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State Auditor has issued reports for Foristell and St. Ann

December 23, 2015

The State Auditor, Nicole Galloway, has begun looking into St. Louis-area municipalities regarding traffic revenue. These audits are due to the new law which limits fines, bans failure to appear charges for missing a court date, bans jail as a sentence for minor traffic offenses and restricts the revenue from court fines and fees.

Pursuant to the new law, cities are required to provide financial reports annually. Failure to do so could trigger loss of sales tax revenue and transfer of all pending cases to the county circuit court. Judges in each municipality must verify that the courts are in compliance.

Most recently Foristell, a municipality of 500, located on I-70 in St. Charles and Warren Counties the auditor’s office reviewed warrant fees. In the past, Foristell issued a $100 warrant fee for individuals that failed to pay their fines or appear in court. In 2014, this practice generated more than $65,000. Foristell has since stopped this practice.

Further Foristell had bookkeeping errors and other practices that may impair impartiality or damage credibility. Plea agreements were not always signed by the prosecuting attorney and the court issued two fees related to a failure to appear.

Also investigated was the municipality of St. Ann. St. Ann is located by the St. Louis Airport on I-70. Here, the auditor questioned a bond processing fee which had resulting in $38,000. Again the city has dropped the practice, even though they state they had authority to collect the fees.  City officials stopped accepting cash bonds to reduce the need for those additional fees.

The Auditor’s office indicated that the process worked due to local officials taking immediate action to end collection of questionable fees after the issue was raised.

St. Louis Municipalities are seeing a drop in traffic ticket revenue

October 12, 2015

The St. Louis Area has had quite a bit of criticism over the years due to its municipal court system. The St. Louis area alone has over 81 different municipal courts. Each court has its own ordinances, court staff, judge and prosecutor. Many have their own police department tasked with upholding the laws of that specific municipality. In 2013, 10 of the 25 municipal courts with the most fines and fees per capita were in St. Louis County (2013). Further, 19 of the 25 courts that issued the most warrants per capita were in North St. Louis County.

Things are changing though. Recently the traffic reform bill went into effect limiting the amount of revenue municipalities can obtain through traffic tickets. The St. Louis area was specifically targeted and received a lower revenue cap than the rest of the state. This law went into effect at the end of August, but municipalities were lowering their ticket revenue from January to July of 2015.

From data that was self-reported by the municipal courts, overall the 81 municipal courts saw a 39% decrease in traffic cases filed and 38% decrease in money collected.

  • Ferguson filed just 1,330 traffic citations between January and July. Last year the number of tickets during that timeframe was 7,031. The Ferguson Municipal Court revenue fell by 58%.
  • St. Louis County municipal court which handles unincorporated areas with divisions in north, south and west saw a 70% drop in traffic cases files and revenue collected.
  • St. Louis County is running 20% behind the Kansas City area.  This is notable as St. Louis County has over 300,000 more residents than Kansas City.
  • Bellefontaine Neighbors entered mediation after it was revealed that the department punished officers for not writing enough tickets or “meeting their quota.” Revenue in that jurisdiction is down 42% and number of cases filed is down 70%. The police chief calls this a shift due to emphasizing the community driven “serve and protect” aspect of police work instead of just enforcing the law.
  • Berkeley is down 74% by reducing their traffic unit from 4 officers last year  to one this year.
  • St Ann is down 11%, but claims it is because the Missouri Department of Transportation ended the travel safe zone in 8/2014 that doubled fines for speeders.
  • Hanley Hills citations fell from 521 last year to just 101 this year. Last year they issued 708 warrants to only 199 this year.
  • Other places have started issuing warning instead of citations.

While some places are reducing the number of tickets written, others are issuing more.

  • In Kinloch in 2014, 453 tickets were issued and revenue was at $36,104. The 1st seven months of this year has seen those numbers rise to 616 tickets with revenue of $42,808. Kinloch police chief says the increase could be due to crime fluctuations. Kinloch has a strict no tolerance policy when it comes to illegal dumping. This type of non-traffic charge is not limited by the municipal reform measure. There are no limits on fines and individuals can be held on a cash bond. Non traffic matters do not count towards the revenue cap.
  • Sunset Hills, Dellwood, Crestwood, Manchester, Eureka and Maryland Heights have increased the number of tickets written from 2014 to 2015.
  • Sunset hills has increased its revenue collection by 37%.
  • Some court dismissed old cases, but Vinita Park reset them on the court calendar.

Missouri Municipal Reforms go into effect today August 28, 2015

August 28, 2015

Senate Bill #5 goes into effect today. This bill legislated sweeping reforms to the county and municipal courts in the State of Missouri. Specifically targeted at traffic violations, this law regulates income the courts can receive and penalties they may order for traffic violators.

The law prohibits fines for traffic violations to exceed $300 when combined with court costs. This appears to be per violation and not a max fine from any one individual. Failure to pay the fines will not result in incarceration as previously allowed. Further failure to appear and/or pay will not allow the courts to issue new charges for failure to appear.

Judge Thornhill of the Springfield Municipal Court was quoted as stating, “So therefore, in that situation when people owe money but don’t come in and pay, or don’t come in and tell us why our hands are tied.”

Counties and municipalities are permitted to seize income tax refunds for amounts owed in excess of $25.00. There do not appear to be provisions to prevent courts from requesting the Department of Revenue to suspend a violators license for failure to pay. Driving While Suspended charges carry 12 points and can be filed as misdemeanors.

The amount of operating revenue that a municipality or court is permitted to receive from traffic violations has been lowered from 30% to 20% for all areas of the State except St. Louis County and its municipalities. In St. Louis County the percentage of operating revenue has been lowered to 12.5%. Each county, town, city or village will be required to file with the State Auditor a report showing amounts of fines, bond forfeitures, and courts costs and the percentage of those moneys in relation to the general operating budget of the county, town, city or village. Failure to comply could result in a loss of sales tax revenue, or in extreme cases disincorporation.

 

 

Special Group Appointed to Review Missouri Municipal Court Practices

May 16, 2015

Headed by former Missouri Supreme Court Chief Justices, Edward D. Robertson, Jr and Ann K. Covington and Appellate Judge Booker t. Shaw, an eleven member group has been created by the Missouri Supreme Court to study municipal court practices and recommend improvements. Per an order from Chief Justice Mary R. Russell, the group will have a few public hearings.

After the Department of Justice report on municipal court practices, the Court felt it necessary to appoint this group to look into, among other things, the revenue raising for municipalities from the court system. This comes right on the heels of a recent General Assembly bill aimed at reducing the percentage of a city’s operating budget that comes from traffic fines.

We should expect a preliminary report by September 1, 2015 and the final by December 1, 2015.

Chesterfield Municipal Court

April 23, 2014

Chesterfield Traffic Lawyers

St. Louis County – 21st Judicial Circuit
The Chesterfield Traffic Lawyers at PulledOver.com can handle it,

Chesterfield Speeding Ticket Defense

Our Chesterfield traffic lawyers handle Chesterfield speeding ticket defense, where “no points” is the goal.

Chesterfield MIP Defense

Our Chesterfield MIP lawyers handle Minor in Possession defense, where the object is keeping your record clean and your driver license from being suspended or revoked.

Chesterfield DWI Defense

Our Chesterfield DWI attorneys handle drunk driving defense, where your driver license and your freedom are at stake.

Let our Chesterfield Traffic Lawyers start helping you today. Contact Us

Chesterfield Traffic Court Information

This page contains Court information Links for Chesterfield, Missouri.

Chesterfield Municipal Court


Nancy Morr, Court Administrator
690 Chesterfield Parkway West
Chesterfield, MO 63017
(636) 537-4718
(636) 537-4798 (facsimile)
http://www.chesterfield.mo.us

Prosecuting Attorney
Timothy Englemeyer

Judge
Hon. Rick Brunk

Court is held on Tuesday Evenings at 7:00pm approximately 3 times per month.

In 2017, the Municipality of Chesterfield filed over 5,000 tickets. Did you get a ticket in the municipality of Chesterfield? What should you do?

If you received a moving violation you have 3 options:

  1. Pay it
  2. Go to court and try to fight it yourself
  3. Hire an attorney.

If you pay it, there will be points assessed to your license. This can cause your insurance rates to go up and/or cause your license to be suspended. Eight points in 18 months can result in a license suspension.

If you try to fight it yourself, the first time you appear in court, your case will not be heard. You will be required to wait and then stand in front of the judge to plead guilty or not guilty. If you plead not guilty, the judge will set your case for trial and you will have to come back at another date. Taking care of the ticket yourself will result in at least two court appearances taking upwards of an hour a piece. Then if you lose, you will be required to pay the fine anyway.

If you hire an attorney, you will likely avoid the appearance and our goal is to get your moving violation amended to a non-moving violation. We have worked in the Chesterfield Municipal Court for over 10 years. We work with the prosecuting attorney to get your ticket reduced. We then notify you via email and hard copy and all you have to do is mail in your payment. Usually this process requires no appearance in court on your part saving you time and energy. For a free consultation, fill out our easy ticket submission form and one of our attorneys will contact you

Probable cause can be a factual issue to be determined by the trial court

April 23, 2014

In State of Missouri vs. Kathryn Avent, the Western District of Missouri Court of Appeals upheld Defendant’s Motion to Suppress evidence due to lack of probable cause.

In this case arising out of Johnson County, the trial court found that the police officer lacked probable cause to arrest Defendant on the charges of DWI. Any information obtained after the arrest, including the breathalyzer, was deemed to be inadmissible.

Defendant through the trial contested the evidence provided by the officer through cross examination. “Avent cross-examined Corporal Owens, challenging his testimony by inferring bias and partiality, pointing out Corporal Owens selective omission of observations favorable to Avent, and by questioning the evidentiary weight of his observations and the reasonableness of inferences drawn therefrom. Avent obtained admissions by Corporal Owens that his various observations were indicative of the fact alcohol had been consumed but were not indicative of the amount consumed. Avent also elicited an abundance of testimony from Corporal Owens indicative of her not being intoxicated.”

The trial court found on behalf of the Defendant, but made no written findings of fact. The Appellate Court in this situation must assume that the Trial court must have made a judgment as to the credibility of the witnesses in coming to the conclusion regarding lack of probable cause. Therefore, the Trial courts ruling is upheld.

How to avoid a ticket and what to do if you get pulled over

April 23, 2014

Below are tips from the National Motorist Association on how to avoid a ticket an/or what to do if you are pulled over.

1.  Don’t draw attention to yourself on the road. 

  • don’t hang out in the left lane
  • keep pace with traffic
  • stay within 5 to 10 mph of the posted limit, particularly after dark
  • don’t exceed a safe driving speed in bad weather conditions (even if you are under the posted limit, you can get a moving violation for driving faster than conditions allow)

2.  Be prepared and know your surroundings. 

  • keep your driver’s license, vehicle registration, insurance, and state inspection verification (if required) up to date
  • be aware of the traffic around you; a slowdown may indicate a speed trap or accident ahead
  • be vigilant driving through small towns, particularly those near an interstate or where a major state highway goes directly through town
  • be alert for sudden speed limit reductions, for school zones, and for work zones
  • plan your trip with SpeedTrap.org and RoadBlock.org

3.  Activate your turn signal and find a safe place to pull as far out of the traffic stream as possible before turning off your engine. If you are in an isolated area and are uncertain about the identity of the person(s) who signaled you to stop, turn on your flashers and drive at reduced speed to a well-lit, well-populated area before stopping. Ask to see the officer’s ID before unlocking your door or rolling down your window.

 4.  Keep your hands visible as the officer approaches.

 5.  Have your driver’s license, registration, and proof of insurance readily available.

 6.  Keep private items (cell phones, mobile radar detectors) out of view but don’t create a flurry of activity while stuffing them into the glove compartment or under your seat. The officer will see that and immediately become suspicious.

 7.  Try to remain courteous and calm, even though it is a stressful situation. This improves your chances of just getting a warning. Remember though: The officer is not your friend in this situation. Becoming chatty, which many people do under pressure, is not recommended.

8.  If you start debating the officer, you almost certainly will get a ticket. Don’t be aggressive, but just as importantly, do not be totally passive or submissive.

9. Do not incriminate yourself, not even a little bit. Every admission is duly recorded and will be used against you.

10. You are not required to answer questions about why you were stopped or how fast you were going, but if you do, be polite and and keep your answers short. 

  • “Do you know why I stopped you?”–“No, I don’t.”(Nothing more or less.)
  • “Do you know how fast you were going?”–“Is that why you stopped me, officer?” (Curious, not sarcastic, tone.)  If the officer persists, simply respond with “Please tell me how fast you think I was going.” Don’t answer “yes” or “yes, within the speed limit;” those responses will trigger repeated questions about your speed or your knowledge of the posted limit.

11. In the case of a DUI stop, any admission–even “I just had one beer” or “one glass of wine”–can be used as an excuse to arrest and test you for sobriety.

12. If the officer asks to search your vehicle, politely refuse unless he can produce a warrant. Never give permission for a search, even if you believe you have nothing to hide.

13. If the officer asks you to perform a field sobriety test, politely refuse. If he insists, do not physically resist but be sure to repeat your refusal of permission, preferably within range of the police car’s dash-cam.

14. After each refusal, ask “Am I free to leave now?”

15. Once a ticket is issued, it is in the system so don’t bother pleading your case roadside.

16. Before leaving the site of the alleged offense, gather information (if you can do so safely) and take some notes that can be valuable for your defense: 

  • pinpoint your specific location (intersection, mile marker, etc.)
  • write down the license plate number and/or car number of the police vehicle
  • make sure you have the ticketing officer’s name and the name of any other officer involved with the issuance of your ticket
  • ask the officer where he/she was located when first observing your vehicle
  • note the weather, road, and traffic conditions at the time of the stop
  • take photos of the area including traffic signs that are pertinent to the charges against you

Probable cause to arrest on a DWI is a legal issue when the facts are not contested

April 23, 2014

In Lord vs. The Director of Revenue the trial court in the Circuit Court of St. Louis County found that the officer lacked probable cause to arrest Lord and reinstated her license. This appeal followed. The Appellate Court found that Lord did not dispute the evidence presented by the Director of Revenue, nor did she point out consistencies or question the officer’s credibility.

This made the issue not a factual issue which requires deference to the trial court, but a legal issue which can be determined by the Appellate Court. “The level of proof required to show probable cause is much less than that required to establish guilt beyond a reasonable doubt. Velluto, 383 S.W.3d at 18. There is no precise test for determining whether probable cause exists. Hinnah v. Dir. of Revenue, 77 S.W.3d 616, 621 (Mo. banc 2002). Instead, “[p]robable cause to arrest exists when the arresting officer’s knowledge of the particular facts and circumstances is sufficient to warrant a prudent person’s belief that a suspect has committed an offense.” Id. Whether the arresting officer had probable cause to arrest Lord for driving while intoxicated is therefore “determined by examining the circumstances surrounding the arrest as they appeared to a prudent, cautious, and trained police officer.” Gannon, 411 S.W.3d at 397 (citing Coyle v. Director of Revenue, 88 S.W.3d 887, 893 (Mo. App. W.D. 2002)).”

The Appellate Court determined that the uncontested facts provided enough of a legal basis for probable cause. The case was remanded to St. Louis County on the issue of probable cause. Note the court did not determine if the alcohol content was in excess of .08.

 

Watch for deer even in the spring

April 14, 2014

Most people watch for deer in the fall during mating season, but the spring is a big time for deer as well.

Excerpted from the National Motorist Association Newsletter #254.

 

  1. Most deer collisions occur between sundown and midnight, and just before and after dawn, so pay extra attention during these periods.
  2. Use your high beams as much as possible and scan the roadside for any sudden movements.
  3. On a multi-lane road, if you won’t impede traffic, consider moving to the left lane (this is one of the few times you’ll hear us recommend this). This creates a “buffer zone” on each side giving you more time to react should a deer pop out.
  4. Don’t rely on deer whistles. They don’t work.
  5. Deer travel in herds. When one crosses the road, others are likely right behind.
  6. If a collision is inevitable, stomp on the brakes but try to stay in your lane. Swerving increases the risk of colliding with an oncoming vehicle or a roadside obstruction.
  7. Pay attention to deer crossing signs. That’s where the deer cross. And no, you can’t relocate a deer crossing simply by moving the sign, as some suggest.
  8. Motorcyclists are particularly vulnerable in a deer collision. Be safe.