Personal Injury Law

Trial Evidence in Missouri Personal Injury Lawsuits - Can a Personal Injury Lawyer Admit into Evidence an SIS (Suspended Imposition of Sentence - probation in lieu of a conviction)

By Benjamin J. Sansone, Esq.

When can prior criminal history be used in a Missouri personal injury trial? As a St Louis injury lawyer handling drunk driving accident injury cases, this often comes up as sometimes not only is the driver intoxicated but sometimes my own client has a criminal history. How does that affect the St Louis car accident or other injury case at trial?

Under Missouri Statute § 491.050

"Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a civil or criminal case[.]"

So if a witness has been convicted of a crime, that can be used to impeach them and attack their credibility during a St Louis personal injury lawsuit trial. However, what if they plead guilty but did not get convicted and instead received probation, also known as an SIS (Suspended Imposition of Sentence) in Missouri? Two things need to be considered:

(1) If the only purpose is for impeachment (attacking their credibility) then no, an SIS is not admissible.

This issue was addressed in State v. Hansel, 629 SW 2d 509 (MO Ct App ED 1981). For purposes of § 491.050 a suspended imposition of sentence (SIS) is not a conviction because sentence has not been pronounced or imposed.

(2) But what if the negligent driver received an SIS on a charge related to the accident? OR an SIS for any charge related to liability?

I have handled multiple Missouri and Illinois personal injury cases resulting from a drunk driver, and oftentimes in these cases that person is charged as a result of the accident and it is their first offense. In Missouri most first time offenders are eligible for an SIS to avoid a conviction; so is the SIS admissible to prove they were drunk at the time of the Missouri car accident?

YES, because when someone gets an SIS they have to plead guilty which is an admission of guilt. So if they plead guilty to DWI that resulted in an accident then a good personal injury attorney knows they have to admit that they admitted they were guilty when asked. So the SIS or probation is not admitted into evidence, but the admission of guilt is.

Full post as published by Missouri Injury Law Blog on December 20, 2010 (boomark / email).