Tag Archives: municipal courts

Cops need a warrant to get your vehicle’s black box data

May 16, 2018

Missouri cops will need to get a search warrant before they can access data from your automobile’s black box.

A recent decision in the Western District of Missouri basically blocks law enforcement from obtaining your black box data after an accident, unless you either consent or they get a warrant.

The appellate court took up the case of a man that had been stopped at traffic and was struck by a semi from behind. The Missouri Highway Patrol then downloaded the data stored on the semi’s electronic control module (ECM). Officers did not use a warrant and argued that there were exigent circumstances, therefore, the semi driver had no expectation of privacy of the data. Up to then, obtaining the black box data had been standard procedure for the highway patrol.

The patrol officer claimed that the driver had given him consent, but that box had not been checked off in his police report. The appellate court relied on a recent US Supreme Court case on GPS spying to find the police arguments were insufficient.

Judge Cynthia L. Martin wrote: “Sergeant Meyers’s testimony underscores that ECM data was seized from West’s truck not because there was probable cause to believe that West had committed a crime and that evidence of the crime could be found in the truck, but instead to investigate an accident to determine whether West had committed a crime.”

The court added that to allow warrantless searches on these grounds would “emasculate” the Fourth Amendment to the constitution.

Here is an unofficial summary of the case and should not be used as legal doctrine:

(1) The State’s arguments on appeal asserting error in granting the motion to suppress which were not raised with the trial court are not preserved for appellate review.

(2) Either a reasonable expectation of privacy or trespass on a possessory interest in a Fourth Amendment protected effect will afford standing to assert a Fourth Amendment violation. Here, West was the lawful operator and possessor of the semitruck at the time the police physically intruded into the semi-truck’s passenger compartment to connect a computer to the ECM located underneath the semi-truck’s dash. That physical intrusion into, and occupation of, the semi-truck constituted an actionable trespass into a protected Fourth Amendment effect (a vehicle) which afforded West standing to move to suppress the data downloaded from the ECM.

(3) The automobile exception allows police to search a vehicle and seize
contraband found therein without a warrant if there is probable cause to believe that the vehicle contains contraband and exigent circumstances necessitate the search. The State presented no evidence during the hearing on the motion to suppress to suggest or establish that the police had probable cause to believe that contraband or illegal items were located in the semi-truck.

(4) While the State presented testimony that ECM data might be overwritten if the semi-truck was moved, the trial court did not find this evidence to be sufficient to constitute an exigent circumstance permitting a warrantless search. The trial court’s finding was supported by substantial evidence.

(State of Missouri v. Anthony West, WD80879)

Watch out for police hotspots when speeding in Kansas City

April 18, 2018

If you tend to drive fast around the Kansas City area, you may want to check out a listing of traffic hotspots that the Kansas City Star compiled.

The Kansas City Star stated that in 2017 more than 118,000 traffic and parking tickets were issued by the Kansas City Police Department and processed through the municipal court. A good majority of them were on highways Interstate 435 and U.S. 71.

The newspaper took traffic and parking ticketing data from Kansas City Municipal Court for all of last year. They were able to identify where the most tickets were given, who is getting them, and what infractions are producing the most tickets.

Police broke down the locations where tickets were issued two ways: intersections and specific addresses. Intersections were primarily for traffic tickets such as speeding and improper lane change. Specific addresses were primarily for parking tickets.

In descending order, each of the following intersections had more than 500 citations:

10. U.S. 71 and Bannister Road

These were mostly speeding tickets, where drivers average 13 mph over the limit.

9. I-435 and 87th Street

Speeding again received the most tickets at this location with the average over the limit was 15 mph.

8. U.S. 169 and Briarcliff Parkway

Speeding has the most, with average over the limit of 13 mph.

7. U.S. 71 and 55th Street

The most common ticket given was for not properly displaying a state license plate on a vehicle, followed by speeding.

6. I-435 and Eastwood

Speeding again had the most tickets.

5. U.S. 71 and 75th Street

At this intersection, people were given the most tickets for not using designated traffic lanes and not properly displaying a state license plate. Tickets included about 100 seat belt violations.

4. Blue Parkway and South Noland Road

Speeding it is, with average speed 15 mph.

3. I-435 and Missouri 210

Speeding was number one reason for tickets here.

2. U.S. 71 and 39th Street

Speeding wins again. The Star notes that the highest speed recorded was 97 mph in a 55 mph zone.

1. Around the Heart of America Bridge

And to buck the trend, the main reason for some 1,400 plus tickets was for failure to obey signs with a lane change.

For the original article click here.

Tips on sharing the road with motorcycles

April 11, 2018

Driving safety awareness can vary on our roads and highways depending on what you are driving, whether it’s an automobile, commercial truck or motorcycle. Each type of vehicle requires special awareness. Today, we are talking about motorcycles.

Here are a few tips that the Missouri Department of Revenue’s driving guide suggests when you are sharing the road with motorcycles. Be aware of the following about motorcyclists:
• When you are passing, give motorcycles a full lane width. Do not squeeze past these road users. Wait for a clear stretch of road before passing a cyclist in a lane too narrow to share.
• Motorcyclists change speed and lane position when encountering bad road conditions, such as manhole covers, diagonal railroad tracks, road debris, or in strong winds. So be ready to react.
• Motorcycles are often overlooked by motorists. It is not always easy to judge the speed or distance of a motorcycle. So be extra cautious.
• You should not share a lane with a motorcycle. The motorcyclist needs the entire lane for safety reasons.
• On residential streets, especially those with parked cars, travel at or below the speed limit, depending on sight distance.
• When you are passing, give motorcycles a full lane width. Do not squeeze past these road users. Wait for a clear stretch of road before passing a cyclist in a lane too narrow to share.

Here are a few safety tips for motorcycle drivers that the DOR guide book suggests:

1. The law requires you to wear a helmet. Wearing a safety-certified helmet can prevent serious head injuries or death.
2. Be sure your motorcycle is in safe condition and has all the equipment required by law.
3. Make sure motorists see you. Wear bright colored clothes and stay out of a vehicle’s blind spots. Use proper lights and reflectors when riding after dark.
4. Make sure you signal before you slow down, change lanes or turn. Before merging, changing lanes, or turning, scan behind and in front to ensure that it is safe to make this maneuver. Do so in plenty of time and in cooperation with other drivers who will be affected by your move. If it is not safe, continue on a straight course and scan repeatedly. Only move once it is safe.
5. Be careful when passing to the left of a parked or moving vehicle. You should leave 3 to 4 feet of clearance to avoid suddenly opened car doors or to allow for a vehicle to swerve.
6. Be extra careful at intersections. Do not assume your right-of-way when there is a vehicle approaching. Be aware that motor vehicle drivers may not see you approaching the intersection, or may believe that you are moving at a slower speed than you are.
7. Keep a steady line and be predictable as a courtesy to other traffic and to increase your personal safety.
I

f both automobile drivers and motorcyclists keep these tips in mind when sharing our roadways, needless accidents will be prevented. Safe travels to all of you.

Legislature proposes a bill to curb racial profiling by law enforcement

April 3, 2018

Lawmakers in Missouri are reviewing a bill that is designed to curb discriminatory policing among law enforcement agencies. The bill, which recently had a hearing before a legislative committee, calls for disciplinary options and procedures that would be a check on discriminatory practices.

The bill places penalties on both individual law enforcement and on their agency when they are found engaging in discriminatory policing or racial profiling. Discipline could include counseling, termination, or training of any officer found to have engaged in discriminatory policing.

If a law enforcement department is found to have a disproportionate number of minority drivers stopped compared to the state average, the attorney general can provide resources to address it. If the problem continues for another three years, the attorney general could remove the agency’s funding by directing the local governing body to forfeit 25% of the police department’s revenue received from court costs, bond forfeitures, and fines.

Additionally, the bill calls for officers to use a consent search policy and requires information to be gathered from every vehicle stop. The data collected will then be analyzed by the attorney general.

The consent search would require that an officer prior to requesting a search would have to clearly state, either orally or in writing, in a language the person being questioned clearly understands that their consent must be voluntary.

Next, an officer would have to get recorded audio or video or written consent from the person who was stopped.

Officers will be expected to collect 11 pieces of information that include a reason for the stop, whether a search was conducted, and whether a warning or citation was issued.

Then by March 1st of each year, the agency must submit its report to the attorney general who will analyze the data and submit a report to the state legislature by June 1st of each year.

MO Vehicle liability insurance coverage explained

March 12, 2018
PulledOver.com Traffic Law Resource Center

Insurance. It’s something we hate to pay for until we need it.

Mandatory Car Insurance

Each state has different requirements for automobile insurance. In Missouri, all motor vehicle operators and owners are required to have liability insurance, which covers the policyholder’s legal liability from injuries to others and damages to their property. The technical term for this is Financial Responsibility. Failure to have Proof of Insurance can result in a ticket and four points on your license. 

Minimum Insurance Coverage

Missouri has a minimum coverage requirement when it comes to liability insurance. Liability insurance covers you when injuries or property damage to others are a result of your actions and negligence. The minimum level of coverage required is $25,000 per person for bodily injury; $50,000 per crash for bodily injury; and $10,000 per crash for property damage. You also are required to have uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per crash. This last coverage is used in cases where another driver hits you but does not have insurance of their own or a driver hits you and drives away from the scene.

What Counts as Proof of Coverage?

To get people to buy coverage, the state mandates that vehicle owners show proof of insurance when it comes to registering their vehicle or renewing license plates.

When you go into the Missouri Department of Motor Vehicles, you have options to show your insurance coverage: a copy or original of your liability insurance policy; a paid insurance receipt showing the policy information; an ID card issued by the department when a surety bond, real estate bond, or security is filed with the department; a certificate of self-insurance from the Department; or a hand held electronic device showing your policy.

Other Insurance Options

Surprisingly, insurance coverage from an insurance company is not the only way to meet the states coverage requirements. There is self-insurance, which if you have 25 vehicles and you can show you will pay for damage caused by your vehicles. Or you can make a deposit of $60,000 cash with the State Treasurer, which will issue you a certificate of self-insurance.

Finally, another option is the use of Surety bond, Real Estate bond, Certificate of Deposit, or some other Negotiable Security. If you can show $60,000 (or $120,000 if a real estate bond) to the Department of Revenue, the department will issue you a certificate of self-insurance as proof of insurance.

In a nutshell, these are the basic ways to obtain the required amount of liability insurance in order to drive motor vehicles in Missouri. Commercial trucking drivers must meet different requirements of insurance coverage.

FAQs about Missouri’s Chemical Revocation Laws

January 30, 2018

You are driving home from a party. In your rear view mirror you see the red lights and hear the siren of police car pulling you over. The problem is you had a few drinks, but you’re not sure just how much alcohol you have had. Questions race through your mind. Do I blow in a machine that tests my alcohol content?

You are now being arrested for driving while intoxicated. The police officer asks you to submit to a chemical test to determine your blood alcohol content or drug level.

While you have 20 minutes to contact an attorney to ask what to do, sometimes you simply aren’t able to get in touch with an attorney. You are confused on whether to say “Yes” or “No.” If you say, “No,” and refuse to blow, the State of Missouri deems you to have consented to such testing under its “implied consent” law. Again, you have the right to refuse to submit to the test but if you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year. This is known as a “Chemical Revocation.”

The topic of chemical revocation can be confusing. The Missouri Department of Revenue has a helpful Website that provides a lot of information related to the implied consent law and chemical revocation. Here are a few Q&A’s from the DOR that will help answer some of your questions:

Can I have any type of driving privilege while I am under a Chemical Revocation?

You may be eligible for a Limited Driving Privilege (LDP). The LDP may be used for work, your alcohol program, medical treatment, school, etc. You must install an Ignition Interlock Device (IID) and file an SR-22 form.

Do I need an Ignition Interlock Device (IID) to reinstate my Missouri driving privilege after I have served my 1-year revocation period?

If your driver record shows more than one intoxication-related law enforcement contact, you are required to have an Ignition Interlock Device (IID) installed on any vehicle you operate. You must maintain the device for a minimum period of six months from the reinstatement date. You will be monitored during the last three months of the six-month period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a three-consecutive-month period without violation. Violations are defined in 7 CSR 60-2.010 (refer to “violations reset” language).

What is an SR-22 insurance filing?

An SR-22 form is an insurance filing from your insurance company that shows your motor vehicle has liability insurance.

How long do I need the SR-22 insurance filing?

You must file the SR-22 form for two years from the effective date of your Chemical Revocation.

Why do I need to complete a Substance Abuse Traffic Offender Program (SATOP) if I was not convicted (or, I was convicted of a lesser charge)?

If you have an alcohol offense, such as an alcohol or drug revocation on your driver record, the law requires you to complete a SATOP (or comparable course) as a condition of reinstating your driving privilege in Missouri.

Where can I get information about Substance Abuse Traffic Offender Program (SATOP) courses?

Information regarding SATOP courses is available on the Missouri Department of Mental Health, Division of Behavioral Health website. For a SATOP provider near you check out our list of SATOP providers.

How do I appeal the revocation of my driving privilege?

You must petition the Circuit or Associate Circuit Court in the county where the arrest or stop occurred. A petition for review must be filed within 30 days from the date the Notice of Revocation is issued. If the arrest or stop occurred in another state, you must petition the Cole County Circuit Court, in Jefferson City, Missouri.

When will the Chemical Revocation come off my driver record?

A Chemical Revocation (for refusal to submit to an alcohol or drug test) is a permanent part of the record and can never be removed.

Missouri task force looks to strengthen driving safety laws

November 22, 2017

Safety was the key word in discussions at a recent task force meeting in Jefferson City, Mo., that discussed Missouri’s transportation system.

The task force, named Missouri’s 21st Century Transportation System task force, is charged with reviewing the funding of the Missouri Department of Transportation (MoDOT).

Between 1999-2016, MoDOT installed 800 miles of guard cable on Missouri interstates. According to MoDOT representatives, the guard cable has saved more than 500 lives. The cost of the safety cables, approximately $125,000 per mile. And another $10,000 per mile is needed to maintain annually.

Missouri has the seventh-largest state highway system, with 33,884 miles of roadway.

MoDOT says fatality crashes increased nine percent in 2016. Hood testifies 950 people died in Missouri traffic crashes in 2016.

Deaths continue to occur as motorists continue to drive without buckling up, driving intoxicated, texting while driving, and speeding. Sometimes deaths result because all of these factors. Deaths from traffic crashes increased nine percent in 2016, with 950 deaths in 2016 alone.

There are 16 states, including Missouri, without a primary seat belt law. Considering that Missouri is 50th ranked in a safety report by the National Safety Council (NSC).

This fact has MoDOT out front pushing state lawmakers to approve a primary seatbelt law. Already 53 municipalities have passed their own primary seat belt laws.

Some of the suggestions for increased driving safety have been strengthening laws for child passengers, no-texting laws, seatbelt laws, and the use of red-light traffic cameras.

MoDOT has come out to describe distracted driving that includes texting to be an epidemic, with nearly 40,000 deaths a year across the nation. MoDOT bans its drivers from driving and texting, and some 250 companies across the state are committing to ban its employees from texting and driving while on duty. Recommendations from the task force are expected by the first of next year.

With Missouri being the 47th lowest in fuel taxes in the nation, the task force is looking to fund the increased safety measures with a potential fuel tax increase. Strong opposition is expected to block any fuel tax increase.

Missouri DWI laws and treatment courts

November 21, 2017

Ever wonder about the underlying mechanics of how Missouri’s DWI laws have been put together? For the answer to that question, you need to look at House Bill 1695 that went into effect August 28, 2010.

The bill changed the laws for repeat alcohol offenders and drivers with high blood-alcohol levels. It also affected how a person qualifies for driving privileges. Other changes included the following:

• Creation of a centralized reporting database that tracks all driving-while-impaired offenses, from arrest to disposition.

• Prevents municipal courts from hearing an intoxication-related case if the offender has two or more “intoxicated-related” offenses, or two or more “alcohol-related” offenses.

• DWI courts were established to facilitate treatment for repeat offenders and drivers with high blood-alcohol levels.

• Establishes criteria for qualifying participants and graduates of a DWI court program to obtain a court-ordered limited driving privilege.

• Prohibits a first alcohol-related driving offense from being expunged from a person’s record if the person has another alcohol-related contact on record, or another alcohol-related action pending.

For more information, here is the link to the Department of Revenue to find out more: http://dor.mo.gov/faq/drivers/dwi.php. The DOR website offers a Q&A section that answers many questions you may have. Here are a few:

Can a DWI Court grant me a limited driving privilege when I participate in or graduate from its program, if I have more than one alcohol-related traffic offense on my record?
Yes. Section 302.309.3(9) now allows a DWI Court to grant a limited driving privilege to a participant or graduate of the program who may otherwise be ineligible for limited driving privilege. If you are granted a limited driving privilege by the DWI Court, the Department of Revenue will update your driving record to show the limited driving privilege.

I’ve heard that if my case is in a DWI Court, and I plead guilty to or am found guilty of a first-time driving while intoxicated offense, and my blood alcohol concentration is .15%, I would not be eligible for a suspended imposition of sentence (SIS) for the alcohol-related traffic offense. Is this true?
No. In a county in which there is a DWI court, you may receive an SIS so long as:
•You are placed on probation for a minimum of two years; and
•You successfully complete the DWI court or court-ordered treatment program.
What will the DWI Court program consist of? The program will combine judicial supervision, drug testing, continuous alcohol monitoring, substance abuse traffic offender program compliance, and treatment.

Is there a fee to participate in a DWI court program? A DWI Court may assess you with any and all necessary costs of your participation.

When is the earliest I can be issued a limited driving privilege if I am a participant in or graduate of the program? You must complete a minimum of 45 days of participation in the program and be approved by the DWI Court.

Am I required to have an SR-22 insurance filing if a DWI Court has issued me a limited driving privilege?
Yes. You are required to maintain an SR-22 insurance filing for the duration of your limited driving privilege.

Am I required to have an ignition interlock device in my car if a DWI Court has issued me a limited driving privilege? Yes, if you have more than one alcohol-related enforcement contact.

If I have a first alcohol-related driving offense on my record that is over 10 years old and now I have a new one pending in court, can I have the old alcohol-related offense expunged from my record? No. The new law prohibits the Department of Revenue from expunging the alcohol-related driving offense from your record because you have another alcohol-related offense pending.

The law balancing safety v. excessive regulation-punishment

November 3, 2017

Ever wonder where cities get their authority to implement traffic laws? In Missouri, the state legislature has passed multiple statutes related to traffic. One statute, 304.010, sets out maximum speed limits and penalties, and grants authority to cities to set those limits.

One provision, states that cities, towns and villages may regulate the speed of vehicles on state roads and highways within their cities’, towns’ or villages’ corporate limits. To do so, they must pass an ordinance with the approval of the state highways and transportation commission.

The statute says that if there is any reduction of speed in these cities, towns or villages, they must be designed to expedite the flow of traffic on state roads or highways to be consistent with public safety. That basically means the commission can declare any cities’ ordinance void if it finds that such ordinance is not designed to expedite traffic flow, and it was primarily designed to produce revenue for the city that enacted the ordinance.

The bottom line, thankfully, is that cities do have statewide oversight when it comes to regulating traffic within their boundaries. This helps us find that balance between public safety versus excessive regulations and punishment.

The statute is below if you want to learn more:

304.010. Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty. — 1. As used in this section, the following terms mean:
(1) “Expressway”, a divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway;
(2) “Freeway”, a limited access divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway within such ten miles of divided highway;
(3) “Rural interstate”, that part of the federal interstate highway system that is not located in an urban area;
(4) “Urbanized area”, an area of fifty thousand population at a density at or greater than one thousand persons per square mile.
2. Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated in excess of the speed limits established pursuant to this section:

(1) Upon the rural interstates and freeways of this state, seventy miles per hour;
(2) Upon the rural expressways of this state, sixty-five miles per hour;
(3) Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;
(4) All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;
(5) All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is identified by letter. Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;
(6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed limit is the legal speed limit.

3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy miles per hour.
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities’, towns’ or villages’ corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:
(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.
If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.
5. The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the county and, with the approval of the state highways and transportation commission, on any state road or highway not within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed. The maximum speed limit set by the county commission of any county of the second, third, or fourth classification for any road under the commission’s jurisdiction shall not exceed fifty-five miles per hour if such road is properly marked by signs indicating such speed limit. If the county commission does not mark the roads with signs indicating the speed limit, the speed limit shall be fifty miles per hour. The commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county, township or road district road in the county to the chief engineer of the state department of transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county. After the roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by state law.
6. The county commission of any county of the second, third, or fourth classification may by ordinance set a countywide speed limit on roads within unincorporated areas of any county, township, or road district in the county and may establish reasonable speed regulations for motor vehicles within the limit of such county. No person who is not a resident of such county and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such county road enters the county a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such county so that such signs may be clearly seen by operators and drivers from their vehicles upon entering such county. The commission shall send copies of any order establishing a countywide speed limit on a county, township, or road district road in the county to the chief engineer of the Missouri department of transportation, the superintendent of the state highway patrol, and to any township or road district maintaining roads in the county. After the boundaries of the county roads entering the county have been properly marked by signs indicating the speed limits set by the county commission, the speed limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits were established by state law.
7. All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall conform to standards established by the department of transportation.
8. The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any ordinance of any county, city, town or village of the state adopted before March 13, 1996.
9. The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.
10. A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident or as the defense to a negligence action.
11. Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.

 

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.