Traffic citations are the first contact many people have with the criminal justice system. The final disposition of a traffic citation can affect a driver's driving privilege and wallet (eg. increased insurance premiums) for several years.
Losing your driving privilege
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In Missouri, the director of revenue has put into effect a point system for the suspension and revocation of licenses. Points are assessed only after a conviction or forfeiture of collateral.
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The director will suspend from thirty to ninety days the license and driving privileges of any person whose driving record shows the driver has accumulated eight points in eighteen months.
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The director will revoke for one year the license and driving privilege of any person when the person's driving record shows such person has accumulated twelve points in twelve months or eighteen points in twenty-four months or twenty-four points in thirty-six months.
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Missouri's Point Assessment
In Missouri, points are assessed as follows:
1)
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Any moving violation of a state law or county or municipal or federal traffic ordinance or regulation not listed below, other than a violation of vehicle equipment provisions or a court-ordered supervision as provided under state law
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2 points
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(except any violation of municipal stop sign ordinance where no accident is involved)
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1 point
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2) Speeding
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In violation of a state law
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3 points
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In violation of a county or municipal ordinance
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2 points
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3)
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Leaving the scene of an accident in violation of state law
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12 points
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In violation of any county or municipal ordinance
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6 points
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4)
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Careless and imprudent driving in violation of state law
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4 points
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In violation of a county or municipal ordinance
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2 points
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5) Operating without a valid license in violation of state law
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a. For the first conviction
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2 points
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b. For the second conviction
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4 points
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c. For the third conviction
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6 points
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6)
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Operating with a suspended or revoked license prior to restoration of operating privileges
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12 points
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7)
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Obtaining a license by misrepresentation
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12 points
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8)
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For the first conviction of driving while in an intoxicated condition or under the influence of controlled substances or drugs
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8 points
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9)
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For the second or subsequent conviction of any of the following offenses however combined: driving while in an intoxicated condition, driving under the influence of controlled substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent or more by weight
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12 points
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10) For the first conviction for driving with blood alcohol content eight-hundredths of one percent or more by weight
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In violation of state law
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8 points
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In violation of a county or municipal ordinance or federal law or regulation
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8 points
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11)
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Any felony involving the use of a motor vehicle
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12 points
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12)
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Knowingly permitting unlicensed operator to operate a motor vehicle
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4 points
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13)
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For a conviction for failure to maintain financial responsibility pursuant to county or municipal ordinance or pursuant to state law
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4 points
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Increased Insurance Premiums
Insurance companies are businesses accountable to their shareholders. Any increase in automobile accident claims they pay out reduces the companies' profits and dividends to its shareholders. Insurance companies assume that drivers convicted of moving violations are more likely to be involved in vehicular accidents. Drivers that have moving violation convictions are seen as a risk to insure and are charged higher premiums. If charged with a moving violation, it may be in the driver's benefit to keep the conviction from his/her driving record not only because of the assessment of points but the risk of increased insurance premiums.
Reducing Points and Avoiding Driving Record Convictions
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Driver's license points can be prevented or reduces in one of three ways:
- having the charge dismissed by the prosecutor,
- contesting the charge and being found not guilty in a trial, or
- being convicted of a less serious offense.
The prosecutor can dismiss the moving violation offense if there is a flaw in the charge. The judge can dismiss the moving violation after a trial if there is not sufficient evidence to sustain a conviction.
Even though, there is no flaw in the charge and sufficient evidence to sustain a conviction, an attorney may be able to negotiate a plea with the prosecutor to reduce the moving violation to a less serious offense or dismissal. In some cases, moving violation (including but not limited to: speeding, stop sign, stop light, turning violations, driving while suspended or revoked, driving while intoxicated and driving under the influence) can be kept off your driving record.
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By keeping the moving violation from your driver's record, there is no point assessment by the director which can lead to a suspension or revocation of your driving privilege. Additionally, there is no record of a moving violation conviction when your insurance company obtains your driver's record. If your driving record lists no convictions, there is no basis for the insurance company to increase your premium.
If the general information provided above is insufficient for you and you would like to set an appointment to discuss your specific legal issues, print and complete the questionnaire below (requires Adobe Acrobat Reader) provide as much detail as possible to the questions and bring the completed questionnaire to your appointment.
Questionnaire Link
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