Frequently Asked Questions.

Does it matter if I've "fixed" a ticket before?

"Fixing" a ticket usually means that your attorney was able to have your ticket reduced to a non-point, non-moving violation.  That means that points were not assessed and the ticket does not show up on your driving record.  Usually, this means that any new tickets will be dealt with as if you had never received the prior ticket.  However, if you had a previous ticket reduced within the last three years and you received a new ticket in the same jurisdiction (i.e., both tickets were issued by the City of Columbia), often the prosecutor will not be amenable to reducing the new ticket.

Back to top

How many speeding tickets can I get before my record is affected?

All convictions for any ticket of 6+ mph over the speed limit will go on your driving record.  In addition points will be assessed against your license--3 points for state tickets (issued by either the county sheriff or the highway patrol) and 2 points for municipal tickets (issued by the city police department).  If you accumulate 8 points in 18 months, your license will be suspended for a minimum of 30 days. For information on how many points are assessed for certain moving violations see Point System Violation Description Table  and Chapter 11 of the Missouri Driver's Guide from the Department of Revenue website.

Back to top

How many speeding tickets can I get before I lose my license?

Convictions on state tickets (issued by the county sheriff or the highway patrol) are assessed 3 points and municipal tickets (issued by the city police department) are assessed 2 points.  If you accumulate 8 points in 18 months, your license will be suspended for at least 30 days.  For more information see Point & Suspensions from the Missouri Driver's Guide.

Back to top

I got a red light ticket from those cameras, is there anything I can do?

At this time, a red light ticket from a camera will not cause points to be assessed, nor will it go on your driving record.  Unless you are happy to pay an attorney to argue your case for you, it is usually cheapest to simply pay these tickets.

Back to top

I got another DWI, will I lose my license?

Whether it's your first or fifth DWI, you will lose your license if the Department of Revenue (DOR) determines that your blood alcohol level exceeded .08 or you were intoxicated while driving.  The length of the suspension depends on the time between your first and second DWI, but you should expect a suspension of at least one year for a second offense DWI. 

To avoid this suspension, you must request an Administrative Hearing with the DOR.  At that hearing, your attorney would challenge the suspension based on the argument that your Fourth Amendment right to be free from unreasonable searches and seizures has been violated.  To request an administrative hearing, fill out the bottom part of the temporary license you were given in exchange for your actual driver's license and send it to the DOR at the address on the form.  YOU MUST DO THIS WITHIN 15 DAYS OF THE DATE YOU WERE STOPPED!

Be aware that even if you ultimately are acquitted of DWI in your criminal case, if you have lost your administrative hearing before the DOR, your license will still be suspended if the administrative hearing took place prior to your criminal court trial.

Back to top

I ran a red light. Should I just pay the ticket?

No! This is a 2-point ticket if it is a state violation or if you had an accident and a city officer issued the ticket.  If there was no accident involved and the ticket was issued by the city it is a 1-point violation.  If you have a clean driving record for the last three years, these points can usually be avoided.

Back to top

I recently got a parking ticket, is there anything you can do?

Unless the ticket was issued in error, i.e. you put money in the meter and it didn't give you any time, there is nothing to do about this ticket but pay it.  Don't worry, though.  This is not a moving violation and will have no effect on your driving record or your insurance rates. 

However, do pay these tickets or make sure that you take up  any disputes with the city in a timely manner, because if you accumulate multiple unpaid parking tickets your vehicle is subject to towing.  If your car is towed, you will owe for the towing charge and storage costs in addition to the fines and penalties owed to the city.

Back to top

I refused to take the breath test. What will happen?

If you refuse to take a breath test, the Missouri DOR can suspend your Missouri license for a year.  Missouri has an implied consent law--that means, as long as you are driving on the Missouri roads and you have been arrested for DWI you impliedly consent to lab testing for BAC.

If you refused to take the breath test, you may or may not have subsequently been asked to submit to blood testing.  Your blood may have been drawn without your consent. The only way to fight the 1-year suspension is on the grounds that your Fourth Amendment Rights to be free from unreasonable searches and seizures were violated.

Back to top

I'm over 21, why should I worry about "Abuse & Lose"?

The Missouri "Abuse & Lose" statutes, Sections 577.500 and 577.505, require the suspension of your driving privilege if you are under 21 and either in possession of alcohol or have a BAC of over .02% while driving. 

What many people don't know is that Section 577.505 requires the same suspension if you are over 21 and in possession of a controlled substance.  You will be required to do SATOP in order to have your license reinstated.  Fortunately, it does not require you to carry an SR-22 for two years.

Back to top

My friends and I got MIPs last weekend, what should we do?

Hire a lawyer! Being charged with an MIP or underage drinking can have serious consequences to your driving privilege if you received this ticket while driving a car.  Missouri has an "Abuse and Lose" law.  That means, you may suffer all the consequences to your driving privilege as if you had a DWI.  Often, these tickets can be amended so that there is no consequence to your driving privilege.

Back to top

This is my first DWI, will this go on my permanent record?

Yes, with very few exceptions.  A conviction for DWI will appear on both your driving record as well as your criminal record.  In Missouri, first and second offense DWIs are class A misdemeanors. 

Most courts in Missouri will no longer give a suspended imposition of sentence (SIS), where no conviction goes on your record so long as you comply with the conditions of your probation.  Even if you were granted an SIS in your criminal DWI case, it will still show up as an administrative alcohol offense on your driving record. Your driving privilege will still be suspended, and you will still need to complete any required programs and pay a reinstatement fee in order to get your license back.  In addition, you will need to carry an SR-22 (a high-risk insurance policy) for two years.

Back to top

What are "points"?

Missouri uses a point system for moving violations.  Every time you are convicted of a moving violation, the Department of Revenue (DOR) assesses points against your license.  If you accumulate 8 points in 18 months, your license will be suspended for at least 30 days.  Follow these links for information on points and suspension rules in Missouri.

Back to top

What is "Abuse and Lose"?

Missouri's "Abuse and Lose" statute applies when you are a minor and you are stopped in your car while you are in possession of alcohol or have a blood alcohol content (BAC) of over .02.  Lawyers call both of these situations MIP.  It also applies to anyone who is charged with misdemeanor possession of marijuana (regardless of age and regardless if there was a vehicle involved).  

If you are convicted of either MIP while driving, or convicted of misdemeanor possession of marijuana, you will lose your license for 30 days, followed by a 60-day limited driving privilege.  In order to get your license fully reinstated after 90 days, you will need to complete an alcohol education program and pay a reinstatement fee.  You are not required to carry an SR-22.

Back to top

Why does it matter if I was going more than 20 mph over the speed limit?

I most jurisdictions 20+ over the limit will affect the final outcome of your case.  Often, the city or county prosecutor will not amend your ticket to a non-point, non-moving violation.  If the court allows the ticket to be amended (usually only where you have a clean driving record for at least 3 years), you may have to do some community service or complete a defensive driving program in addition to paying a hefty fine.

Back to top

Will running a red light, or other non-speeding violations put points on my license?

Yes! Most moving violations, whether state or municipal are assessed 2 points.  With any moving violation, you should consult with an attorney to determine if points can be avoided.  Here is a link to the points schedule for most moving violations.

Back to top