Tag Archives: Missouri traffic law

Driving, texting, under 21 do not mix in MO

Driving while drinking alcohol isn’t the only thing that can get you in trouble for being a driver under the age 21. The other activity that can get you is what you probably do more than a dozen times a day – texting.

The Missouri law, RSMo. Sec. 304.820, deals with texting while driving. Sorry guys, but the use of a hand-held electronic wireless communications device, whether sending, reading, or writing a text message or electronic message is against the law and will get you a ticket if you are caught and under age 21. And this ticket will be considered a moving violation, therefore, there will be points on your driver’s license if you don’t get an attorney to amend the ticket to a non-moving violation.

However, there are exceptions. The provisions of subsection 1 through subsection 3 of this section shall not apply to a person operating:
(1) An authorized emergency vehicle; or
(2) A moving motor vehicle while using a hand-held electronic wireless communications device to: (a) Report illegal activity; (b) Summon medical or other emergency help; (c) Prevent injury to a person or property; or (d) Relay information between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle.

When it comes to commercial vehicles, the law is even tougher. Not only those under 21, but all drivers are not allowed to operate a commercial motor vehicle while using a hand-held mobile telephone, especially to when it comes to sending, reading, or writing a text message or electronic message.

However, there are always exceptions. This prohibition shall not apply to a person operating:
(1) An authorized emergency vehicle; or
(2) A moving motor vehicle while using a hand-held electronic wireless communications device to: (a) Report illegal activity; (b) Summon medical or other emergency help; (c) Prevent injury to a person or property; or (d) Relay information between a transit or for-hire operator and that operator’s dispatcher, in which the device is permanently affixed to the vehicle.

Just to be clear, the statute states under paragraph (5) that nothing in this section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a hand-held electronic wireless communications device, while operating a noncommercial motor vehicle upon the highways of this state.

Now, the provisions of this section shall not apply to the following:
(1) The operator of a vehicle that is lawfully parked or stopped;
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance;
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;
(4) The use of voice-operated technology;
(5) The use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.

Wildwood Municipal Court

Wildwood Municipal Court Traffic Attorneys
Wildwood, MO Traffic Court
Wildwood Traffic Lawyers

Did you get a ticket in Wildwood, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Wildwood traffic lawyers can handle it where “no points” is the goal.
Wildwood Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Wildwood?

This page contains Court information and links for Wildwood, Missouri.

Wildwood Municipal Court
16860 Main St.
Wildwood, MO 63040

Phone: 636-458-8277
Fax: 636-458-6969

City of Wildwood, MO. Check the website to find a list of fines.

Presiding Judge
William Biermann

Provisional Judge
Stacy Jackson

Prosecuting Attorney
Molly Proost

Court Administrator
Laura Rechtin

Deputy Court Clerk
Tracy Poole

Court Hours
Monday-Friday
8:30am – 4:30pm

For cases prior to 1/1/2020 you can check on case status at Wildwood Missouri Records Search.

For cases after 01/1/2020 you can use Casenet

Winchester Municipal Court

Winchester Municipal Court Traffic Attorneys
Winchester, MO Traffic Court
Winchester Traffic Lawyers

Did you get a ticket in Winchester, Missouri?

Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Winchester traffic lawyers can handle it where “no points” is the goal.
Winchester Speeding Ticket Traffic Law Defense
Did you receive a Speeding ticket in Winchester?

This page contains Court information and links for Winchester, Missouri.

Winchester Municipal Court

City of Winchester, MO website.

As of August 27, 2019, Ballwin Municipal Court is handling all Winchester Municipal Cases. The Ballwin Police Department began providing police service and emergency dispatch services on October 1, 2019.

Woodson Terrace Municipal Court

Woodson Terrace Municipal Court Traffic Attorneys
Woodson Terrace, MO Traffic Court
Woodson Terrace Traffic Lawyers

Did you get a ticket in Woodson Terrace, Missouri?

In 2018, Woodson Terrace Municipal Court issued 1527 tickets.
Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Woodson Terrace traffic lawyers can handle it where “no points” is the goal.

Woodson Terrace Speeding Ticket Traffic Law Defense
Did you receive a Speeding ticket in Woodson Terrace?

Our Woodson Terrace traffic lawyers handle speeding ticket defense, where “no points” is the goal.
Let our Woodson Terrace traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Woodson Terrace, Missouri.

Woodson Terrace Municipal Court
4323 Woodson Rd
Woodson Terrace, MO 63134

Phone: 314-427-2600 ext 147 or 131

City of Woodson Terrace, MO website.

Court Hours

Monday-Friday

8:30am – 4:30pm, on Court days the office will close at 4:00.

The Court tries matters such as violations of traffic code, maintenance code and other ordinances; and is held on the first Wednesday of each month at 6:30pm, unless the first Wednesday falls on a holiday, in which case the rescheduled date will be posted on our calendar.

Please note the following important information about paying fines:

  • Speeding Violations are not“automatically set up” to pay online and require a call to the court’s office.
  • Case(s) represented by an attorney that have received recommendation are also not “automatically set up” to pay online and request a call to the court office as well.

For information regarding warrants and disposition none will be given over the phone, you must appear in person with photo id.

Understanding Bonds:

A $100.00 cash bond is posted in person at the W.T. Police Station with either a State License or State ID card to cancel a W.T. Warrant and obtain a Court Date.

Once a bond is posted and a Court Date issued, then the bond may be applied in person on or before (depending upon case disposition) the court date given, at the court building, with State License or State ID. A Bond Consent Form must be filled out.

Webster Groves Municipal Court

Webster Groves Municipal Court Traffic Attorneys
Webster Groves, MO Traffic Court
Webster Groves Traffic Lawyers

Webster Groves Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Webster Groves?
Our Webster Groves traffic lawyers handle speeding ticket defense, where “no points” is the goal.
Let our Webster Groves traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Webster Groves, Missouri.

Webster Groves Municipal Court
#4 E. Lockwood
Webster Groves, MO 63119

Phone: 314-963-5416
Fax: 314-963-1514

City of Webster Groves, MO website.

Court Hours
Monday-Friday
8:00am – 4:00pm
Municipal Court is generally conducted on the 2nd and 4th Wednesdays of the month at 5:30 pm in the City Council Chambers at City Hall, #4 East Lockwood, Webster Groves, Missouri, 63119.

For security purposes, those attending Court must enter through the front doors. If you require use of the accessible entrance, have someone in your party contact the officer stationed at the front door or use the call button on the east side of the building at the Police Department entrance. Americans with Disabilities Act Notice

Bellefontaine Neighbors Municipal Court

Bellefontaine Neighbors Municipal Court Traffic Attorneys
Bellefontaine Neighbors, MO Traffic Court
Bellefontaine Neighbors Traffic Lawyers

Did you get a ticket in Bellefontaine Neighbors, Missouri?

In 2018, Bellefontaine Neighbors Municipal Court issued 1498 tickets.
Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Bellefontaine Neighbors traffic lawyers can handle it where “no points” is the goal.

Bellefontaine Neighbors Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Bellefontaine Neighbors?
Our Bellefontaine Neighbors traffic lawyers handle speeding ticket defense, where “no points” is the goal.
Let our Bellefontaine Neighbors traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Bellefontaine Neighbors, Missouri.

Bellefontaine Neighbors Municipal Court
9641 Bellefontaine Rd
Bellefontaine Neighbors, MO 63137

Phone: 314-867-0076
Fax: 314-867-1790

City of Bellefontaine Neighbors, MO website.

Presiding Judge
Hon. John Duepner
Court Administrator
Alysa Stewart

Municipal Court convenes at 6:30pm on the second Wednesday of each month in the Courtroom, located at 9641 Bellefontaine Road. Doors to City Hall open at 5:30pm. Cases are heard on a first-come, first-served basis. The Judge will call defendants in the order they have entered the Courtroom. Any payment is expected at the time of court appearance.

DAY COURT
Municipal Court will also convene at 1:00pm on the third Wednesday of each month in the Courtroom. Doors to the Courtroom will open at 12:30pm. Attorney call will be at 1:00pm. Day court will cover Housing cases, Trials, Bond Forfeitures, and DWI’s.

RULES OF COURT:
Appropriate dress is required
All Defendants, under the age of 18, must appear with a parent or legal guardian
All electronic devices must be turned off

FEE SCHEDULE (Dated 01/2016)

MUNICOURT.NET: You can track your case or check on court/payment dates. https://www.municourt.net

Grandview Municipal Court

Grandview Municipal Court Traffic Attorneys
Grandview, MO Traffic Court
Grandview Traffic Lawyers

Did you get a ticket in Grandview, Missouri?

In 2017, Grandview Municipal Court issued 5,161 tickets.
Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Grandview traffic lawyers can handle it where “no points” is the goal.

Grandview Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Grandview?
Our Grandview traffic lawyers handle speeding ticket defense, where “no points” is the goal.
Let our Grandview traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Grandview, Missouri.

Grandview Municipal Court
1200 Main St.
Grandview, MO 64030
Phone: 816-316-4837
Fax: 816-316-4876
City of Grandview, MO website.

Presiding Judge
Hon. Ronald E. Johnson

Court Administrator
Rebecca Diederich

Prosecuting Attorney
Roger Potter

Office Hours
Monday-Friday 8:00am – 5:00 pm excluding Holidays

Court times
Municipal Court is held thee Mondays each month at 6:00pm.

Attorney Plea Docket is held the 1st and 3rd Court sessions of the month at 4:00pm

Proper attire must be worn at court sessions: no shorts, no sleeveless T-shirts, no halter tops, no flip-flops.

Defendants are responsible for being on time and present in court when their cases are called. Those who are not could have a warrant issued for their arrest for failing to appear for the hearing.

 

Kansas City Municipal Court

Kansas City Municipal Court Traffic Attorneys
Kansas City, MO Traffic Court
Kansas City Traffic Lawyers

Did you get a ticket in Kansas City, Missouri?

Kansas City Municipal Court issues thousands of tickets each year. Stop Sign, Electric Signal Violation, Driving While Suspended, Possession of Marijuana, or any other ticket, our Kansas City traffic lawyers can handle it where “no points” is the goal.

Kansas City  Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Kansas City?
Our Kansas City traffic lawyers handle speeding ticket defense, where “no points” is the goal.

Let our Kansas City traffic law attorneys start helping you today. Fill out the form on the side of this page.

This page contains Court information and links for Kansas City, Missouri.

Kansas City Municipal Court
511 E. 11th St.
Kansas City, MO 64106
Phone: 816-513-5700
Fax: 816-513-6782

City of Kansas City, MO website.

Office Hours
Monday-Friday 8:00am – 5:00 pm excluding Holidays

Court times

Our courtroom docket times are 9 a.m., 10 a.m., 11 a.m., 1:30 p.m., 2:30 p.m., and 3:30 p.m.

The Court recommends you arrive 30 to 45 minutes before your scheduled hearing to allow enough time to go through security. Defendants are responsible for being on time and present in court when their cases are called. Those who are not could have a warrant issued for their arrest for failing to appear for the hearing.

For information or to pay your ticket, click here.

Literal compliance with filing rules for Breathalyzer unnecessary

A recent Eastern District of Missouri appellate decision appears to be pro-law enforcement.

The trial court concluded the blood alcohol content results were inadmissible because the officer had not filed a copy of the maintenance report of the breathalyzer with the DHSS, as it is required under 19 CSR 25-30.031(3). The breathalyzer determines whether someone exceeded the allowed drinking amount by taking the person’s blood alcohol content (BAC). The trial court thereby reinstated the driving privileges of a man in St. Charles County. The Department of Revenue then appealed the decision.

The appellate court reversed and remanded, stating that the trial court was in error, and that absolute and literal compliance with the filing requirement in that regulation is not required because it was a collateral issue that did not affect the performance or validity of the breath test. As a maintenance report was done, the fact that it wasn’t filed with the DHSS was ancillary.

The case was Gerald R. Roam v. Department of Revenue. The opinion was written by Judge Robert G. Dowd, Jr.. Judges J. Philip J. Hess, P.J. and Mary K. Hoff, J., concurred. The attorney for the Appellant was Morgan Brewington, and attorney for Respondent was Robert S. Adler.

The court wrote: “In spite of the established case law, Roam insists that the Director must demonstrate “absolute and literal compliance” with this DHSS regulation before the BAC results can be admitted into evidence, and the trial court seems to have agreed. Besides being in conflict with the above law, our courts have specifically rejected this proposition as well. In Potts v. State, the court held instead that the Director must only demonstrate absolute and literal compliance with those regulations “governing the actual performance” of the maintenance check and not with those regulations “governing collateral issues which do not affect the actual performance or validity of the test itself.” 22 S.W.3d 226, 230 (Mo. App. W.D. 2000) (emphasis added). Potts determined that the requirement for filing a copy of the maintenance report with DHSS is a collateral issue that does not affect the performance or validity of the breath test. Id. at 231. Roam has failed to adequately address, much less distinguish, Turcotte, Potts or any of the above precedent. Instead, he stated in his brief that the trial court had Turcotte before it, knew the law and is presumed to have followed it. But clearly the court did not follow the law. It was error not to admit the BAC results on the ground that the maintenance report had not been filed with DHSS. Therefore, we must reverse and remand.”

A call to put teeth back into enforcing traffic violations

Did the 2015 municipal court reforms for traffic violations go too far?

That is the subject of a great editorial by the Kansas City Star a few weeks ago talking about how too many people with traffic tickets are not paying their fines and are getting away with it. Since the state-wide municipal court reform after the Ferguson uprising, there doesn’t seem to be any punishment for not paying fines and not showing up to court.

In many communities, traffic violators have figured out that they don’t need to show up to court because the effective tools of punishment such as higher fines, warrants for not showing up to court, or suspending a person’s license is not an option.

Maximum fines were lowered from $500 to $225. Many cities coffers are severely depleted and are finding it difficult to impossible to enforce law violators without an adequate budget. This has also carried over to enforcement of residential nuisance ordinances that are designed to keep housing safe, particularly with abandoned properties.

For example, one person who didn’t show up to court in a town near Kansas City had been arrested four times for a $450 ticket from 2015 for driving with no insurance and driving with a suspended license. She still hasn’t paid, and likely never will.

One judge was quoted as saying, “These people just continue to drive, except they don’t drive to court.”

One state senator tried to pass a bill to put some teeth back into law enforcement. His idea was that if a citizen fails to show up for a court date, a judge could order community service, issue a civil fine or put a hold on a driver’s license.

The editorial calls for Missouri to revisit its 2015 reforms with the goal of restoring some authority to its municipal courts to better find a balance between being overbearing on constituency and effectively punishing and enforcing our traffic laws. Because as the editorial states, “As of now, they’ve been effectively defanged.”