The Kiernan Law Firm - Legal Disclaimer

1. How will I know that I am in danger of losing my driver’s license for excessive points on my license?

Pursuant to RSMo. Section 302.304.1, the Missouri Department of Revenue must notify any driver when he has accumulated four or more points on his record within a twelve month period.

2. For an ordinary traffic ticket (not a DWI) what date are the points placed on my driving record?

Pursuant to RSMo. Section 302.304.2, points and an action to suspend or revoke a person’s driver’s license are accumulated on the date of the conviction for the driving offense.

3. Why should I avoid having points assessed on my driver’s license? As I understand it, I can get up to twelve points before my license is suspended.

While some people may think it is more convenient to take care of tickets by simply pleading guilty and paying the fines rather than hiring an attorney, this is very dangerous misconception for two reasons. First, contrary to popular belief, a driver in Missouri will have their license suspended if they accumulate eight points within an eighteen month period. See RSMo. Section 302.304.3. Therefore, pleading guilty to a couple of Speeding tickets along with a No Proof of Insurance ticket within a year can result in your driver’s license being suspended. Second, a traffic ticket on your license may result in your insurance rates going up. It is best to consult your insurance agent for the exact impact that a ticket will have on your insurance rates. However, it is not uncommon for insurance rates to be increased by hundreds, if not thousands of dollars per year due to a poor driving history. Thus, though you may save yourself some time by pleading guilty and not having an attorney handle your ticket, you need to be careful to not be penny wise, but dollar foolish. A steep financial price can be paid for trying to handle traffic tickets without an attorney's help.

4. How many points will be assessed to my license if I plead guilty to a speeding ticket?

According to RSMo Section 302.302.1(2), a Speeding ticket in violation of state law will result in three points being assessed to a Missouri Driver’s Record, while a Speeding ticket in violation of a county or municipal ordinance results in the assessment of two points.

5. How many points are assessed for a Failure to Show Proof of Insurance Ticket?

For a conviction for Failure to Maintain Financial Responsibility pursuant to a county ordinance, pursuant to a municipal ordinance or pursuant to Missouri state law, RSMo Section 302.302.1(13) provides that the state will assess four points to a driver’s record.

6. How long will my license be suspended for if I get my driver’s license suspended as a result of points?

In the case of an initial suspension, a person’s driver’s license will be suspended for thirty days after the effective date of the suspension. For a second suspension, a person’s Missouri driver’s license will be suspended for sixty days after the effective date of the suspension. For a third or subsequent suspension, a person’s Missouri driver’s license will be suspended for ninety days after the effective date of the suspension. In addition, unless proof of Financial Responsibility (i.e. insurance) is filed with the Missouri Department of Revenue after the suspension period is over, a suspension of a person’s driver’s license will continue in effect for two years from the effective date.

7. How much will it cost to have your law firm handle my ticket?

This depends upon the number of tickets that a person has received and the person's prior driving history. If a driver has a good driving record and is only charged with one simple moving violation or speeding ticket, this can be handled for an attorney’s fee of around $75.00, not including fine and court costs. In these cases, fines and court costs are usually between $100.00 and $250.00. However, if a person has multiple tickets or a bad driver’s history (resulting in making it more difficult to obtain a desirable plea bargain) the attorney’s fees and fines and court costs will be much more. Our firm offers an initial free telephone consultation, which can give you a better idea of the total costs you may be facing.

8. Can I save money by just handling this myself?

While some people can represent themselves and achieve satisfactory results, unless a person is familiar with the rules of evidence and courtroom procedure, an attorney will probably achieve a more desirable result. Some prosecutors, when they see that an attorney is involved, will offer a more favorable plea bargain to the person being represented by an attorney because they know the attorney can object to the evidence that the prosecution will present and make the prosecutor’s job more time consuming. Therefore, to avoid this hassle, some prosecutors will give a person represented by an attorney a better plea bargain with less of a consequence to that person’s driver’s license.

9. I did commit the offense and because I am guilty of it, shouldn’t I plead guilty? Is it fair to hire an attorney to get me out of this ticket when I did what the police officer charged me with?

While that might be a humble and good impulse, having an attorney handle a traffic ticket does not mean that a person will be getting off without any consequences. Essentially what happens is that the attorney negotiates either a dismissal or pleading to a lesser charge so that the points are not assessed to a person’s driving record. In exchange, a prosecutor will increase the posted fine and costs higher than they might otherwise assess. The person with the traffic tickets get the charge reduced and also gets “punished” because A) they are still pleading guilty to committing some offense and B) they are paying out more money in the form of higher fines & costs.

10. How many points are assessed in Missouri for a conviction of Driving While Intoxicated?

The number of points that are assessed for an alcohol related offense depends upon what charges are plead guilty to and the number DWI convictions a driver already has on his driving record. For the first conviction of Driving With a Blood Alcohol Content Greater Than 0.08 (more commonly known as a BAC) in violation of county, municipal, state or federal law results in the imposition of eight points on a persons driving record. For the first conviction of Driving While in an Intoxicated Condition or Under the Influence of Controlled Substances or Drugs, (more commonly known as DUI or DWI) results in the assessment of eight points on a person’s driving record. A second or subsequent conviction for Driving While Intoxicated, Driving Under the Influence of Controlled Substances or Drugs or Driving With a Blood Alcohol Content of 0.08 will result in the assessment of twelve points on a Missouri driver’s record.

11. Can you keep a DWI off of my driving record?

Whether or not a driver has a good defense against a BAC, DUI or DWI Charge, it depends upon the facts of any given case. Sometimes good plea bargains can be negotiated if the facts favor the driver. However, if a prosecutor and police officer have a strong set of facts on their side, their most likely be some form of punishment that will result in a conviction for a BAC, DUI or DWI. You need to consult with an attorney and review all of the relevant facts with him or her before you can get an idea as to whether or not a DWI can be kept off your record.

12. If I am pulled over for Driving While Intoxicated, should I blow into the breathalyzer or not?

The answer to this question depends upon which jurisdiction you’re in and which attorney you talk to (Note: As an aside, you should be aware that many police departments and jurisdictions abide by Missouri’s “Twenty Minute Rule” in which they will allow a driver, before administering a breathalyzer test, to consult with an attorney. Thus, if you have a number for an attorney handy, you might be able to get advice on this issue before you have to take a breath test). Generally speaking, an element that a prosecutor must prove beyond a reasonable doubt in a DWI case is that the person’s blood alcohol content was greater than or equal to 0.08 at the time that they were driving. Therefore, it would make sense that by refusing to take a breathalyzer test a person would deprive the prosecutor of a key piece of evidence. However, refusing to take a breath test can result in negative consequences for a person’s driver’s license and the person may still end up being charged with DWI. Refusal to take a chemical test will result in an automatic Administrative Suspension of a person’s license for a minimum of thirty days. In addition, a prosecutor is allowed to prove that a person was intoxicated without breathalyzer results by having the police officer testify to the results of field sobriety tests (Examples include the walk-and-turn test, the alphabet test, etc.) and his or her own observations of the driver at the time they were pulled over. Even with these potentially negative consequences, a refusal to take a breath test can be dealt with appropriately by an attorney. Missouri law allows a person to file a Petition For Review in the local county circuit level court to prevent the Administrative Suspension of a person’s license from taking effect. In addition, an attorney may be able to talk a prosecutor out of or into dismissing a DWI charge because of the lack of the breath test. The decision whether or not to take or refuse a breathalyzer test is a complicated one and a person should if possible try to speak with an attorney before taking a breath test.