Tag Archives: Missouri traffic law

Missouri’s open container law diverts funds to road safety

October 24, 2017

Since 2001, Missouri has been paying millions in penalties for its refusal to obey a federal law prohibiting passengers in moving vehicles from drinking alcohol. The state’s open container law has cost Missouri $275 million that could have been used to road and bridge construction.

Never mind, the Missouri Department of Transportation says, it needs $825 million to maintain its roads. Though this sounds counterintuitive, Missouri’s non-compliance with the law is a good thing because it is inadvertently saving lives. How is that?

Due to the federal penalties, the money has had to be spent elsewhere, such as on small engineering projects and alcohol awareness programs and measures. Although MoDOT needs the funds, they are quick to concede the penalties that have led to the loss of the designated funds have been a blessing for the state’s transportation system.

The Transportation Equity Act for the 21st Century mandates that states who refuse to ban open containers to spend 3 percent of their federal highway construction funds on safety initiatives, and not on new pavement projects.

According to the Federal Highway Administration, the funds can be used for law enforcement purposes, “alcohol-impaired driving countermeasures,” or “hazard elimination” projects.

MoDOT data indicates Missouri’s penalty in the last fiscal year was about $21.4 million. Roughly 25 percent was spent on safety measures and about 75 percent on road projects that eliminate driving hazards.

Diverting spending from highway construction has allowed state workers to install hundreds of miles of median guard cables, which Miller said has “saved hundreds of lives.” Other projects funded by the penalty funding include installing rumble strips on shoulders, enforcing driving laws, funding DWI courts and educating newer drivers. MoDOT claims the diversion of these funds to these transportation safety and enforcement measures has saved hundreds of lives.

Columbia bill makes texting and driving an offense for all ages

October 18, 2017

The City of Columbia, Missouri, is considering passing a bill that will ban texting while driving for drivers of all ages.

Currently, there is a statewide rule that prohibits texting for drivers 21 years old and younger. If passed, the ordinance would make Columbia one of the few Missouri towns that bans texting for all ages.

However, the legal grounds to pass such a regulation is questionable. 

Supporters of the bill argue that they will have different approach for violators 22 years and older. Columbia police will be directed to issue tickets to the older adults only after another primary traffic offense has happened. The current state law for 21 and younger makes driving while texting a primary offense that police can pull the younger drivers over. The law prohibits the use of a cell phone to “send, read or write a text message or electronic message.” The older drivers must first commit another violation before they get a citation.

The law, however, is different for commercial motor vehicle driving. Those drivers are prohibited to use hand-held cell phones to text or make a call.

The consensus among the legal community is unclear whether municipals have the power to pass more restrictive laws on texting. In St. Louis County, the City of Kirkwood has adopted a more stringent ordinance but most other cities have not because attorneys disagree about the issue.

The Columbia ban was a recommendation from a 2016 Mayor’s Task Force on Pedestrian Safety.

Distracted driving, which includes texting while driving, is a common reason for deadly or injurious traffic crashes in Columbia.

According to the Missouri State Highway Patrol, since the start of 2017, there were 125 vehicle crashes in related to distracted driving, a category that includes driving and texting.  Of those, 24 of the crashes involved injuries, with five injuries disabling.

Missouri appellate court rules on DWI probable cause standard

September 6, 2017

A recent Missouri Court of Appeals, Western District decision continues to give law enforcement a low burden to show probable cause to pull a DWI suspect over.

The case is Brian Charles Srader v. the Department of Revenue.  Srader was arrested for driving while intoxicated on February 15, 2015.  A breath test was performed on Srader at the police station.  The test showed that he had a blood alcohol content of .122 percent.  The Director of Revenue then suspended his driving privileges. Srader then petitioned the circuit court for a trial de novo with the sole witness being the arresting officer.  After the trial, the court entered its judgment to set aside the suspension of Srader’s driving privileges. The judge had found that the Director’s evidence was credible and that Srader had a BAC level over the legal limit of .08 percent. Despite the strong evidence for intoxication, the judge ruled that the arresting officer lacked probable cause to arrest Srader for an alcohol-related traffic offense.  The Director of Revenue appealed to the court of appeals.

The appellate court reversed and remanded the circuit court’s decision. It held that the evidence which the circuit court found credible also established multiple indicia of intoxication. And these multiple indicia of intoxication was enough to establish probable cause for the arrest.  For example, the officer had seen Srader driving erratically.  And after the stop, the officer stated that Srader’s eyes were watery, glassy, and bloodshot and his speech was slurred.  Furthermore, the officer testified that Srader made inconsistent and suspicious statements about where he was coming from and if he had had anything to drink. Srader also voluntarily submitted to a breath test which showed that alcohol was present.

The court said that these facts when taken together was enough to show to the senses of a reasonably prudent person that Srader had been driving while intoxicated.  The circuit court had erred by concluding that probable cause was lacking in the arrest.

The opinion was written by Judge Alok Ahuja. The other two judges were Cynthia L. Martin and Lisa White Hardwick.  Attorney for the appellant was Rachel M. Jones. Theodore D. Barnes was attorney for respondent.

Foundation requirements for prior convictions in DWI

September 4, 2017

A recent Court of Appeals of Missouri, Western District opinion shows the importance of prosecutors laying a proper evidentiary foundation to introduce evidence of prior convictions in driving while intoxicated cases.

 

In the case of State v. Gary Lee Pylypczuk, following a jury trial in the circuit court of Clay County, Mr. Pylypczuk appealed his conviction of driving while intoxicated.  The DWI was in violation of § 577.010. Pylypczuk argued that the circuit court improperly admitted evidence of his status as a persistent intoxication-related traffic offender because the evidence was not properly authenticated.

 

The court reversed the sentence imposed by the Court and remanded the case for jury sentencing.

 

In its holding, the Appellate Court stated that Section 577.023 does not allow records from the Missouri Uniform Law Enforcement System’s Driving While Intoxicated Tracking System (DWITS) to be admitted to prove a prior conviction in the absence of any foundation.

 

The Appellate Court went on to hold that the State failed to lay an adequate foundation to support admission of evidence of Pylypczuk’s prior convictions, and that without evidence of prior convictions, Pylypczuk could not be sentenced as a persistent intoxication-related traffic offender.

 

The Appellate Court stated in its opinion: “Because Exhibit 2 lacked adequate authentication, it was not admissible and the circuit court erred in admitting it. Furthermore, because Exhibit 2 was used to establish one of the two convictions rendering Pylypczuk a persistent offender, he was prejudiced by the erroneous admission. We, therefore, reverse the finding of the circuit court that Pylypczuk is a persistent offender and the resulting sentence and remand for jury sentencing as a class B misdemeanor offender.”

 

The Special Division Judges were Zel M. Fischer, Special Judge, Presiding, and Karen King

Mitchell and Cynthia L. Martin. Judge King Mitchell wrote the opinion.

MO state troopers to start patrolling St. Louis highways

August 22, 2017

The City of St. Louis highways will be getting some help when it comes to highway traffic enforcement.

The Missouri Highway Patrol will soon be patrolling the interstates in St. Louis. It will be a 90-day pilot program to free up police officers to focus on violent crimes in the city.

The patrols will focus on certain stretches of Interstates 70 and 55 that are located within city limits. Approximately 20 to 30 troopers will be assigned to the program with about eight troopers on each shift.

The trooper patrols, which are expected to start in early July, will be available to assist city police officers if they need assistance. As to how many city officers would be freed up is unclear at this point. Apparently this type of temporary program had been used once before during a spike in violent crime in February of 2015.  Then police Chief Sam Dotson had requested the assistance.

State troopers don’t currently patrol interstates that within the city.  Troopers are expected to come from Troop C which have areas of extra personnel and by combining several zones and adjusting schedules to maintain current levels of coverage.

The push this time seems to be coming from within Missouri Gov. Eric Greitens’ office.  Last December the Governor’s wife was robbed outside a café.  Crime in St. Louis has increased in recent weeks. The latest statistics show overall crime is down slightly but aggravated assaults with a gun are up 27 percent over the same time period last year. Homicides are similar to last year’s numbers.

MoDOT officials advise drivers to be cautious on eclipse day

August 18, 2017

It will be the first total solar eclipse in the St. Louis area since 1442.  At the same time local officials are concerned about traffic safety.

Transportation and police agencies across Missouri and Illinois have issued warnings about next Monday’s solar eclipse, warning that traffic snarls and potentially accidents could occur when motorists travel from prime viewing areas.

Jefferson and Franklin counties and points farther south are expected to be among the top spots for Missourians to watch the eclipse.

A national task force of communications personnel from each of 14 states in the eclipse’s “totality” path was created to help address traffic safety concerns.  Because this is rare event, the task force has had to look at how southern states have adapted and prepared for hurricanes. 

In Missouri, MoDOT has increased the number of staffers on motorist assist  vehicles.  They will work with the Missouri Highway Patrol to monitor highway rest areas for congestion.  The expectation is that if the rest areas get filled up, they will have to be closed.

MoDOT expects to see a large increase of motorists in the state.  Estimates place it anywhere between 300,000 to 1.2 million visitors from other states who will be traveling to this central state to see the eclipse.  Excess traffic is expected not just the day of the eclipse but the day before and after as well.

Illinois also expects an uptick in traffic. Estimates are from 100,000 to 200,000 expected to visit the southern Illinois viewing areas near Carbondale.

Because of the increased traffic, transportation leasers are advising visitors to find a safe location, arrive extra early, remain there for a good period afterwards, and leave late.

Drivers are encouraged to turn on their headlights and watch out for pedestrians on smaller roads. People are expected to be randomly parking and walking shortly before the eclipse to get good vantage points and drivers must be aware of their safety.

MoDOT is warning drivers that they cannot stop on interstate highways and that parking is illegal on shoulders.

Creve Coeur Municipal Court

May 23, 2017

Located in St. Louis County

Creve Coeur Municipal Court Jody Caswell, Court Clerk

300 N. New Ballas Rd

Creve Coeur, MO 63141

(314) 432-8844 (314) 432-1962 (facsimile)

http://www.creve-coeur.org/101/Municipal-Court

Prosecuting Attorney Stephanie Karr

Court Dates and Docket Dates 

Did you get a ticket in the municipality of Creve Coeur? 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 Creve Coeur Municipal for over 15 years. We work with the prosecuting attorney to get your ticket reduced. Often we are successful getting the ticket amended to Other Parking Violation instead of a moving violation. 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.

Creve Coeur MIP Defense

  • Our Creve Coeur MIP lawyers handle MIP defense, where the object is keeping your record clean and your driver license from being suspended

Creve Coeur DWI Defense

  • Our Creve Coeur DWI attorneys handle drunk driving defense, where your driver license and your freedom are at stake. In 2017, Creve Coeur filed 67 alcohol or drug related charges.

Let our Creve Coeur Traffic Lawyers start helping you today. Contact Us

Creve Coeur Traffic Court Information

This page contains Court information Links for Creve Coeur, Missouri.

MO Speeding Ticket Lawyers | MO DWI Lawyers | MO MIP Lawyers

Missouri Speeding Ticket Defense | Missouri MIP Defense | Missouri DWI Defense

Kinloch officials ordered to court to explain traffic ticket

May 23, 2017

A St. Louis County circuit court judge ordered City of Kinloch offices to appear in court to explain why they allegedly would not allow a citizen to contest a traffic ticket she received last month.

The individual, Kathy Grant of Florissant, received a $125 traffic ticket in the mail on March 6.  The ticket accused her of driving 51-mph in a 40-mph speed zone on North Hanley Road in Kinloch on February 16. 

Grant denies she was speeding.  The ticket was mailed to Grant’s husband but she admits she was the driver of the car, heading to work that day.

The ticket showed a photo of the back of Grant’s car and license plate but no photo of the driver.  Also, the ticket did not contain a specific address as to where she was caught speeding. 

 The ticket payment date for the fine was April 5, however, she gave her ticket to an attorney to handle.

According to court documents, Circuit Court Judge Douglas R. Beach ordered City Manager Justine Blue, Kinloch Mayor Darren Small, and a Kinloch judge, Christopher Bent, to appear in court last week on May 11 to explain why the ticket was not a violation of Missouri law.

The ticket apparently allows the fine to be paid directly to a private company, and was not filed in Kinloch municipal court, according to the order.

Apparently a party had asked the Municipal Court for a trial on the allegations against them.  They were told that the notice was not a ticket. At this point, due process was not granted nor is it available to challenge the notice, the judge’s order stated.

The concern is that the notices are misleading to the public that they are part of the court process with due process of law.

 

MO Appellate Court rules on State’s driving eligibility rule

May 10, 2017

The Missouri Court of Appeals Eastern District (Division Three) held last week that Missouri substantive law governs the Director or Revenue’s decisions when it comes to issuance, suspension, or revocation of a Missouri license regardless of the driver’s home state at the time of conviction. The interstate Driver License Compact does not supplant the Missouri 10-year ineligibility rule under §302.060(9), the appellate court said.

 

Here is the background of the case.  The Director of Revenue appealed the trial court’s judgment ordering the DOR to issue a Missouri driver’s license to William Thanner.

 

Thanner received three DWI convictions while residing in Georgia between 1996 and 2010. He completed all requirements for reinstatement in Georgia and had a valid Georgia license when he moved in 2015 to Missouri. The Director of DOR denied Thanner’s application for a Missouri license, citing §302.060(9) imposing a 10-year ban following two or more DWI convictions. Upon judicial review, the trial court ordered the Director to issue Thanner a Missouri license, reasoning that Thanner’s Georgia license was entitled to reciprocity under the interstate Driver License Compact (§302.600).

 

The trial court’s judgment is reversed, and the cause is remanded for the trial court to reinstate the Director’s denial of Thanner’s application for an unrestricted license and proceed on his request for limited driving privileges.

 

 The opinion was written by Judge’s Lisa Van Amburg with judges Angela T. Quigless and Robert G. Dowd, Jr., concurring. The attorney for Appellant was Rachel Jones and the attorney for Respondent was Keith Liberman.

 

The appellate court stated the following as to its analysis:

 

“Here, the trial court adopted Thanner’s rationale and conclusions of law, relying entirely on a dissent opining that §302.160 applies only to drivers holding a Missouri license when the out-of-state offense occurred, and citing full faith and credit without analysis.2 Johnston v. Director of Revenue, 305 S.W.3d 465 (Mo. App. E.D. 2010). In that case, a Kentucky driver was convicted of DWI in 1996, but his conviction was not affirmed on appeal until 2006. In the interim, Johnston’s conviction remaining unreported, and he moved to Missouri and obtained a Missouri license in 2005. When the Kentucky DWI conviction was finally affirmed and reported in 2006, the Director suspended Johnston’s Missouri license. Despite the fact that Kentucky was Johnston’s home state at the time of the offense, this court affirmed the Director’s suspension, reasoning that the Director was entitled to rely on the conviction date as reported by Kentucky. While unusual on its chronological facts, Johnston remains instructive for its adherence to a strict liability approach to Missouri’s 10-year rule under §302.060(9), consistent with other appellate decisions cited above.

 

‘Thanner did not develop his full faith and credit argument into legal analysis and essentially abandoned it at oral argument, conceding that it does not mandate reciprocal recognition of state-specific licenses (e.g., drivers, teachers, lawyers).  Simply put, Missouri substantive law controls the Director’s issuance, suspension, or revocation of a Missouri license regardless of the driver’s home state at the time of the conviction. Nothing in the Compact mandates differential treatment.”

A $3.00 court fee applied to traffic tickets now under scrutiny

April 4, 2017

A $3.00 court fee charged to municipal court tickets that funds sheriff’s pensions is under scrutiny in Missouri.

Missouri’s municipal courts began in 2014 to charge a $3.00 court fee to defendants to help fund the Sheriffs’ Retirement Fund. However, some judges and legal scholars are questioning whether the charge is constitutional because the sheriff’s department does not operate at the municipal level.

As many retirement funds for government workers were having trouble receiving funding in Missouri and other states, that has not been the case for the sheriff’s fund. The $3.00 charge ended up increasing the retirement fund significantly, up more than $10 million in assets between 2012 and 2015.

Many sheriff employees throughout the state, particularly in rural areas, receive low wages and depend upon the fund’s pension to live off of after retirement.

The attorney general at the time, Chris Koster, issued three opinions that indicated the $3.00 court fee that funds sheriff’s pensions should be applied to the state’s municipal courts. The Missouri Supreme Court, which prior to this third opinion issued, had not approved the fee to be used at the municipal court level. But this last time in 20163 the court approved it, adding the fee to traffic tickets and other tickets at the municipal level in 2014. The charge applied to all municipal courts except for St. Louis County and the City of St. Louis.

Approximately 362 of the 608 cities, villages and towns in Missouri that have a municipal court may be refusing to charge the $3.00 sheriffs fun charge to municipal court cases. This now has the Sheriffs’ Retirement System seeking help to the municipal level governments to charge the fee and pass on the money.

C.F. Barnes, executive director of the retirement system, sent letters on March 6 to Circuit Clerks in 102 Missouri counties, asking them to enforce the Missouri Supreme Court’s August 2013 order to apply the surcharge to court cases.

This is setting up a fight between the Supreme Court, municipal courts and the Sheriffs’ Retirement Fund. Stay tuned as this story progresses.