What These Words Mean

Tue, 29 May 2007 21:19:00 GMT

Traffic Ticket or Summons command by court order to appear in court. Failure to appear may result in a warrant for your arrest Charge what the police officer says you did Plead to answer the charge in court Plead Guilty to admit the charge Plead Not Guilty to say that you do not believe that you broke the law. Defendant the person charged with the traffic violation Continuance having the judge change the trial to another day in the future.

Appeal

Tue, 29 May 2007 21:19:00 GMT

Also known as trial de novo which means new trial.

If you think what the judge or jury decides is unfair or wrong, you may ask for your case to be sent to a higher court. Tell the judge you want to appeal. You must file the necessary paperwork and post bond within 10 days. You cannot appeal if you pay any portion of the finr or costs the judge set in your case.

Can A Dwi Be Kept Off My Record?

Tue, 29 May 2007 21:19:00 GMT

The unique facts of each case, breathalyzer results, statements both from the officer and from the driver are needed before any attorney can give a prediction as to the final result of a case, and even then there are no guarantees. Police departments have more investigative tools than ever in their arsenal to prosecute drunk drivers.

Can A Traffic Ticket Be Kept Off My Record And Is This Legal?

Tue, 29 May 2007 21:19:00 GMT

Remember, you're "innocent until proven guilty". To be proven guilty, the state must bring in evidence that tends to show a driver's guilt. If the state doesn't have the evidence that the law requires, the driver will be found "not guilty". As you might expect, when defense counsel objects to the evidence the prosecution presents at every turn , it can become difficult and timeconsuming for the state to meet its burden of proof in any particular case. Instead of wasting valuable state resources prosecuting generally lawabiding drivers, a system of plea bargains has developed. In a nutshell, if a driver is willing to plead guilty to a lesser charge, one that doesn't appear on his or her driving record, the state will increase the posted fine and accept the guilty plea. The driver gets a reduced charge, the state gets more money and has "punished" the offender appropriately for the offense committed.

Can I Call An Attorney Prior To Making A Decision On The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

Yes, but you will only have 20 minutes to call your attorney for advice; after that, you can't refuse the test without losing your license. At the appeal of your revocation an attorney can attack a very narrow set of issues with regard to your refusal. The number of these kind of appeals that are won is not very high.

Can I Get My License Re-Instated?

Tue, 29 May 2007 21:19:00 GMT

If you need to drive to work or as part of your job, to school or to medical care, you may be eligible for a hardship driver's license. An attorney can help you to determine if this is an option in your case. A license suspension or revocation lasts for a fixed period of time. At the end of that period, your license does not automatically come back to you. It's up to you to apply for reinstatement. To have your license reinstated, you'll have to provide the licensing authority with certain documents. These may include and SR 22 and /or a certificate of insurance. You may also have to attend driving school or pay damages to an injured party if your case involved an accident that was your fault. In all cases, you will have to pay a reinstatement fee. This fee will vary depending on how and why your license was suspended or revoked. Again, your license never, ever comes back automatically. You must take some action. An attorney can help you with the paperwork and shorten the process. And whatever you do, don't drive if your license has been suspended or revoked.

How Are The Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser No

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

How Many Tickets Can I Get Before My License Is Suspended?

Mon, 04 Jun 2007 21:51:22 GMT

In Missouri, Illinois, Kansas a single ticket can result in a suspension, depending on the seriousness of the offense. Generally speaking, three tickets within a one or twoyear period can have suspension consequences.

If You Plead Guilty

Tue, 29 May 2007 21:19:00 GMT

You may then tell the judge everything that happened.

The judge may ask you questions. You must answer them.

The judge will tell you how much money to pay as a fine or what sentence you must serve. Before you plead guilty, you have the right to ask the judge if you will go to jail.

Some of the money you pay is a fine, turned over to the government.

Some of the money you pay is for court costs for the operation of the court system.

Is It Fair?

Tue, 29 May 2007 21:19:00 GMT

Maybe you shouldn't have been ticketed in the first place. The traffic ticket system is in place to make the streets and roads safe. Not all driving resulting in traffic tickets is unsafe. Consider "redlight" cameras. People slam on their brakes to avoid getting tickets. In at least one jurisdiction, the insurance industry complained because of the increase in rearend collisions. Oh by the way, city revenue from the traffic tickets increased dramatically in this jurisdiction. With the help of an attorney who can speak on your behalf to the judge or prosecutor, your voice can be heard.

Is There Anything Unique To Missouri?

Tue, 29 May 2007 21:19:00 GMT

Missouri has a confusing mix of speed limits. Lettered (county) highways, which are almost always paved, are generally posted at 55 mph. Meanwhile, gravel county roads are posted at 60 mph. A safe bet in Missouri is to diligently watch for speed limit signs and adjust your speed accordingly.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Penalties

Tue, 29 May 2007 21:19:00 GMT

Fine
Jail
Both fine and jail
Other. The judge may include in the penalty an order to go to driver`s school, alcohol safety school or other schools to help you better understand how to drive safely on the public street or highways. You must go to the school so you won`t face more penalties, including a jail sentence.

Rights

Tue, 29 May 2007 21:19:00 GMT

Remember, you have the right to:

Have a reasonable time after you are charged with a traffic violation to get ready to answer the charge in court.
Have a lawyer. The judge may provide you with a lawyer if you are poor and if the judge might send you to jail if you are found guilty.
Ask witnesses to speak for you.
Ask for a jury if the law permits you to have one in that court.
Testify or not testify.
Ask the court to issue subpoenas for witnesses.

Should I Take A Test If I Have Had Prior Offenses?

Tue, 29 May 2007 21:19:00 GMT

If you have never had a DWI before it is almost always in your best interest to take the test. If your B.A.C does test over point zero eight in Missouri or you will lose your license for 30 days followed by a limited driving privilege for 60 days upon the filing of an SR22. If you have been stopped for a DUI before in Missouri and had your license suspended for 90 days, (30 days of no driving at all followed by 60 days restricted driving) because of having a B.A.C. in excess of point zero eight (.08) (1.0 prior to September 30th, 2001 or 1.3 prior to July 1, 1992, ) then if you take the test and have a B.A.C. in excess of point zero eight you will lose your license for an entire year anyway and there is no chance for a hardship. So if you have lost your license for 30 days once before and you have never refused a breath test before, you may want to refuse and take the one year revocation since at the end of the first 90 days you will be eligible for a hardship license. If, however, you have ever refused a breath test before, the second refusal also results in a year's revocation, without the possibility of a hardship license.

Trial

Tue, 29 May 2007 21:19:00 GMT

If you do not have a lawyer and you, your family or a friend think you need the help of one, you should contact one BEFORE going to court.

The judge may set your trial for another day (continuance), but only for a good reason.

You have the right to bring witnesses to the trial. If you need the court to help you bring witnesses, the court will give them subpoenas to tell them they must come to court for you.

If you want a jury, you may ask for one; the judge will tell you if the law allows it in your case.

The prosecutor may bring witnesses to tell what they saw and heard. You or your lawyer may ask them questions. The prosecutor has the right to ask your witnesses questions and, if you testify, to ask you questions. (You don`t have to testify if you don`t want to.)

If the judge decides that you are not guilty, the trial is over, and you may leave.

If the judge decides that you are guilty, the judge will tell you what the penalty is and what then to do.

What Are Points?

Tue, 29 May 2007 21:19:00 GMT

In Missouri, a single traffic ticket conviction can cost you anywhere from 2 to 12 points on your driving record. If you are a Missouri driver, and accumulate 8 points, or more, within an eighteen month period, your driver's license will be suspended for at least 30 days, sometimes longer, depending on your individual circumstances. Then, at the end of that suspension period, in many cases, you will have to jump through several hoops. Any points accumulated on your driving record may also result in higher auto insurance premiums, especially if you have a "good driver discount".

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are permitted in the vehicle. Consumption while operating a vehicle is prohibited.
Unloaded and cased firearms are permitted in the vehicle but must be inaccessible.
Studded tires are permitted from November 1 to April 1.
Tire chains are not required.
Missouri has a seat belt law with secondary enforcement for all front seat occupants.
Missouri has a mandatory child restraint law for passengers under 5 years of age. Adult safety belt may be substituted for rear seat occupants.
Missouri has a mandatory motorcycle helmet law.
Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.

What Are The Consequences For A First Time Offender?

Tue, 29 May 2007 21:19:00 GMT

If it's your first offense, and if no injury is involved, the consequences may be as light as a fine and a suspended license or less. But make no mistake, even firsttimers are going to jail these days. If you have previous arrests, you may face stiff penalties. In many cases, even with a second or third offense, a lawyer may be able to keep you from going to jail. And make no mistake, your previous record will be a factor, even if you had a prior arrest or conviction taken care of. Even though the prior may not appear on your official driving record, it will appear in records available to the police and the prosecution. If that's the case, you aren't likely to fool a judge into thinking you are a first time offender.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Securitytype law and future prooftype law applicable in the event of an accident. Minimum limits: $25,000/50,000/10,000.

What Happens To My Insurance Rates If I Get One Ticket&..Two Tickets&three Tickets?

Tue, 29 May 2007 21:19:00 GMT

The best person to answer this question is your insurance agent. We have asked this question of our friends in the insurance industry, and the answer that we've gotten is that a single ticket can raise an individual's insurance rates by $300 dollars in one year, two tickets can raise the rates by $3,000 over a threeyear period.

What If I Refuse A Breath Test?

Tue, 29 May 2007 21:19:00 GMT

Refusal to take the breath test calls for a 1 year revocation of driver's license or your privilege to drive. If you refuse a breath test, the police officer can confiscate your license on the spot and give you a 30 day permit. You'll then have 30 days to contest the revocation of your license.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Driving After Suspension Or Revocation?

Tue, 29 May 2007 21:19:00 GMT

If your license is suspended or revoked, you face some tough choices. First, you must understand that license suspension is taken very seriously by the court. The penalties for getting caught driving after you've lost your license almost always include jail. When you stand before a judge, having been caught driving on a suspended or revoked license, you're giving the court a message that you don't respect their authority or the authority of society. In return, the judge will send you a message back.

What Is Dui?

Tue, 29 May 2007 21:19:00 GMT

Driving while intoxicated (DWI) or driving while under the influence of alcohol or narcotics (DUI) is a serious offense. If anyone is injured by your actions, you may face serious criminal and even murder charges.

What Is The Speed Limit In Missouri?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 70 mph
Ltd Access Rds 70 mph
Other Primary Rds 65 mph
Residential 45 mph

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding Yes
Parking Yes
Equipment Yes
DWI Yes

When You Get To Court

Tue, 29 May 2007 21:19:00 GMT

If you don`t know, ask the clerk if your name is on the list for that day, then sit down in the court room.

When your name is called, walk up to the judge and answer the judge`s questions.

If you are charged with breaking the law, you are the defendant.

The judge will read the charge. If you do not understand it, ask the judge to explain it.

When the judge asks how you plead, you must say guilty or not guilty.

Why Not Just Pay It And Get It Over With?

Tue, 29 May 2007 21:19:00 GMT

In Missouri, a conviction remains on your driving record for at least three years. It is only removed after a period of driving with no other tickets. During the three year period one's insurance rates may be raised. In some jurisdictions, leniency is offered only if the person has a clean driving record. If you plead guilty today and receive another ticket tomorrow, the second will go on your record, and then you'll be getting nearer and nearer to a suspension.

Will My License Be Revoked Or Suspended?

Tue, 29 May 2007 21:19:00 GMT

Another consequence of DWI/DUI is the loss of your license. In Kansas and Missouri, if your blood alcohol content is more than .08% in Kansas or .08% in Missouri, the state requires the police officer to take your license immediately. If you refuse a breath test the officer will likewise take you license immediately, and your license is gone for a year. This can be reviewed, but you have to ask for a review immediately. In Missouri you have 15 days to request a review in writing. In Kansas you have only 10 days. If you miss the deadline, you will have no further chance of appeal. Suspension or revocation of your license can last from 30 days to a year, or perhaps even longer. The rules covering loss of license are too complicated to explain here. If you have questions about them, you'll need to speak with an attorney.

You Should Plead Not Guilty:

Mon, 04 Jun 2007 21:51:22 GMT

If you did not do what the police officer says you did.
If you are not sure that what you did was against the law.
If you plead Not guilty, you will be given a trial.