Traffic Tickets

The “rules of the road” can be complicated enough on their own, but if you get a traffic ticket while driving, things get even more stressful. It certainly helps to be as cautious as possible when getting behind the wheel, but the best way to avoid traffic tickets is to know the law so you can be confident you won’t violate it. 

The following guide will help you get a head start in that regard by explaining the basics of traffic tickets in Missouri, exploring a few of the most common types, and going over your options for how to respond to any tickets you receive. 

Missouri Traffic Ticket Overview

A traffic ticket, or citation, is a legal document issued by police and law enforcement to those who break the traffic laws of that area. They record the driver’s violation and the possible consequences of the offense, such as fines. 

In Missouri, traffic laws also implement a point system, wherein a driver’s record accumulates points for each infraction. If too many points are added in a certain timeframe, additional punishments (e.g., a suspended license) are enforced. On the other hand, if a driver goes for an extended period without receiving a traffic ticket, the points on their license will begin to be removed. 

The amount of points received for a single instance can also vary based on which type of law enforcement (i.e., state troopers, county sheriff deputies, or local police) writes the ticket. Suspensions can similarly range from 30 days to a full year depending on the situation, and points are typically removed over three years.

Common Missouri Traffic Tickets

While there’s no official designation, most traffic tickets in Missouri fall into one of two categories: moving violations and non-moving violations. Moving violations, as you might guess, usually occur when a vehicle is being driven and pertain to how they’re being operated. Non-moving violations are generally the opposite and center around the characteristics of the vehicle itself, such as its registration, condition, or insurance. 

Speeding

While a speeding ticket may sound simple in theory, Missouri goes into great detail when describing the different speed limits for the different types of roadways across the state. Revised Missouri Statute (RSMo) 304.010 explains these different limits:

*An “urban area” is defined as an area with a population of at least 50,000 people at a density of at least 1,000 people per square mile.

This statute goes on to explain how individual towns, cities, and counties can set local speed limits for their areas, but that those limits must be designed to expedite the flow of traffic. The state can choose to void any local speed limit that isn’t designed for that purpose or was designed with the intent to earn revenue for that jurisdiction.

Finally, this statute states, “Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.” In Missouri, a class C misdemeanor can include up to a $750 fine and 30 days or less in jail. Class B misdemeanors instead go up to a $1,000 fine and 30 days to six months in jail. 

The one exception to this law is if a person violates the speed limit by no more than five miles per hour, in which case RSMo §304.009 deems the violation to be an infraction, which includes a fine of up to $400. 

Driving Without a License

Driving a vehicle without a driver’s license violates RSMo §302.020, which says it’s unlawful for someone to:

(1)  Operate any vehicle upon any highway in this state unless the person has a valid license;

(2)  Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the [state];

(3)  Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person’s control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

(4)  Operate a motor vehicle with an instruction permit or license issued to another person.

The punishments for violating these regulations get increasingly strict if someone has received a traffic ticket for that same offense in the past. 

Careless and Impudent Driving

RSMo §304.012 is somewhat vague in that it merely requires all drivers in Missouri to: “…drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.” Because of that phrasing, traffic tickets under this statute are for violations due to “careless and impudent driving,” which is an equally broad description as the wording of the statute itself. Therefore, this type of violation can include anything from cutting people off to tailgating, so long as the act endangers the property, life, or limb of another person.  

Punishments for violating this law are based on whether or not the act caused an accident. If it didn’t, the driver is given a class B misdemeanor, which can include up to a $1,000 fine and 30 days to six months in jail. If an accident did occur, the violation is instead a class A misdemeanor, which comes with up to a $2,000 fine and six months or more in jail. 

Leaving the Scene of an Accident

When an accident occurs, it is illegal for those involved to leave without providing some information to either the other driver(s) or law enforcement officers. Under RSMo §577.060, someone commits this violation when they:

(1) [Are] the operator of a vehicle or a vessel involved in an accident resulting in injury or death or damage to property of another person; and

(2) Having knowledge of such accident he or she leaves the place of the injury, damage or accident without stopping and giving the following information to the other party or to a law enforcement officer, or if no law enforcement officer is in the vicinity, then to the nearest law enforcement agency:

• • His or her name;

• • His or her residence, including city and street number

• • The registration or license number for his or her vehicle or vessel; and

• • His or her [driver’s] license number, if any

A traffic ticket for leaving the scene of an accident is usually deemed a class A misdemeanor (up to $2,000 fine and at least six months in jail), but it can be escalated to a class E felony (Up to $10,000 fine and no more than four years in jail) if any of the following happened:

• The other driver was injured
• Property was damaged in excess of $1,000
• You’ve previously been found guilty of this same offense in Missouri

If the accident resulted in someone’s death, then a ticket for leaving the scene is a class D felony (up to a $10,000 fine and four to ten years in jail).

Failure to Obey Stop or Yield Signs

RSMo §300.270 requires all drivers to observe and obey yield and stop signs by coming to a complete stop at or before any corresponding markers or crosswalks:

(1) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. 

(2) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering theintersection.

304.271, on the other hand, requires all drivers to observe and obey all other traffic control devices:

(1) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of the law, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the law.

(2) No provision of the law for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

According to RSMo §300.010, traffic control devices can include, “…all signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.”

These statutes don’t give corresponding traffic tickets a specific classification (i.e., misdemeanor or felony), but the punishment for failing to comply with these laws includes a fine from $5 – $500 and up to one year in jail. 

Failure to Yield to Other Drivers

Failing to yield to drivers or pedestrians with the right of way is covered in RSMo §304.351. This statute describes several scenarios in which a driver should yield to another vehicle that has the right of way:

(1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

(2) When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.  This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.

(3) The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. 

(4) The state highways and transportation commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:

• • Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk
    on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
  • The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection. 

(5) The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

(6) The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

A traffic ticket for violating these requirements is usually deemed a class C misdemeanor (up to a $750 fine and no more than 30 days in jail) unless someone was injured, seriously injured, or died. In such instances, there can be an additional fine of up to $1,000 and the driver’s license may be suspended for up to six months. 

How to Handle a Traffic Ticket

The one thing a driver can’t do after they’ve received a traffic ticket is ignore it. You have to respond to the ticket by either pleading guilty and accepting the punishments or not guilty and appearing in court to refute the citation. If you don’t, the court can suspend your license and issue a warrant for your arrest. 

Traffic Ticket Search

First, a driver with a traffic ticket should try to locate the case number assigned to that ticket. In Missouri, you can visit Case.net and use the traffic ticket lookup tool to find your information. 

Pay Traffic Ticket Online

After you look up a traffic ticket, you need to decide if you want to plead guilty and pay the fines or go to court to defend your case. Those who prefer to simply pay their fines can do so either online, by mail, or in person. If you try to defend your case in court and lose, you can still pay the traffic ticket online.

Find a Traffic Ticket Lawyer

If you instead choose to refute the traffic ticket in court, or the circumstances of your situation are more severe, hiring a traffic ticket lawyer near you is highly recommended. An experienced traffic attorney will be able to thoroughly review your case, determine the best defense for you to pursue, and advise you on how to best protect your rights.

Conclusion

Missouri traffic tickets are serious business and can come with extremely costly fines and/or extended time in jail. The best way to avoid receiving a traffic ticket is to understand those laws so you can be sure you’re always on the right side of them. If, however, you find yourself in the unfortunate situation of having one, it’s never a bad idea to consult with an experienced traffic ticket lawyer. Their familiarity with the law, traffic tickets, and how to handle them can be invaluable for resolving your case.