Traffic Tickets

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STOP SIGN TICKETS IN MISSOURI…

STOP SIGN TICKETS IN MISSOURI…

STOP SIGN TICKETS IN MISSOURI

Stop sign tickets in Missouri are very common and carry different points on your license depending on where you get the ticket / which type of law enforcement officer writes the ticket.

This article discusses stop sign tickets in Missouri and how to get them resolved with a minimum fine and no points on your record.

Stop sign tickets received as a municipal ordinance violation, typically from a violation within a municipality with its own police force, carry 1 point if there is no accident, 2 if there is an accident.

Stop sign tickets in Missouri carry 2 points if charged under state law, usually by a Missouri Highway Patrol trooper.

They also carry 2 points if charged under a county’s ordinance, and we usually see that where the person was pulled over by a county’s sheriff officer.

No matter how many points the ticket carries, you can hire a stop sign ticket lawyer St. Charles to get the ticket amended to zero points, which will keep the points off your license and from insurance premiums increasing.

Remember that these tickets are usually given from an officer watching the driver from a fixed position.  Sometimes that position is not at a good angle because the officer does not want to be seen.   This can work to your advantage since your lawyer can point that out.  It’s not that unusual to use things like Google Maps to our client’s advantage because we can confirm the location of the officer and make the argument that from the officer’s angle our client appeared to not come to a full stop but actually did.

CONCLUSION

In any event, in almost every case we can get the ticket amended to a no-point violation with a reasonable fine.  That is not a bad second outcome if that’s how things work out.  Remember also that by hiring a lawyer, you avoid having to attend court in the first place.  Municipal courts in the St. Louis area are held during the week, either during working hours or in the evening.  If you don’t hire a lawyer you can plan on having to take an entire morning off from work, or losing an evening to sitting in court waiting for your chance to speak to a prosecutor.

Charles J. Moore is the founder and owner of Traffic Ticket Center.  He has been both a municipal prosecutor and a defense attorney during in his 17 years of practice, experience which greatly enhances his clients in cases where they are charged with a traffic offense, regardless of the charge.

 

CARELESS AND IMPRUDENT DRIVING TICKET…

CARELESS AND IMPRUDENT DRIVING TICKET…

CARELESS AND IMPRUDENT DRIVING TICKET

A careless and imprudent driving ticket is a serious charge issued to Missouri drivers.  A careless and imprudent driving ticket, also known informally as a C&I, can lead to a serious rise in insurance premiums.

This article discusses different examples of careless and imprudent driving tickets in Missouri and why you should hire a traffic ticket attorney St. Charles to resolve them in court for you.

Since Missouri does not have a reckless driving statute, a C&I ticket in Missouri is usually designed to cover situations where the driver acted recklessly.

Examples are as follows:

Driver Dan fails to drive in a careful and prudent manner by weaving in and out of lanes in a 35 mph maximum speed zone.  Or he causes and accident by passing someone in the right lane and not using his turn signal.  Or he has a road rage incident where he ends up tailgating another driver for an excessive distance.

A C&I ticket can have strong penalties in Missouri.  If a driver is ticketed but there was not an accident involved, it is generally charged as a Class B Misdemeanor, with a maximum of six months in jail and a $1,000 fine for a conviction.

Where there is an accident related to the careless and imprudent driving, the offense is charged as a Class A Misdemeanor with a maximum of a year in jail and $2,000 fine for a conviction.

Just as important, a conviction for a C&I results in four (4) points added to your license.  In addition to rising insurance premiums, the driver is half way to an administrative suspension of their driving privileges.

Driving While Intoxicated (“DWI”) charges can sometimes be plead down to a careless and imprudent driving ticket, depending on the police report and available evidence.  A DWI that is reduced to a careless and imprudent driving plea is a good outcome compared to a conviction for DWI.  This outcome is often called a “wet reckless”.

It’s very important to hire a St. Charles careless and imprudent ticket lawyer to assist you with resolving your ticket because they are often very subjective.  We successfully had a ticket dismissed completely when I explained to the prosecutor that the sudden move to a right lane from a left lane by our client was not careless and imprudent but the exact opposite.

The officer in that case had not realized that the driver in front of our client had stopped suddenly to avoid hitting an animal in the road.  As a result my client had no time to brake and his only option was to swerve to avoid hitting him.  No accident was caused and the prosecutor dismissed the ticket after I provided this explanation.

CONCLUSION

There are often a variety of reasons people appear to act careless and imprudent while driving here in Missouri that can actually be explained with a valid reason for that action, often which is in fact very careful and prudent driving!

Charles J. Moore is the founder and owner of Traffic Ticket Center.  He has been both a municipal prosecutor and a defense attorney during in his 17 years of practice, experience which greatly enhances his clients in cases where they are charged with a traffic offense, regardless of the charge.

 

 

 

Traffic Tickets And The Missouri Driver Improvement Program…

Traffic Tickets And The Missouri Driver Improvement Program…

Driver Improvement Program
Driver Improvement Program


TRAFFIC TICKETS AND THE MISSOURI DRIVER IMPROVEMENT PROGRAM

Over the last few years, more and more municipalities are making the resolution of traffic tickets  by clients to first complete the Missouri Driver Improvement Program, or “DIP”.

As a careless driving traffic ticket attorney St. Peters, I am very familiar with all the workings of the various municipal courts in St. Charles County.  The traditional system where prosecutors were amenable to reducing tickets to non-moving violations in exchange for a fine has been heavily scrutinized.

Most of this scrutiny has been negative and as a result changes have been made.

The Missouri Supreme Court now caps  how much some municipalities in and around the St. Louis area can charge drivers for traffic ticket fines.  And they also cap the percentage of revenue for  a town that can come from court fines.

One effect this has had for a traffic ticket St. Charles are lower fines but prosecutors requiring some action by the driver to show improvement.  More and more, we are seeing a requirement that our clients complete the Missouri Driver Improvement Program.

Sometimes we are seeing that the prosecutor allow an amendment to a non-moving violation with no points (which keeps your insurance premiums lower) after the driver shows completion of the program.  And in other cases, the program must be completed before the prosecutor will even offer an amendment.

This eight (8) hour program is essentially a defense driving class with information about how to avoid a DWI charge, how to safely share the road, rights-of-way, speeding, blind spots and tailgating.  It also discusses the dangers of texting and driving and other forms of distracted drivers.

It can be taken online and the cost ranges from $12 to $30 depending on the approved provider you use.

In some cases, the Missouri Driver Improvement Program is used by traffic ticket attorney near me to lessen more serious charges that may not otherwise be amended.  In other words, lawyers sometimes use the availability of the program proactively to get a better outcome for their clients.  Our office has used this tactic many times with consistent success.

The DIP class must not only be court approved by you must receive a passing score of 70% or better.  Once completed, the proof of completion is usually forwarded to the court.  You can also contact your insurance agent to find out if completing the court can ensure your insurance rates will stay the same, regardless of the outcome of your case.

Here is a link to the course:  http://missourisafetycenter.com

Missouri Traffic Tickets:  Our Process

Missouri Traffic Tickets: Our Process

MISSOURI TRAFFIC TICKETS:  OUR PROCESS

Traffic Ticket Center in St. Charles County, Missouri can assist you with your St. Peters speeding ticket or St. Peters traffic ticket.

We are highly experienced in helping clients with traffic violations in all areas of Missouri, including: Kansas City, St. Louis, Mid-Missouri, Northwest Missouri, Northeast Missouri, Southeast Missouri, Southwest Missouri and Missouri Highway Patrol.

HOW IT WORKS

GET A QUOTE

First, call our office to provide your contact information, your traffic ticket number, the violation, and the city or county where you received your ticket so we can provide you with a quote.

HIRE AN ATTORNEY

Once we know more specifics about your situation, we will provide you with your options.  You can hire us at our office or over the telephone.  Convenience and speed are major positives of hiring our firm to represent you.

WE CONTACT THE PROSECUTOR

When you give us your consent to proceed, we will begin by entering a “Not Guilty” plea on your behalf.  We will notify the prosecutor of all facts in your favor.  Are you a good driver?  Are  you a good citizen?  In the military?  Was the weather bad that day? Were you having a bad day?  Our job is to present you as a person rather than a name on a piece of paper.  We put your best foot forward which can often make a huge difference in the disposition of the case (how the case is resolved).

NEGOTIATING A RESOLUTION

Next, the attorney will negotiate with the Prosecutor  to amend the charges against you.  The goal is to avoid accumulation of points on your license which also avoids an increase in insurance rates.  Some cases are much harder to negotiate with than others.  For example, if you get a speeding ticket for driving 45 in a 30 mph zone that’s one thing.  However, 75 in a 30 mph zone is a different story.  Luckily, we know that there are alternative sentencing options out there.  For example, for high speed, prosecutors will often reduce the ticket to a non-moving violation (what you want) if you complete a Driver Improvement Program (DIP).

SUBMIT PLEA & PAYMENT TO THE COURT

Once we receive an amended charge from the Prosecution, we will call you and discuss the process moving forward.  Payment of fines can often be done via credit card or check.  You will have to pay your fine and enter your guilty plea to the amended charge.

CONCLUSION

I’ve practiced law in California and New Jersey and I can tell you that the process for traffic ticket attorney is much different in those states than here.  St. Louis is particularly unique even in Missouri.  Nevertheless this is the system we have.  But, most of that system works to your favor.  It’s much cheaper here to resolve tickets, you often don’t even need to meet with your lawyer and you will almost never need to go to court unless your charged with a serious matter like a DWI.

Traffic Ticket center can assist you with your traffic ticket as well as DWI’s, alcohol and drug offenses and general criminal defense.  Call us today at (636) 486-2669.

Motorcycle License Issues in Missouri…

Motorcycle License Issues in Missouri…

Motorcycle License Issues in Missouri

Being a traffic ticket lawyer near me means that I have to know about different types of license classes.

Motorcyle License Class in Missouri

In Missouri, a Class M motorcycle license or permit, or a driver license with the M endorsement are required if you operate a motorcycle or motortricycle on public roads.

You can apply for a temporary motorcycle instruction permit at 15 ½ years old.  This permit will only be issued if you have successfully completed an approved motorcycle rider training course (MRTC).  You must also have the written consent of your parent or legal guardian, as well as pass the Class F and Class M written, vision, and road sign test.  The cost for this permit is $3.75, of which, $2.75 is applied to the motorcycle rider training course. 

THE FOLLOWING RESTRICTIONS APPLY TO ALL MISSOURI MOTORCYCLE INSTRUCTION PERMIT HOLDERS UNDER THE AGE OF 16:

  • No Passengers
  • Daylight driving only
  • 50 mile limit from the operator’s home address
  • Engine with a displacement of not greater than 250 cc

Applying For A Permit

You may apply for a temporary motorcycle instruction permit at 16 years old.  You must pass the Class M written test, but you are not required to take the motorcycle rider training course.  The cost of the permit is $1.  If you apply for a permit or license at a fee license office, then you must pay an additional $2.50 handling fee.  If you do not have a driver license, you can take the Class F and Class M written tests to receive a motorcycle permit (Class F permit with an M endorsement).

THE FOLLOWING RESTRICTIONS APPLY TO ALL MISSOURI MOTORCYCLE INSTRUCTION PERMIT HOLDERS THAT ARE AGE 16 OR OVER:

 

  • Daylight driving only
  • No passengers
  • When you are ready, you may take the motorcycle skills test (MSHP or MRTC) to be motorcycle qualified.  The cost of a Class M motorcycle license is $7.50 for a 3-year license and $15.00 for a 6-year license.  If you apply for a license or a permit at a fee license office, you must pay an additional $2.50 handling fee for a 3-year license and a $4.00 handling fee for a 6-year license.

 

Motorcycle License Testing

To earn your license, you must pass an on-cycle skill test and a knowledge test.  Knowledge test questions are based on practices, information, and ideas from the Missouri manual.  You are required to understand and know road rules and safe riding practices.  An on-cycle skill test will either be conducted in a controlled, off-street area or in an actual traffic environment. 

Your Driving Test

Basic vehicle control and crash avoidance skills are included in the on-cycle tests to determine your ability to handle hazardous and normal traffic situations.

You may be tested for your ability to:

  • Accelerate, brake and turn safely.
  • See, be seen and communicate with others.
  • Know your motorcycle and your riding limits.
  • Stop, turn and swerve quickly.
  • Make critical decisions and carry them out.
  • Adjust speed and position to traffic situation.

Examiners may score on factors related to:

  • Choosing the correct path and staying within boundaries.
  • Completing normal and quick turns or swerves. 
  • Completing normal and quick stops. 
  • Selecting safe speeds to perform maneuvers.
  • To receive a motorcycle license with full privileges, most states require that maneuvers be performed as designed.  

On-cycle skill tests are not designed for sidecars and three-wheel vehicles.  Those vehicles maneuver differently than a two-wheeled motorcycle.  Depending on the state, a driver examiner may follow you on a car test-route.  Restrictions (sidecar, three-wheeled vehicle) may be added until completion of a two-wheeled cycle test. 

Motorcycle Rider Courses

Motorcycles make sense and so does professional training.  Motorcycles are inexpensive to operate, easy to park and fun to ride.  Unfortunately, many riders never learn critical skills needed to ride safely. Professional training for beginners and experienced riders prepares them for real traffic situations.  Motorcycle Rider Courses teach and improve skills, such as:

  • Braking maneuvers
  • Obstacle avoidance
  • Effective turning
  • Maintenance
  • Protective apparel selection
  • Traffic strategies

Motorcycle Traffic Tickets

While most law enforcement officers won’t admit it, the truth is that riding on a motorcycle will attract more attention from cops.  Drive a bike long enough and you’ll be more likely to get a speeding ticket O’Fallon Missouri or a careless imprudent ticket lawyer.  So be extra vigilant about driving safely and within the rules of the road.

*PLEASE NOTE: If you plan to take a Motorcycle Rider Training Course, either in addition to or in lieu of testing by the Missouri State Highway Patrol, only Missouri Motorcycle Safety Program courses are acceptable for the purpose of obtaining a Missouri motorcycle permit/license.  To locate an approved course in your area, contact the Missouri Motorcycle Safety Program (MMSP) at (800) 801-3588, or online at www.mmsp.org

Traffic Ticket Center in St. Charles County Missouri can assist you with any traffic violation you get on your motorcycle.  Call us today at (636) 486-2669. 

 

Five Myths About Traffic Tickets…

Five Myths About Traffic Tickets…

FIVE MYTHS ABOUT TRAFFIC TICKETS

As a traffic ticket lawyer St. Peters, I work with clients to resolve their traffic tickets in the best way possible.  Over the years, as both a prosecutor and a defense attorney, I have noticed several myths about traffic tickets.

Here are five:

  1. “IF THE COP WRITES THE DATE WRONG ON THE TICKET OR MISSPELLS MY NAME, THE TICKET IS INVALID.”

This is a common myth that the officer giving you the speeding ticket O’Fallon must write all the information perfectly or it’s not valid.  This is untrue.  Here is why:  no one is perfect and if there was ever a trial over the prosecutor can call the officer as a witness and have him clarify the incorrect information.  In other words, you don’t get a traffic ticket thrown out for ticky tack errors by the officer.

  1. “THE OFFICER SAID HE CAUGHT ME SPEEDING USING RADAR BUT HE REFUSED TO SHOW ME THE READ OUT SO THE TICKET IS INVALID.”

A couple of times a year we get people calling claiming they want the ticket thrown out because they were never shown the radar readout when they requested it at the time they were pulled over.  An officer does not have to show your speed on the radar device for the ticket to be valid.  Now, if there was a trial, the prosecutor will have to question the officer on the stand about calibration and training on the device.  However, that doesn’t usually result in a non-conviction for a speeding ticket in St. Peters.

  1. ”THE OFFICER FOLLOWED ME INTO ANOTHER TOWN RIGHT BEFORE I PULLED OVER…SINCE THEY DON’T HAVE JURISDICTION WHERE I WAS ACTUALLY PULLED OVER, THE SPEEDING TICKET SHOULD BE THROWN OUT.”

If only this were true.  Missouri, similar to most states, have statutes that allow officers to complete a traffic stop for an event that happened in one town, even if the actual place that the car was pulled over is in another town.   Now, that doesn’t mean a traffic ticket can be given by a St. Peters officer in say O’Fallon if the site of the violation was in O’Fallon.  Officers in one town don’t have original jurisdiction in towns other than the town for which they serve.

  1. “I GOT A SPEEDING TICKET IN ALABAMA ON MY WAY TO FLORIDA. I’M NOT GOING TO PAY IT SINCE I LIVE IN MISSOURI.”

Missouri participates in what is known as the Interstate Compact, which is an agreement between almost all of the states to share DMV information.  So if you get a ticket in Alabama but ignore it, you could up with a Missouri suspended license until you resolve the ticket in Alabama.  Worse, if you ignore it but the following year get pulled over in Alabama on your way to Florida, you’ll probably be arrested and forced to post bond.  Not a good way to start a vacation.

One other quick point on this issue:  I often get calls from people that live near out traffic ticket office in St. Peters who want me to resolve out of state tickets.  I can’t do it because I am not admitted to practice law in those states.  Best thing to do is contact an attorney in the county or city where you were pulled over and see if they can help.

  1. “I WASN’T SPEEDING AND WANT TO TAKE THE MATTER TO TRIAL.”

So it’s not a myth that you can contest a speeding ticket in O’Fallon MO and have a trial.  Practically speaking, however, there are two problems:  First, many lawyers will not take a speeding ticket case to trial.  Second, that’s because it’s generally not financially feasible for clients.  The fine for some tickets is under $150.00.  You can usually have an attorney get your speeding ticket near reduced to a no point violation (i.e. muffler violation, etc.) by a traffic lawyer for under $150.

Trials are expensive and even if you win, you’re going to spend probably double or triple the amount of the ticket.  Principle, as they say, is expensive.

CONCLUSION

Like death and taxes, traffic tickets are a part of life.  The municipal court system in and around St. Louis is unique in that citizens can get their tickets amended to no point violations and doing so is highly competitive for lawyers so it’s extremely affordable.

Traffic Ticket Center is located at 4215 S. Old Highway 94 in St. Charles, Missouri.  We are located next to the DMV in Harvester.  We assist clients with traffic tickets of all kinds, including speeding, careless driving, commercial driving violations, suspended licenses, marijuana charges and DWI / DUI.   Call us today for a free consultation.  (636) 486-2669.

AVOID POINTS BY HIRING A TRAFFIC LAWYER

              The last time you got a speeding ticket, a friend probably said avoid points and hire a traffic lawyer St. Peters.  If you didn’t, you may have noticed a few months later that your insurance rates went up.

Why would that happen?

Well, points affect drivers in two ways.  First, moving violations such as speeding and careless driving St. Peters carry points if you plead guilty.  Acquire too many points and your license can be suspended.  But second, acquiring appoints also affects your insurance rates, because insurance companies have access to your driving records.  Someone who has plead guilty to speeding is (arguably) a riskier driver to insure.  When that driver’s rates are eventually re-calculated, they’ll go up if there is a points conviction.

Take a look at just how much your insurance can be raised for certain violations, according to insurance.com :

  • reckless driving — 73 percent
  • speeding — 20 percent
  • illegal turn — 20 percent
  • DUI — 79 percent
  • failure to stop — 19 percent
  • at-fault bodily injury accident — 32 percent
  • at-fault property damage accident — 29 percent

Imagine your insurance is $1,200 per year.  That’s $120 per month.  But an increase of 73% means your insurance would cost $2,076 per year, or $173 per month.  Ouch!

So what’s the solution?  Hire a traffic lawyer St. Peters.  A traffic lawyer can usually get the violations carrying points amended to violations that do not carry points.  You’ll still have to pay a fine, but you won’t take the points and therefore you won’t have your insurance rates skyrocket.

The other benefit is that in most cases, you won’t even have to appear in court.  That will save time and remember, often municipal court dockets are at night.  Who wants to go to court at night?

Often we get calls from clients who have been received a speeding ticket St. Peters in which they were 30 miles per hour or higher over the speed limit.  Depending on which court has that ticket, our office can usually work with prosecutors to save points.  Often a driver will have to complete a Driver Improvement Program (DIP) in addition to paying a fine.  Missouri’s DIP is an online course that assists driver’s to improve their defensive driving skills while reviewing traffic laws.

It should be pointed out that the St. Louis Metropolitan Area is very unique in terms of allowing drivers to plead to amended charges for things like speeding, in exchange for a fine.  In more rural parts of the state it can much more difficult to achieve an amended traffic ticket without points.  Again, always call a traffic lawyer to see how they can help.

 

Traffic Ticket Center is located at 4215 S. Old Highway 94 in St. Charles, Missouri.  We are right next to the DMV in Harvester.  We assist clients with traffic tickets of all kinds, including speeding, careless driving, commercial driving violations, suspended licenses, marijuana charges and DWI / DUI.   Call us today for a free consultation.  (636) 486-2669.

 

 

 

FIVE MYTHS ABOUT TRAFFIC TICKETS

As a traffic ticket lawyer St. Peters, I work with clients to resolve their traffic tickets in the best way possible.  Over the years, as both a prosecutor and a defense attorney, I have noticed several myths about traffic tickets.

Here are five:

  1. “IF THE COP WRITES THE DATE WRONG ON THE TICKET OR MISSPELLS MY NAME, THE TICKET IS INVALID.”

This is a common myth that the officer giving you the speeding ticket O’Fallon must write all the information perfectly or it’s not valid.  This is untrue.  Here is why:  no one is perfect and if there was ever a trial over the prosecutor can call the officer as a witness and have him clarify the incorrect information.  In other words, you don’t get a traffic ticket thrown out for ticky tack errors by the officer.

  1. “THE OFFICER SAID HE CAUGHT ME SPEEDING USING RADAR BUT HE REFUSED TO SHOW ME THE READ OUT SO THE TICKET IS INVALID.”

A couple of times a year we get people calling claiming they want the ticket thrown out because they were never shown the radar readout when they requested it at the time they were pulled over.  An officer does not have to show your speed on the radar device for the ticket to be valid.

Now, if there was a trial, the prosecutor will have to question the officer on the stand about calibration and training on the device.  However, that doesn’t usually result in a non-conviction for a traffic ticket St. Peters.

  1. ”THE OFFICER FOLLOWED ME INTO ANOTHER TOWN RIGHT BEFORE I PULLED OVER…SINCE THEY DON’T HAVE JURISDICTION WHERE I WAS ACTUALLY PULLED OVER, THE SPEEDING TICKET SHOULD BE THROWN OUT.”

If only this were true.  Missouri, similar to most states, have statutes that allow officers to complete a traffic stop for an event that happened in one town, even if the actual place that the car was pulled over is in another town.

Now, that doesn’t mean a traffic ticket can be given by a St. Peters officer in say O’Fallon if the site of the violation was in O’Fallon.  Officers in one town don’t have original jurisdiction in towns other than the town for which they serve.

  1. “I GOT A SPEEDING TICKET IN ALABAMA ON MY WAY TO FLORIDA. I’M NOT GOING TO PAY IT SINCE I LIVE IN MISSOURI.”

Missouri participates in what is known as the Interstate Compact, which is an agreement between almost all of the states to share DMV information.  So if you get a ticket in Alabama but ignore it, you could up with a Missouri suspended license until you resolve the ticket in Alabama.

Worse, if you ignore it but the following year get pulled over in Alabama on your way to Florida, you’ll probably be arrested and forced to post bond.  Not a good way to start a vacation.

One other quick point on this issue:  I often get calls from people that live near out traffic ticket office in St. Peters who want me to resolve out of state tickets.  I can’t do it because I am not admitted to practice law in those states.  Best thing to do is contact an attorney in the county or city where you were pulled over and see if they can help.

  1. “I WASN’T SPEEDING AND WANT TO TAKE THE MATTER TO TRIAL.”

So it’s not a myth that you can contest a speeding ticket O’Fallon and have a trial.  Practically speaking, however, there are two problems:  First, many lawyers will not take a speeding ticket case to trial.  Second, that’s because it’s generally not financially feasible for clients.  The fine for some tickets is under $150.00.  You can usually have an attorney get your speeding ticket near reduced to a no point violation (i.e. muffler violation, etc.) by a traffic lawyer St. Peters for under $150.

Trials are expensive and even if you win, you’re going to spend probably double or triple the amount of the ticket.

CONCLUSION

Like death and taxes, traffic tickets are a part of life.  The municipal court system in and around St. Louis is unique in that citizens can get their tickets amended to no point violations and doing so is highly competitive for lawyers so it’s extremely affordable.

 

Traffic Ticket Center is located at 4215 S. Old Highway 94 in St. Charles, Missouri.  We are right next to the DMV in Harvester.  We assist clients with traffic tickets of all kinds, including speeding, careless driving, commercial driving violations, suspended licenses, marijuana charges and DWI / DUI.   Call us today for a free consultation.  (636) 486-2669.

 

 

 

 

 

 

Traffic Tickets 101:  Municipal Court versus Circuit Court…

Traffic Tickets 101: Municipal Court versus Circuit Court…

TRAFFIC TICKETS 101:  MUNICIPAL COURT V. CIRCUIT COURT

                If you are pulled over in Missouri for a traffic ticket, your case could be heard either in a Missouri municipal court or a Missouri circuit court.

What’s the difference?  A municipal court is the court where a town or city enforces their own municipal ordinances.  A circuit court is where the state of Missouri enforces its own statutes.

At the bottom of every ticket where the officer can state select whether the violation is of a local ordinance or state law.

When a person speeds say in O’Fallon, Missouri, that speeding ticket is both a violation of a local O’Fallon ordinance prohibiting speeding and of Missouri state law.  However, revenue from fines and court costs goes to O’Fallon if it is charged as an ordinance violation and to the state of Missouri if charged as a state law violation.

If you are caught speeding on the highway by a Missouri State Highway Patrol officer or in an unincorporated part of a county by a sheriff’s deputy, both of those tickets are codes as state law violations to be heard at the circuit court in the county where the violation occurred.

If you have a prior offense like a DWI, it likely will be heard in circuit court because of the level of seriousness.  That is another factor in determining which court will hear your case.

Generally speaking, it is better to be in municipal court than state circuit court.  Municipal prosecutors are much more likely to amend a ticket in exchange for a fine.  That can happen at the circuit court too, but often prosecutors are much more reluctant to amend charges or to not attach some period of probation if the charge is serious enough.

Traffic Ticket Center is your traffic ticket lawyer for violations in St. Peters, O’Fallon, Wentzville, Cottleville and St. Charles.  We can help you understand how your particular circumstances might differ if you are charged in state circuit court versus a local municipal court.

Remember, you should always hire a traffic ticket lawyer to help you avoid rising insurance premiums and points on your license.  Pleading guilty to moving violations can lead to both and affect your ability to drive and to drive affordably.

Missouri Abuse and Lose

Missouri Abuse and Lose

Missouri Abuse and Lose

                 Missouri has strong laws regarding alcohol and other serious traffic offenses.  If you’re under 21, Missouri’s “Abuse and Lose” laws apply.

The statute is Section 577.500.1 and consists of two sections:

Under the first section, the Abuse and Lose law authorizes suspension or revocation of driving privileges if a person under 21 has committed any alcohol related traffic offense, any offense involving possession or use of alcohol while operating a motor vehicle, any offense involving possession of a controlled substance (drugs) or any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle.

The length of suspension or revocation varies depending on whether it was a first offense or not.  For a first offense, the period of suspension is 90 days.  An arrest for a second or subsequent offense results in a one year loss of license privileges.

Under the second suspension, a person under 21 can have their license suspended or revoked for any offense involving the purchase, attempted purchase or possession of an intoxicating liquor by a minor or a minor in a visibly intoxicated condition, if the juvenile was over the age of 15 at the time of the offense.

Suspension is for 30 days for a first offense, 90 days for a second offense and a year for a third or subsequent offense.

As with other alcohol related traffic offenses, for your driver’s license to be reinstated, you have to pay the required fee and completed a substance abuse program such as the Substance Abuse Traffic Offender Program, commonly known as SATOP.

Depending on your circumstances, you may be able to get a limited driving privilege for getting to and from school, for doctor visits and for work.

Here’s a link to the DMV’s FAQ about Abuse and Lose:  http://dor.mo.gov/faq/drivers/abuse.php

If you’re under 21 and have been charged with an alcohol related traffic offense such as DWI / DUI or Minor in Possession call our office right away.  We understand this can be a confusing and scary experience.  Knowing your rights and having an experienced lawyer on your side is crucial.