Tag Archives: speeding

New Missouri law bans traffic quotas, changes use-of-force laws

Missouri’s Governor Jay Nixon signed a new crime related bill that updates youth sentencing laws, changes use-of-force statutes, and bans traffic ticket quotas.

Changes will go into effect in 2018 and also make it easier to seal conviction records for some crimes. Currently state laws require a 20 year waiting period to file for an expungement of felonies and 10 years for misdemeanors. The new law reduces the waiting period for felonies to 7 years and 3 years for misdemeanors.  The cost to file is $250 and the person must not have received any other convictions during the waiting period.  Those convicted of dangerous felonies, domestic assault, certain violent crimes and sex offenses will not be eligible.

The legislation, approved by large margins in both the House and Senate, is designed to help former criminals find employment more easily. Records would be sealed from public viewing but prosecutors and police could still receive the information.

Legislation has changed how much physical force a police officer may use to bring Missouri in compliance with the U.S. Supreme Court ruling in Tennessee v. Garner.

Ticket quotas, a practice in some Missouri municipals, will likely be abolished with laws now prohibiting cities from encouraging or requiring an employee to issue a certain number of tickets. This change has come about after a push in traffic ticket reforms post 2014 Ferguson unrest and protests.

Sentencing reform also was part of the changes, particularly involving juveniles.  Juvenile murders older than 16 can be assessed a minimum of 50 years and be eligible for a parole hearing. Juvenile murders under age 16 can be sentenced to a minimum of 35 years and be eligible for a parole hearing.  These sentencing options were added for juvenile murders after a 2005 U.S. Supreme Court case ruled death sentences were unconstitutional, which left Missouri with only one option of a first-degree murder conviction.  And a later 2012 case stated that life without parole also was unconstitutional.

 

Missouri Legislature trying to stop ticket quotas

In May, the Missouri Legislature passed a law banning law enforcement agencies from setting quotas for traffic citations. The Bill is currently awaiting signature from Governor Nixon. The Bill was sponsored by Senate Republican Eric Schmitt from Glendale. He indicated the law was necessary to prevent local law enforcement agencies from using police officers to pad their budgets. For example, the Mayor of Edmundson sent a letter to the city’s police officers telling them they needed to issue more tickets in order to help pay their salaries.

Currently only St. Louis County has restrictions on traffic citations quotas. This new law would expand to all law enforcement agencies in the state. Punishments for violation of this new law could include Class A misdemeanor charges against city officials who order employees to issue a certain number of traffic citations.  

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

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

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

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.

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

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

Byrnes Mills Municipal Court Missouri

Byrnes Mill Traffic Lawyers

Jefferson County – 23rd Judicial Circuit
The Byrnes Mill Traffic Lawyers at PulledOver.com can handle it,

Byrnes Mill Speeding Ticket Defense

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

Byrnes Mill MIP Defense

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

Byrnes Mill DWI Defense

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

Let our Byrnes Mill Traffic Lawyers start helping you today. Contact Us

Byrnes Mill Traffic Court Information

This page contains Court information Links for Byrnes Mill, Missouri.

Byrnes Mill Municipal Court

Elise Gannon, Court Administrator
Mary L. Sheriff, Court Clerk

127 Osage Executive Circle
Byrnes Mill, MO 63051-0255
(636) 677-7727

(636) 677-5533 (facsimile)

Judge
Hon. Colby Smith-Hynes

Hours
The Violations Bureau is open for payments from 9:00am to 4:30pm. Closed on Fridays.

In 2012, the Municipality of Byrnes Mills filed over 3,600 tickets. Did you get a ticket in the municipality of Byrnes Mill? 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 Byrnes Mill 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

Clayton, MO Traffic Court

Clayton Traffic Lawyers

Did you get a ticket in Clayton, Missouri?

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

Clayton Speeding Ticket Traffic Law Defense

Did you receive a Speeding ticket in Clayton?

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

Clayton MIP Lawyers

Did you receive a Minor in Possession ticket?

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

Clayton DWI Criminal Defense Attorneys

Did you receive a ticket for Driving While Intoxicated?

Our Clayton DWI attorneys handle drunk driving defense, where your driver license and your freedom are at stake. We handle all aspects including the Administrative Hearing or the ramifications of a refusal.

Let our Clayton traffic law attorneys start helping you today. Contact Us

This page contains Court information Links for Clayton, Missouri.

Clayton Municipal Court

10 S. Brentwood
Clayton, MO 63105

Tel: (314) 290-8441
Fax: (314) 863-0295

City of Clayton, MO website.

For more information regarding your case visit municourt.net.

Judge
Hon. Joseph Dulle

Prosecuting Attorney
Darold E. Crotzer, Jr, Esq.

Court Administrator
Elricka Jones

Court Dates and Docket Dates
Traffic: 1st and 3rd Wednesday of every month at 6:00 P.M. Doors open at 5:30
Housing: 2nd Thursday of every month at 9:00 A.M.

For information on your ticket, click here.

Court fines may be paid by one of the following methods:

  1. Pay Traffic Tickets Online at https://www.ipaycourt.com/claytonParking tickets can be paid here.
  2. Mail payments in the form of check or money order only made payable to City of Clayton to: Municipal Court
    City of Clayton
    10 S. Brentwood Blvd
    Clayton, MO  63105
  3. Pay fines in person with cash, check, money order, MasterCard or Visa.  Please note that court fine payments must be received before 4:00 p.m. on the day of court.

Charlack, MO Traffic Law Defense Lawyer

Charlack Traffic Lawyers

The Charlack Traffic Lawyers at PulledOver.com can handle it:

Charlack Speeding Ticket Traffic Law Defense

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

Charlack MIP Lawyers

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

Charlack DWI Criminal Defense Attorneys

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

Let our Charlack traffic law attorneys start helping you today. Contact Us

Charlack Traffic Court Information

This page contains Court information Links for Charlack, Missouri.

 

Charlack Municipal Court

8401 Midland Boulevard
Charlack, MO 63114

Tel: (314) 427-4715
Fax: (314) 427-5049

City of Charlack, MO website: www.cityofcharlack.com

Judge

Hon. Joseph Lott

Court Dates and Docket Dates (7:00 P.M.)

 

1st and 3rd Monday of every month

Hours

The Violations Bureau is open for payments on Monday to Friday from 9:00 A.M. to 4:00 P.M..

General Court Information

Mike Pauley, Court Clerk
8401 Midland Boulevard
Charlack, MO 63114

Tel: (314) 427-4715
Fax: (314) 427-5049

Brentwood, MO Municipal Court

Brentwood Traffic Lawyers

St. Louis County 21st Judicial Circuit
The Brentwood Traffic Lawyers at PulledOver.com can handle it:

Brentwood Speeding Ticket Defense

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

Brentwood MIP Defense

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

Brentwood DWI Defense

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

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

Brentwood Traffic Court Information

This page contains Court information Links for Brentwood, Missouri.

Brentwood Municipal Court

Carol Moses, Court Administrator
2348 S. Brentwood Blvd
Brentwood, MO 63144
(314) 963-8623
Fax (314) 962-4729

Brentwood Municipal Court Online

Judge
Hon. E. Ronald Hill

Prosecuting Attorney
Michael W. Shelton, Esq.

Court Dates and Docket Dates (7:30 p.m.)
2nd & 4th Mondays of every month

Hours
The Violations Bureau is open for payments from 8:30 a.m. to 5:00 p.m..

Directions
From Highway 40, proceed south on Brentwood Blvd. approximately 1.5 miles. City Hall will be on the left (East) side of Brentwood Blvd. at the intersection of Brentwood Blvd. and Eulalie/Litzsinger.

In 2012, the Municipality of Brentwood filed over 5,000 tickets. Did you get a ticket in the municipality of Brentwood? 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 Brentwood 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.