the administrative suspension in the present case had been rescinded and removed from his driving record and could not be used to disqualify him from obtaining an expungement. I tried the case and briefed and argued it before the Western District. The Director was represented by Mavis T. Thompson.

Richardson v. Director of Revenue, 165 S.W.3d 236 (Mo. App. S.D. 2005)

The facts in this case were very similar to the facts in Reece, supra. Here, the Southern District Court of Appeals affirmed the trial court’s decision setting aside the revocation of Richardson’s driving privileges for allegedly refusing a breath test based upon the contradictory nature of the arrest report. I briefed and argued this case. The Director was represented by James A. Chenault, III.

Paty v. Director of Revenue, 168 S.W.3d 625 (Mo. App. E.D. 2005)

Citing Brown, supra, the Eastern District Court of Appeals acknowledged that a trial court may disregard the testimony of a police officer concerning the results of improperly administered field sobriety tests when making a probable cause determination. The Court extended this rule to include the results of an unreliable/improperly administered portable breath test (“PBT”). The Eastern District stated that the reliability of field sobriety tests is a factual issue, and that an appellate court must give deference to the determinations made by the trial court. The trial court’s decision setting aside Paty’s license revocation was upheld by the Court of Appeals. This case was featured on the cover of a national law letter. I tried this case and briefed and argued it in the Eastern District. The Director was represented by Robert L. Ortbals, Jr.

York v. Director of Revenue, 186 S.W.3d 267 (Mo. 2006)

York was arrested at a DWI checkpoint. During cross-examination, I established that the HGN, walk and turn, one leg stand and portable breath tests were improperly administered. The trial judge ruled in York’s favor. The Director appealed. The Southern District reversed on the grounds that the trial court should have admitted/considered the results. The Supreme Court upheld the trial court’s decision, holding that even though a statute makes the PBT result admissible for probable cause purposes, it is up to the trial court to determine what weight to give to the evidence. Here, the trial court made an alternative finding to the effect that even if the PBT result had been admitted, it would have given the Trooper’s testimony no weight because of improper maintenance, training and use of the device by the Trooper. The Supreme Court also determined that even though there was uncontroverted evidence that York had bloodshot, watery, glassy eyes, the smell of alcohol on his breath, and admitted to drinking one or two beers, the trial judge was still free to conclude from these facts that probable cause to arrest York for DWI was lacking. This has since been one of Missouri’s leading cases on probable cause for making a DWI arrest. This case was featured on the front cover of national law letter. I tried the case, briefed and argued the case in the Southern District, and argued the case before the Supreme Court. The Director was represented by Cheryl A. Caponegro Nield.

Schaefer v. Koster, 342 S.W.3d 299 (Mo. 2011)

As a result of this case, a criminal defendant may raise as a defense that a Bill passed by the legislature violated Mo. Const. article III, sections 21 and 23, and that the statute of limitations for challenging a Bill does not apply to them. In this case, a provision was added to HB 1715 (“A Bill related to watercraft”) after its introduction, which expanded the sentencing enhancement provisions of Section 577.023 to include municipal DWI SIS dispositions and BAC convictions. Thus, the purpose of the original Bill was changed, the Bill included more than one subject, and the title did not fairly apprise members of the legislature and the public of its subject. Members of my firm, under my supervision, briefed and argued this case. The State was represented by Jeremiah J. Morgan.

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• Speaker: Annual DWI Law seminar. “Successful Strategies in Defending a DWI Case.” Mizzou Law School. St. Louis, Mo., March 22, 1996

• Program Moderator and Speaker: Annual DWI Law seminar. “Field Sobriety Testing and Practical Tips on Dealing with the Testimony of the Arresting Officer” Mizzou Law School. Clayton, Mo., June 20, 1997

• Program Chair and Speaker: “Field Sobriety Testing and Dealing with the Testimony of the Arresting Officer” Mizzou Law School. Town & Country, Mo., June 12, 1998

• Program Chair and Speaker: Annual DWI Law seminar. “What Happened to the Bill of Rights and the Rules of Evidence in Department of Revenue Cases? Retreat or Fix Bayonets?” Mizzou Law School. Lake Ozark, Mo., May 7, 1999

• Program Chair and Speaker: Annual DWI Law seminar. “Standardized Field Sobriety Testing.” Mizzou Law School. Clayton, Mo. October 6-7, 2000

• Speaker: Criminal Defense seminar. “DWI Law.”The Missouri Association of Criminal Defense Lawyers. Kansas City, Mo. Oct. 19, 2001 26

• Program Chair and Speaker: Annual DWI Law seminar. “Direct Examination of Defendant’s Field Sobriety Test Expert.” Mizzou Law School. Lake Ozark, Mo., May 10-11, 2002

• Speaker: Criminal Defense seminar. “DWI: Cross Examination on Field Sobriety Tests” Missouri Association of Criminal Defense Lawyers. Kansas City, Mo., April 12-13, 2002

• Faculty Member & Speaker: Missouri Judicial College. “Department of Revenue Cases” Missouri Judicial College. Lake Ozark, Mo. August 5, 2002

• Faculty Member & Speaker: Missouri Judicial College. “Department of Revenue Cases.” Kansas City, Mo., Oct. 28, 2002

• Program Co-Chair and Speaker: Annual DWI Law seminar. “Standardized Field Sobriety Testing.” The Missouri Bar. Clayton, Mo., 2003

• Program Co-Chair and Speaker: DWI Law seminar. “Standardized Field Sobriety Testing.” Mizzou Law School. Kansas City, Mo., June 6, 2003

• Program Co-Chair and Speaker: Annual DWI Law seminar. “Field Sobriety Testing.” The Missouri Bar. Kansas City, Mo., June 24, 2004

• Program Co-Chair and Speaker: Annual DWI law seminar. “Field Sobriety Testing.” The Missouri Bar. Defending DWI and DOR Cases. Clayton, Mo., June 25, 2004

• Program Co-Chair and Speaker: Annual DWI Law seminar. “Field Sobriety Testing.” Mizzou Law School. St. Louis, Mo., 2004

• Speaker: Missouri Public Defender’s College. “Attacking Field Sobriety, Breath and Blood Tests.” Kansas City, Mo., April 23, 2004

• Speaker: DWI Law Seminar. “Standardized Field Sobriety Testing.” Lorman Education Services. Maryland Heights, Mo., June 24, 2004

• Program Co-Moderator/Chair and Speaker: Annual DWI Law Seminar. “Challenging Administrative Suspensions and Refusals.” The Missouri Bar. St. Louis, Mo., June 24, 2005 27

• Program Co-Moderator and Speaker: Annual DWI Law seminar. “Challenging Administrative Suspensions and Refusals.” The Missouri Bar. Kansas City, Mo., June 25, 2005

• Presenter: Missouri Bar Solo and Small Firm Conference. “Saturday Morning Hangover – The Headaches of Representing a Client with a DWI case.” The Osage Beach, Mo., June 9, 2007

• Program Co-Chair and Speaker: Annual DWI Law Seminar. “Winning Moves in a DOR Case.” Effective Challenges to the Traffic Stop, Arrest, Field Sobriety Tests, and Blood Test. The Missouri Bar. Lake Ozark, Mo. July 28-29, 2006

• Program Host and Instructor: DWI Boot Camp #1 “Defending Your Client’s Driver’s License Following a DWI Arrest.” Clayton, Mo., October 6, 2006

• Program Host and Instructor: DWI Boot Camp #2 “Defending Your Client’s Driver’s License Following a DWI Arrest.” Clayton, Mo., November 10, 2006

• Speaker: Missouri State Public Defender’s College. “Blood and Breath Testing.” St. Louis, Mo., 2006

• Program Host and Speaker: DWI Boot Camp #3 “Defending Your Client’s Driver’s License Following a DWI Arrest.” Columbia, Mo., March 30, 2007

• Program Co-Chair and Speaker: Annual DWI Law seminar. “Breath and Blood Testing.”The Missouri Bar. Lake Ozark, Mo., July 27-28, 2007

• Speaker: Interactive Telephone seminar. “Defending Administrative Alcohol Suspension Cases.” The Missouri Bar – How to Series: DWI/DUI. September 11, 2007

• Speaker: District VII Justice Phi Alpha Delta Fraternity International Meeting. “Breath Alcohol Testing.” Washington, Mo., September 29, 2007 28

• Speaker: Criminal Defense seminar. “Creating Drama in the Courtroom.” The Missouri Association of Criminal Defense Lawyers – Making the Courtroom Your Stage. Branson, Mo., April 18, 2008

• Speaker: National Association of Legal Secretaries annual meeting. “CDL and Abuse and Lose Law in Missouri.” St. Louis, Mo., May 3, 2008

• Program Co-Chair and Speaker: 1st annual Bernard Edelman DWI Law and Science seminar. “Direct Examination of Defendant’s Field Sobriety Test Expert.” MoBar and MACDL. Lake Ozark, Mo., July 25-26, 2008

• Speaker: Interactive telephone seminar. “Administrative Alcohol Suspensions.” The Missouri Bar – How to Series: DWI/DUI. December 10, 2008

• Speaker: National Association of Legal Secretaries annual meeting. “Mock Jury Trial of a DWI Case.” Washington, Mo., February 7, 2009

• Program Co-Chair and Speaker: 2nd Annual Bernard Edelman DWI Law and Science seminar. “Mock Jury Trial of a DWI Case.” MoBar and MACDL. Science and Law in a DWI Case. Lake Ozark, Mo., July 24-25, 2009

• Speaker: Missouri Municipal Court Clerk’s Association annual meeting.” Mock Jury Trial of a DWI Case.” Osage Beach, Mo., 2009

• Speaker: Missouri State Public Defenders Annual College. “Defending DWI Cases.” Branson, Mo., April 8, 2010

• Program Co-Chair and Speaker: 3rd Annual Bernard Edelman DWI Law and Science seminar. “How to Win an Administrative DWI Suspension Hearing.” Lake Ozark, Mo., July 2010

• Speaker: 1st annual MADD Tool Box seminar. “DWI Law Update.” St. Louis, Mo., 2010 or 2011

• Program Co-Chair and Speaker: 4th Annual Bernard Edelman DWI Law and Science seminar. “Probable Cause and Reasonable Suspicion.” The Missouri Bar and MACDL. Osage Beach, Mo., July 2011

• Program Host and Instructor: DWI Boot Camp #4. “Defending Your Client’s Driver’s License Following a DWI Arrest.” St. Louis, Mo., 2011 29

• Speaker: Law Enforcement Traffic Safety Annual Conference. “DWI Law Update.” Lake Ozark, Mo., 2011

• Speaker: Missouri Municipal and Associate Circuit Judges Association Conference. “Probable Cause in a DWI Case.” Lake Ozark, Mo., 2011

• Speaker: Missouri Public Defenders annual college. “DWI Law in Missouri.” Branson, Mo., 2011

• Program Co-Chair and Speaker: 5th annual Bernard Edelman DWI Law and Science seminar. “Breath Testing Regulation Changes.” The Missouri Bar. Osage Beach, Mo., July 2012

• Program Co-Chair and Speaker: 6th Annual Bernard Edelman DWI Law and Science Seminar. “Ethical Considerations in a DWI Case.” The Missouri Bar. Osage Beach, Mo., July 2013

• Program Co-Chair and Speaker: 7th Annual Bernard Edelman DWI Law and Science Seminar. “Administrative DWI 101.” The Missouri Bar. Osage Beach, Mo., July 18-19, 2014