FAQ: Traffic Violations

Common Traffic Violations in Missouri

At the Piatchek Law Firm, we handle traffic tickets throughout the entire state of Missouri. We hear certain questions very frequently, so we have addressed some of those questions here on our FAQ page. If you have any additional questions, do not hesitate to contact us to schedule a complimentary consultation.

Moving Violations vs. Non-Moving Violations

If you break a traffic law while the vehicle is moving, the violation is often referred to as a “moving violation”.  If the violation occurs while the car is not moving, or does not relate to the way you were driving the vehicle, it is often referred to as a “non-moving violation”.  Non-moving violations are often related to faulty equipment, parking, or other matters.

What are the Non-Moving violation in Missouri?

Examples of some Missouri non-moving violations are:

• Parking in a no-parking zone
• Excessive muffler noise
• Parking near a fire hydrant or too far from the curb
• Failure to Prove Insurance Coverage
• Failure to properly display vehicle license plates on front or back
• Possession of marijuana
• Possession of drug paraphernalia
• Minor in possession of alcohol
• Failed to register motor vehicle with Department of Revenue or sufficient gross weight
• Displayed motor vehicle plates on vehicle that belong to another person
• Transported children and/or self without the use of seat belts or approved restraint system
• Motor vehicle plates expired
• Operated vehicle with studded tires between April 1 and November 1
• Operated a vehicle with radar detector device
• Possession of altered driver’s license (not in moving vehicle)
• Failed to display a fuel license/permit
• Loud music by peace disturbance in a vehicle
• No medical certification card for Commercial Motor Vehicle (CMV) driver
• Littering from a moving vehicle
• Improper parking or illegally parking
• Supplied intoxicating liquor to person under 21 years of age
• Failed to wear a motorcycle helmet
• Open container in a parked vehicle or in possession of passenger

What are the Moving violation in Missouri?

Examples of some Missouri moving violations are:

• Speeding
• Running a Red Light
• Careless Driving
• Failure to Maintain A Single Lane
• Following to Closely
• Not Carrying Adequate Car Insurance
• No Driver’s License
• Driving with an Expired Driver’s License
• Failure to Yield Right-of-Way
• Leaving the Scene of an Accident
• Hit and Run Accidents
• Outstanding Warrants for Unpaid Traffic Tickets
• Driving with a Suspended Drivers License
• Driving Without a License
• Reckless Driving
• DUI/DWI
• Parking Violations
• No Brake Lights

Processing Traffic Tickets

When you receive a traffic ticket, the process can work differently depending on the county, city, or municipality where you got the ticket.  Often you will be notified of the date and time of your Court appearance on the ticket itself. Alternatively, on other tickets such as those received on a highway, you may only receive a Court date if you don’t pay the ticket, or may receive notification of your date at a later time if you hire an attorney.

A few traffic violations are treated as more serious than infractions and can grow to the level of a misdemeanor or felony. If the driver or other person leaves the scene  of an accident, or is charged with a DUI, or if the offense involves injury to a person or damage to a property, the consequences can be far more serious. If you have been charged with one of these more serious crimes, it is to your advantage to hire an attorney who will help to ensure that you receive all of the constitutional protections guaranteed to criminal defendants, including a jury trial if necessary.

How many points is a speeding ticket in Missouri?

Assuming if the violation is 5+ MPH than the allowed limit and if the violation is recorded under state law, three points are assessed. If the violation is recorded under municipal law, two points are assessed.

Typically, if the driver does not exceed the speed limit by more than 5 MPH, they do not get any points. However, quite frankly, we see very few tickets written for motorists going 1 to 4 MPH over the speed limit.

Each time you are found guilty of speeding, you add an additional two or three points to your driving record, depending on the violation.  Also, other moving violations besides speeding can also add points to your record.. Keep in mind that if you earn 8 points in 18 months, it would result in your license being suspended.

How can I prevent a ticket from going on my driving record?

The best way to keep a traffic ticket off of your record is to hire an attorney.  Your attorney knows the law and can often negotiate with the prosecutor to either reduce your points, reduce your charges, or keep the ticket off of your record altogether. 

Sometimes, your attorney may be able to get you a “Suspended Imposition of Sentence”, which would mean that the ticket will not go on your driving record, assuming that you do not get another ticket within a certain period of time (often 6 months or one year), which is considered a very favorable outcome.

How can I get a speeding ticket off my record in Missouri?

Generally, traffic tickets cannot be removed from your driving record in Missouri until the conviction is at least three years old, and other conditions may apply.

If the ticket in question led to the suspension or revocation of your Missouri driving privilege, then you must wait five years from the suspension or revocation reinstatement date before the ticket may be purged. Tickets for Failure to Maintain Insurance cannot be removed from your Missouri driver record. Additionally, a speeding ticket cannot be removed if it is for an existing administrative suspension or revocation, or denial action against the driver.

Please note that your best bet is to keep the ticket off of your record in the first place, usually by hiring an attorney.  To determine when and if a particular ticket may be removed from your record, you should also contact your attorney.  

Missouri state law does allow you to submit a request to have an old speeding ticket removed from your record. Include your full name and your driver license number OR social security number and use one of the below methods:

• Email your request to dlbmail@dor.mo.gov
• Call (573) 526-2407 to request removal of old ticket
• Send a written request to our central office:

Missouri Department of Revenue

301 West High Street – Room 470

PO Box 200 

Jefferson City, MO, 65105-0200

How many points does it take to lose your license in MO?

If you receive a total of 4 points in 12 months, the Missouri Department of Revenue (MODOR) will send you an advisory letter warning you of this fact. If you get a total of 8 or more points in 18 months, MODOR will suspend your driving privilege:

• Suspension 1- 30 days
• Suspension 2 – 60 days
• Suspension 3 – 90 days

MODOR will revoke your driving privilege for one year if you have a total of:

• 12 or more points in 12 months
• 18 or more points in 24 months
• 24 or more points in 36 months

If your driving privilege is reinstated following a Point Suspension or Revocation, MODOR will reduce your total points to 4.  Each year you drive without getting new points,, the points on your record will be reduced.

• Year 1 – total remaining points reduced by one-third
• Year 2 – remaining points reduced by one-half
• Year 3 – points reduced to zero

Although your points may be reduced to zero, certain convictions must remain listed permanently on your MO driver record.

Can you go to a jail for a speeding ticket in Missouri?

In many places throughout Missouri, if you are speeding very fast (over 100 MPH, for example), you may run the risk of going to jail.  

If you violate the basic speeding law, it is considered as a Class B Misdemeanor. The convicted driver can face upto 6 months in jail and fine of maximum $1,000.

If the violation falls into Class C Misdemeanor, it can carry maximum 15 days in jail and a file of $750.

Can I get a speeding ticket dismissed?

The best way to get a ticket dismissed is by hiring an attorney, who has many ways of getting you a favorable outcome. That being said, below are the 3 scenarios when your traffic ticket may get dismissed by the Court.

• The officer does not show up in the Court.

The officer who charged you with the offense may need to appear in the Court. If the officer doesn’t appear in the Court, the Court may end up dismissing your ticket.

• An error on the ticket.

Incorrect or missing information on the ticket can result in a traffic ticket getting dismissed. If the Court is convinced that the officer made a mistake on the ticket, you may get lucky.

•   Faulty equipment.

If a traffic camera, RADAR gun, or other equipment was not working properly, the Court may dismiss your traffic citation.

What happens if I just pay the ticket without consulting an attorney?

• This ticket will likely appear on your driving record.
• You will likely get points added to your license. Too many points could cause your license to be suspended, amongst other problems.
• Your insurance company will likely raise your car insurance rates a significant amount, typically for a period of three years.

What are the possible benefits of hiring an attorney?

• We may be able to keep your ticket and/or the points associated with the ticket off of your record.
• Your insurance costs may stay the same.
• If you can’t make it to court because you are employed, from out of town, or any other reason, we can appear for you.

What is the FCC?

The FCC is the Missouri “Fine Collections Center.” The FCC is usually involved when you receive a speeding ticket or traffic citation on a Missouri highway. The FCC works with Missouri counties to set hearings, collect payments, etc. If your traffic ticket says “FCC,” you likely recieved the ticket on a highway.

What are the possible outcomes if I hire an attorney?

While we cannot guarantee any specific outcome with your case, here are some common conclusions:

• No Points: The violation is downgraded to a “no-points violation,” which means no points will be added to your driving record.
• Reduced Points: We can reduce the amount of points that will appear on your driving record.
• SIS (Suspended Imposition of Sentence). You are essentially given a probationary period. If you receive no further violations during the probationary period, your ticket never “materializes,” and no sentence or punishment is imposed. Essentially, if you keep your nose clean, it is as if the violation never happened. It will never appear on your driving record. However, if you do get a ticket during the probationary period, you will have two tickets!
• SES (Suspended Execution of Sentence). This is very different from the SIS described immediately above. In this procedure, if you actually plead guilty to the charge, no sentence or punishment is imposed as long as you comply with the terms of your probation.
• Defective Equipment: This is a category that describes many different types of scenarios. Typically you will pay an enhanced fine, and the prosecutor or court will stipulate that there is some sort of defect in the equipment.
• Dismissal: Your case is dismissed outright.

Of course, other outcomes are possible as well, such as pleading no contest (essentially pleading guilty for sentencing purposes, without admitting guilt), an Alford plea (admitting the state probably has enough evidence to find you guilty, without actually pleading guilty or admitting guilt), or having a trial and asking a judge to render a judgment (recognizing that the judge may render a guilty verdict).

Contact Us Today

We help clients keep their driving records clean and their insurance rates low. If you have any questions or would like to discuss your speeding ticket or moving citation with us, please call our offices any time at 417-882-5858.