DWI Archives - 636 Traffic Law

CARELESS AND IMPRUDENT DRIVING TICKET…

29Mar By Charles Moore

CARELESS AND IMPRUDENT DRIVING TICKET

A careless and imprudent driving ticket is a serious charge issued to Missouri drivers. A careless and imprudent driving ticket, also known informally as a C&I, can lead to a serious rise in insurance premiums.

This article discusses different examples of careless and imprudent driving tickets in Missouri and why you should hire a traffic ticket attorney St. Charles to resolve them in court for you.

Since Missouri does not have a reckless driving statute, a C&I ticket in Missouri is usually designed to cover situations where the driver acted recklessly.

Examples are as follows:

Driver Dan fails to drive in a careful and prudent manner by weaving in and out of lanes in a 35 mph maximum speed zone. Or he causes and accident by passing someone in the right lane and not using his turn signal. Or he has a road rage incident where he ends up tailgating another driver for an excessive distance.

A C&I ticket can have strong penalties in Missouri. If a driver is ticketed but there was not an accident involved, it is generally charged as a Class B Misdemeanor, with a maximum of six months in jail and a $1,000 fine for a conviction.

Where there is an accident related to the careless and imprudent driving, the offense is charged as a Class A Misdemeanor with a maximum of a year in jail and $2,000 fine for a conviction.

Just as important, a conviction for a C&I results in four (4) points added to your license. In addition to rising insurance premiums, the driver is half way to an administrative suspension of their driving privileges.

Driving While Intoxicated (“DWI”) charges can sometimes be plead down to a careless and imprudent driving ticket, depending on the police report and available evidence. A DWI that is reduced to a careless and imprudent driving plea is a good outcome compared to a conviction for DWI. This outcome is often called a “wet reckless”.

It’s very important to hire a St. Charles careless and imprudent ticket lawyer to assist you with resolving your ticket because they are often very subjective. We successfully had a ticket dismissed completely when I explained to the prosecutor that the sudden move to a right lane from a left lane by our client was not careless and imprudent but the exact opposite.

The officer in that case had not realized that the driver in front of our client had stopped suddenly to avoid hitting an animal in the road. As a result my client had no time to brake and his only option was to swerve to avoid hitting him. No accident was caused and the prosecutor dismissed the ticket after I provided this explanation.

CONCLUSION

There are often a variety of reasons people appear to act careless and imprudent while driving here in Missouri that can actually be explained with a valid reason for that action, often which is in fact very careful and prudent driving!

Charles J. Moore is the founder and owner of Traffic Ticket Center. He has been both a municipal prosecutor and a defense attorney during in his 17 years of practice, experience which greatly enhances his clients in cases where they are charged with a traffic offense, regardless of the charge.

First DWI Charge And Your Driver’s License in St. Peters…

25JanJanuary 26, 2021 By Charles Moore

FIRST DWI CHARGE AND YOUR DRIVER’S LICENSE IN ST. PETERS

If you have received a first DWI charge in St. Peters you should read this article to learn about what can happen to your license and what can happen in court. That’s because in Missouri, a DWI charge is essentially two separate cases.

The first case is an administrative case and deals with your license and whether it will be lost, suspended or revoked.*

The second case is the case for the crime of a first DWI, i.e. the criminal case resolved in the court where the case was filed. For most first DWI cases, that case will be in the municipal court of the city issuing the ticket. Or if your first DWI charge Missouri was ticketed by a sheriff, most likely in the county municipal court.

Let’s review a quick example: Say Sam Speedy gets pulled over in St. Peters by a St. Peters police officer. He’s charged with DWI and speeding. Because it’s his first ever DWI charge, his case will be heard in St. Peters Municipal Court. His administrative case will be heard in an administrative review, which just happens to be held in the St. Charles Municipal Court.

What happens to my license when I am charged?

Whether or not you provided a breath test sample (or samples) when you were taken to the police station, before you are released they will take away your Missouri driver’s license and issue a 15 Day Temporary Driving Permit.

You can see what one looks like here: https://dor.mo.gov/forms/2385.pdf

The Temporary Driving Permit (Form 2385) is in fact your driver’s license for the following 15 days.

Under Missouri law, however, if you do not request an administrative hearing within 15 days of the date of your arrest for DWI, your license is automatically suspended for 90 days.

It is almost always in your best interest to hire a DWI lawyer St. Peters who will contest the loss of your license in an administrative hearing. First, your attorney may be able to prove that there was no probable cause for the stop.

And during the time that case is pending, your license suspension will be stayed, i.e. your license will not be suspended. Therefore, you can get your ducks in a row with transportation in the event you eventually lose your DWI administrative hearing.

In most cases, requesting an administrative hearing will preserve your driving privilege for at least 45 day. That’s because the administrative hearing will not usually be scheduled before then. In many cases, it will be scheduled farther out than that and in only a few cases would it be less than that.

Your DWI lawyer near me can also generally re-schedule administrative hearings as a matter of right one time.

What happens at the administrative hearing?

The only issue to be determined by the administrative judge at the administrative hearing is whether the officer had probable cause to pull you over and if they followed proper procedures after the stop. Your attorney can subpoena the officer(s) who pulled you over and question as to the reason for the stop.

Should your attorney be able to prove that they didn’t have a valid reason for the stop (did not have probable cause), you will keep your license.

If you lose your administrative hearing, your license is suspended about 15 days after the administrative judge makes his or her ruling.

If I lose my license what happens?

Your license is suspended by the Missouri Department of Revenue for 90 days. During the first 30 days you cannot drive at all. However, you can request a limited driving privilege in Missouri for the remaining 60 days of suspension. If granted, you can drive to and from work and/or school, to medical appointments or to attend a substance abuse program.

What about losing my license after a second or third DWI in Missouri?

For a second DWI, that depends on how close it was in relation to the first DWI. If the second DWI is within five (5) years of the first, your license can be revoked for up to 5 years. A third conviction can result in a ten (10) year loss revocation.

Why should I hire a DWI lawyer near me?

The consequences of a DWI conviction are severe. Remember that a charge, however, is not the same as a conviction. Officers often don’t follow proper procedure. This can be proven via a combination of their testimony and their completed police report. The narrative in the report is often very informative regarding the stop.

An experienced DWI lawyer knows how to extract that testimony from the officer and can review all of the documentation related to the stop.

I’ve personally saved client’s licenses from being suspended by seeing improperly completed documentation before the hearing. I’ve also discovered weaknesses in the handling of the stop at the scene.

As I tell clients, if the police did their jobs correctly, it’s often hard to beat a DWI charge. However, you’ll never discover this without experienced legal help.

Conclusion

Have a job where you must have a car? Do you value your freedom to travel around in a car? The loss of your license stemming from a DWI charge St. Charles County can be incredibly scary. You do have rights, however, and the loss of the license is only automatic if you do nothing.

* For the purpose of this article we are only talking about your driver’s license when a breath test sample is provided by the driver, the sample is over .08 BAC and the driver does not hold a commercial driver’s license (CDL) and not when the driver refuses to provide a breath test, commonly referred to as a separate charge called a Refusal To Provide A Breath Test.

DWI VS. DUI IN MISSOURI…

15Dec By Charles Moore

DWI vs. DUI IN MISSOURI

A question I get asked a lot by people as a DWI defense lawyer St. Peters is what is the difference between DWI (Driving While Intoxicated) versus DUI (Driving Under the Influence)? It’s a question that I get quite a bit and it’s one that I’m used to answering. This article will explain the differences and similarities.

DWI AND DUI: WHAT’S THE DIFFERENCE IN MISSOURI?

The simple answer is while they are technically two different offenses in Missouri, a DWI and a DUI are both similar. In both charge the driver is alleged to have been impaired, either because of alcohol (DWI) or because of drugs (DUI).

A driver is ticketed with a DWI when they have been found to have a higher than .08 BAC (blood alcohol content).

A driver can be charged with DUI where they are found to be under the influence of intoxicating substances while driving such that impairs their driving ability.

With a DUI, the intoxicating substance can be over the counter medication, marijuana, prescription medication or even cold medicine. With a DUI, there is not a BAC to measure but the observations of the officer and the statements of the driver can be evidence of DUI.

DWI AND DUI: WHAT ARE THE PENALTIES IN MISSOURI?

In Missouri, the penalties for DWI and DUI are pretty much the same. Under RSMo. Section 577.010 link: https://revisor.mo.gov/main/OneSection.aspx?section=577.010) , a first offense conviction for DWI or DUI is a Class B Misdemeanor and eight (8) points on your license. This is in addition to significant fines, up to six (6) months in jail and, perhaps most important, a loss of your license for at least 30 days.

A second DWI or DUI offense is a Class A Misdemeanor. However, you will now be considered a “prior offender”, with fines up to $1,000, 30 days of community service and a license suspension for one year. You may also be required to install an Ignition Interlock Device, which won’t allow you to start your car if you have alcohol in your system.

A third DWI / DUI is now considered a Class A felony in Missouri and may include the violator being sentenced to a term of imprisonment. Fines are even higher and loss of license is much longer.

CONCLUSION

The bottomline is that anyone charged with a DWI or a DUI in Missouri must act quickly and obtain legal counsel to avoid an automatic loss of license occurring for non-action. There are immediate impacts of a DWI or DUI conviction and then there are long term impacts, both of which must be understood by someone facing these charges.

An experienced DWI attorney St. Peters can review your case and possibly beat the charges, get them reduced to a lesser charge, or if your case is one that should be plead, help reduce the impact of the penalties.

Missouri Traffic Tickets: Our Process

28JulJuly 21, 2020 By Charles Moore

MISSOURI TRAFFIC TICKETS: OUR PROCESS

Traffic Ticket Center in St. Charles County, Missouri can assist you with your St. Peters speeding ticket or St. Peters traffic ticket.

We are highly experienced in helping clients with traffic violations in all areas of Missouri, including: Kansas City, St. Louis, Mid-Missouri, Northwest Missouri, Northeast Missouri, Southeast Missouri, Southwest Missouri and Missouri Highway Patrol.

HOW IT WORKS

GET A QUOTE

First, call our office to provide your contact information, your traffic ticket number, the violation, and the city or county where you received your ticket so we can provide you with a quote.

HIRE AN ATTORNEY

Once we know more specifics about your situation, we will provide you with your options. You can hire us at our office or over the telephone. Convenience and speed are major positives of hiring our firm to represent you.

WE CONTACT THE PROSECUTOR

When you give us your consent to proceed, we will begin by entering a “Not Guilty” plea on your behalf. We will notify the prosecutor of all facts in your favor. Are you a good driver? Are you a good citizen? In the military? Was the weather bad that day? Were you having a bad day? Our job is to present you as a person rather than a name on a piece of paper. We put your best foot forward which can often make a huge difference in the disposition of the case (how the case is resolved).

NEGOTIATING A RESOLUTION

Next, the attorney will negotiate with the Prosecutor to amend the charges against you. The goal is to avoid accumulation of points on your license which also avoids an increase in insurance rates. Some cases are much harder to negotiate with than others. For example, if you get a speeding ticket for driving 45 in a 30 mph zone that’s one thing. However, 75 in a 30 mph zone is a different story. Luckily, we know that there are alternative sentencing options out there. For example, for high speed, prosecutors will often reduce the ticket to a non-moving violation (what you want) if you complete a Driver Improvement Program (DIP).

SUBMIT PLEA & PAYMENT TO THE COURT

Once we receive an amended charge from the Prosecution, we will call you and discuss the process moving forward. Payment of fines can often be done via credit card or check. You will have to pay your fine and enter your guilty plea to the amended charge.

CONCLUSION

I’ve practiced law in California and New Jersey and I can tell you that the process for traffic ticket attorney is much different in those states than here. St. Louis is particularly unique even in Missouri. Nevertheless this is the system we have. But, most of that system works to your favor. It’s much cheaper here to resolve tickets, you often don’t even need to meet with your lawyer and you will almost never need to go to court unless your charged with a serious matter like a DWI.

Traffic Ticket center can assist you with your traffic ticket as well as DWI’s, alcohol and drug offenses and general criminal defense. Call us today at (636) 486-2669.

Missouri Abuse and Lose

02Jun By Charles Moore

Missouri Abuse and Lose

Missouri has strong laws regarding alcohol and other serious traffic offenses. If you’re under 21, Missouri’s “Abuse and Lose” laws apply.

The statute is Section 577.500.1 and consists of two sections:

Under the first section, the Abuse and Lose law authorizes suspension or revocation of driving privileges if a person under 21 has committed any alcohol related traffic offense, any offense involving possession or use of alcohol while operating a motor vehicle, any offense involving possession of a controlled substance (drugs) or any offense involving the alteration, modification or misrepresentation of a license to operate a motor vehicle.

The length of suspension or revocation varies depending on whether it was a first offense or not. For a first offense, the period of suspension is 90 days. An arrest for a second or subsequent offense results in a one year loss of license privileges.

Under the second suspension, a person under 21 can have their license suspended or revoked for any offense involving the purchase, attempted purchase or possession of an intoxicating liquor by a minor or a minor in a visibly intoxicated condition, if the juvenile was over the age of 15 at the time of the offense.

Suspension is for 30 days for a first offense, 90 days for a second offense and a year for a third or subsequent offense.

As with other alcohol related traffic offenses, for your driver’s license to be reinstated, you have to pay the required fee and completed a substance abuse program such as the Substance Abuse Traffic Offender Program, commonly known as SATOP.

Depending on your circumstances, you may be able to get a limited driving privilege for getting to and from school, for doctor visits and for work.

Here’s a link to the DMV’s FAQ about Abuse and Lose: http://dor.mo.gov/faq/drivers/abuse.php

If you’re under 21 and have been charged with an alcohol related traffic offense such as DWI / DUI or Minor in Possession call our office right away. We understand this can be a confusing and scary experience. Knowing your rights and having an experienced lawyer on your side is crucial.