Missouri Traffic Law
CARELESS AND IMPRUDENT DRIVING – TRAFFIC STATUTE
Section 304.012 Motorists to exercise highest degree of care
Citation: MO Rev Stat § 304.012 (2018)
- Every person operating a motor vehicle on the roads and highways of this state shall 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.
- Any person who violates the provisions of this section is guilty of a class B misdemeanor, unless an accident is involved then it shall be a class A misdemeanor.
PENALTY OF CONVICTION
As stated in the statute above, careless and imprudent driving convictions are a class B misdemeanor — unless there is an accident involved, in which case it is increased to a class A misdemeanor. A class B misdemeanor can result in up to six months of jail time and $1000 in fines, while a class A misdemeanor is up to a year in jail with a maximum fine of $2000. When combined with court fees and the potential points on your license, it’s easy to understand why an experienced legal team is so important. Trust MRD Lawyers to represent your best interests and on your day in court.
In Missouri, it is required by law to display a license plate on both the front and back of any motor vehicle up to a certain size. Trailers, motorcycles, motor tricycles, and auto cycle must display a plate on the rear of the vehicle. Failure to properly display your license plates can result in significant fines. Learn more with MRD Lawyers.
FAILURE TO DISPLAY PLATES – TRAFFIC VIOLATION STATUTE
301.130. License plates, required slogan and information — special plates — plates, how displayed — tabs to be used — rulemaking authority, procedure.
Citation: MO Rev Stat § 301.130 (2018)
- The director of revenue, upon receipt of a proper application for registration, required fees and any other information which may be required by law, shall issue to the applicant a certificate of registration in such manner and form as the director of revenue may prescribe and a set of license plates, or other evidence of registration, as provided by this section. Each set of license plates shall bear the name or abbreviated name of this state, the words “SHOW-ME STATE”, the month and year in which the registration shall expire, and an arrangement of numbers or letters, or both, as shall be assigned from year to year by the director of revenue. The plates shall also contain fully reflective material with a common color scheme and design for each type of license plate issued pursuant to this chapter. The plates shall be clearly visible at night, and shall be aesthetically attractive. Special plates for qualified disabled veterans will have the “DISABLED VETERAN” wording on the license plates in preference to the words “SHOW-ME STATE” and special plates for members of the National Guard will have the “NATIONAL GUARD” wording in preference to the words “SHOW-ME STATE”.
- The arrangement of letters and numbers of license plates shall be uniform throughout each classification of registration. The director may provide for the arrangement of the numbers in groups or otherwise, and for other distinguishing marks on the plates.
- All property-carrying commercial motor vehicles to be registered at a gross weight in excess of twelve thousand pounds, all passenger-carrying commercial motor vehicles, local transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, autocycles, motorscooters, and driveaway vehicles shall be registered with the director of revenue as provided for in subsection 3 of section 301.030, or with the state highways and transportation commission as otherwise provided in this chapter, but only one license plate shall be issued for each such vehicle, except as provided in this subsection. The applicant for registration of any property-carrying commercial vehicle registered at a gross weight in excess of twelve thousand pounds may request and be issued two license plates for such vehicle, and if such plates are issued, the director of revenue shall provide for distinguishing marks on the plates indicating one plate is for the front and the other is for the rear of such vehicle. The director may assess and collect an additional charge from the applicant in an amount not to exceed the fee prescribed for personalized license plates in subsection 1 of section 301.144.
- The plates issued to manufacturers and dealers shall bear the letters and numbers as prescribed by section 301.560, and the director may place upon the plates other letters or marks to distinguish commercial motor vehicles and trailers and other types of motor vehicles.
- No motor vehicle or trailer shall be operated on any highway of this state unless it shall have displayed thereon the license plate or set of license plates issued by the director of revenue or the state highways and transportation commission and authorized by section 301.140. Each such plate shall be securely fastened to the motor vehicle or trailer in a manner so that all parts thereof shall be plainly visible and reasonably clean so that the reflective qualities thereof are not impaired. Each such plate may be encased in a transparent cover so long as the plate is plainly visible and its reflective qualities are not impaired. License plates shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up. The license plates on trailers, motorcycles, motortricycles, autocycles, and motorscooters shall be displayed on the rear of such vehicles either horizontally or vertically, with the letters and numbers plainly visible. The license plate on buses, other than school buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve thousand pounds shall be displayed on the front of such vehicles not less than eight nor more than forty-eight inches above the ground, with the letters and numbers thereon right side up or if two plates are issued for the vehicle pursuant to subsection 3 of this section, displayed in the same manner on the front and rear of such vehicles. The license plate or plates authorized by section 301.140, when properly attached, shall be prima facie evidence that the required fees have been paid.
- (1) The director of revenue shall issue annually or biennially a tab or set of tabs as provided by law as evidence of the annual payment of registration fees and the current registration of a vehicle in lieu of the set of plates. Beginning January 1, 2010, the director may prescribe any additional information recorded on the tab or tabs to ensure that the tab or tabs positively correlate with the license plate or plates issued by the department of revenue for such vehicle. Such tabs shall be produced in each license bureau office.
(2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display such tab or tabs in the designated area of the license plate, no more than one per plate.
(3) A tab or set of tabs issued by the director of revenue when attached to a vehicle in the prescribed manner shall be prima facie evidence that the registration fee for such vehicle has been paid.
(4) Except as otherwise provided in this section, the director of revenue shall issue plates for a period of at least six years.
(5) For those commercial motor vehicles and trailers registered pursuant to section 301.041, the plate issued by the highways and transportation commission shall be a permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section shall relieve the owner of any vehicle permanently registered pursuant to this section from the obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring license plate shall be returned to the highways and transportation commission upon the sale or disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is issued, or the plate may be transferred to a replacement commercial motor vehicle when the owner files a supplemental application with the Missouri highways and transportation commission for the registration of such replacement commercial motor vehicle. Upon payment of the annual registration fee, the highways and transportation commission shall issue a certificate of registration or other suitable evidence of payment of the annual fee, and such evidence of payment shall be carried at all times in the vehicle for which it is issued.
(6) Upon the sale or disposal of any vehicle permanently registered under this section, or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued for such vehicle shall be returned to the highways and transportation commission and shall not be valid for operation of such vehicle, or the plate may be transferred to a replacement vehicle when the owner files a supplemental application with the Missouri highways and transportation commission for the registration of such replacement vehicle. If a vehicle which is permanently registered under this section is sold, wrecked or otherwise disposed of, or the lease terminated, the registrant shall be given credit for any unused portion of the annual registration fee when the vehicle is replaced by the purchase or lease of another vehicle during the registration year.
- The director of revenue and the highways and transportation commission may prescribe rules and regulations for the effective administration of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
- Notwithstanding the provisions of any other law to the contrary, owners of motor vehicles other than apportioned motor vehicles or commercial motor vehicles licensed in excess of twenty-four thousand pounds gross weight may apply for special personalized license plates. Vehicles licensed for twenty-four thousand pounds that display special personalized license plates shall be subject to the provisions of subsections 1 and 2 of section 301.030. On and after August 28, 2016, owners of motor vehicles, other than apportioned motor vehicles or commercial motor vehicles licensed in excess of twenty-four thousand pounds gross weight, may apply for any preexisting or hereafter statutorily created special personalized license plates.
- No later than January 1, 2019, the director of revenue shall commence the reissuance of new license plates of such design as approved by the advisory committee under section 301.125 consistent with the terms, conditions, and provisions of section 301.125 and this chapter. Except as otherwise provided in this section, in addition to all other fees required by law, applicants for registration of vehicles with license plates that expire during the period of reissuance, applicants for registration of trailers or semitrailers with license plates that expire during the period of reissuance and applicants for registration of vehicles that are to be issued new license plates during the period of reissuance shall pay the cost of the plates required by this subsection. The additional cost prescribed in this subsection shall not be charged to persons receiving special license plates issued under section 301.073 or 301.443. Historic motor vehicle license plates registered pursuant to section 301.131 and specialized license plates are exempt from the provisions of this subsection. Except for new, replacement, and transfer applications, permanent nonexpiring license plates issued to commercial motor vehicles and trailers registered under section 301.041 are exempt from the provisions of this subsection.
PENALTY OF CONVICTION
Any person who is convicted of failure to display their license plate, for which no specific punishment is provided, shall be guilty of an infraction punishable by a fine of not less than five dollars or more than five hundred dollars.
If you are facing a traffic charge, it is important to trust an experienced defense team to keep your driving record clean. MRD Lawyers are well-versed in traffic law, and we can ensure your rightful defense.
Many people don’t even know that it’s illegal to drive in the left lane without promptly returning to the right side of the road. Worst of all, a conviction results in a misdemeanor and can cost you points on your license. This isn’t like a simple parking ticket. Learn more with MRD Lawyers.
FAILURE TO DRIVE ON THE RIGHT OF THE ROAD – TRAFFIC VIOLATION STATUTE
304.015. Drive on right of highway — traffic lanes — signs — violations, penalties.
Citation: MO Rev Stat § 304.015 (2018)
- All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets of municipalities where vehicles are obliged to move in one direction only or parking of motor vehicles is regulated by ordinance.
- Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction pursuant to the rules governing such movement;
(2) When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of sections 304.014 to 304.025 or traffic regulations thereunder or of municipalities;
(3) When the right half of a roadway is closed to traffic while under construction or repair;
(4) Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.
- It is unlawful to drive any vehicle upon any highway or road which has been divided into two or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semicircular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the state highways and transportation commission or the department of transportation. The provisions of this subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the commission or the department.
- The authorities in charge of any highway or the state highway patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway, and all members of the Missouri highway patrol and other peace officers may direct traffic in conformance with such signs. When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs.
- Whenever any roadway has been divided into three or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;
(2) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation;
(3) Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in sections 304.014 to 304.025;
(4) Official signs may be erected by the highways and transportation commission or the highway patrol may place temporary signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;
(5) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half of the main traveled portion of the roadway whenever possible.
- All vehicles in motion upon a highway having two or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.
- All trucks registered for a gross weight of more than forty-eight thousand pounds shall not be driven in the far left-hand lane upon all interstate highways, freeways, or expressways within urbanized areas of the state having three or more lanes of traffic proceeding in the same direction. This restriction shall not apply when:
(1) It is necessary for the operator of the truck to follow traffic control devices that direct use of a lane other than the right lane; or
(2) The right half of a roadway is closed to traffic while under construction or repair.
- As used in subsection 7 of this section, “truck” means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term “truck” also includes a commercial motor vehicle as defined in section 301.010.
- Violation of this section shall be deemed a class C misdemeanor unless such violation causes an immediate threat of an accident, in which case such violation shall be deemed a class B misdemeanor, or unless an accident results from such violation, in which case such violation shall be deemed a class A misdemeanor.
PENALTY OF CONVICTION
As noted above, a conviction for failure to drive on the right side of the road is a baseline class C misdemeanor with the potential to move up to a class B or A misdemeanor depending on an accident (or the threat of) as a result. A conviction can cost you thousands in fines and court fees, not to mention two points on your license. It is crucial to contact an experienced traffic lawyer like MRD Lawyers to represent you.
Rolling through a stop sign or speeding through a late yellow light may not seem like a big deal, but if you are caught by a traffic officer you could be facing some serious fines and points off your license. Learn more about the failure to stop laws in Missouri with the MRD Lawyers team.
FAILURE TO STOP AT A STOP SIGN – TRAFFIC VIOLATION STATUTE
300.270. Stop and yield signs.
Citation: MO Rev Stat § 300.270 (2018)
- 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.
- 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 the intersection.
FAILURE TO OBSERVE A TRAFFIC-CONTROL DEVICE – TRAFFIC VIOLATION STATUTE
304.271. Observance of traffic-control devices — presumptions — penalty.
Citation: MO Rev Stat § 304.271 (2018)
- 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.
- 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.
- Whenever official traffic-control devices are placed in position approximately conforming to the requirements of the law, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
- Any official traffic-control device placed pursuant to the provisions of the law and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
- Notwithstanding the provisions of section 304.361, violation of this section is a class C misdemeanor.
304.361. Penalty for violation of sections 304.271 to 304.351.
Citation: MO Rev Stat § 304.361 (2018)
Any person who violates any of the provisions of sections 304.271 to 304.351 is guilty of a misdemeanor and shall be punished by a fine of not less than five dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment.
PENALTY OF CONVICTION
If you are convicted for any of the above statutes you can be facing hundreds of dollars in fines and points on your driver’s license. It is incredibly important to reach out to an experienced legal team to defend your rights. Contact the team at MRD Lawyers today to get started.
While operating a motor vehicle, failing to yield at a right-of-way can not only cause serious accidents, but it can also result in fines, fees, suspension of your driver’s license, and even jail time. Learn more about the Missouri Failure to Yield statute, and what to do if you are charged with MRD Lawyers.
FAILURE TO YIELD – TRAFFIC TICKET STATUTE
Citation: MO Rev Stat § 304.351 (2018)
304.351. Right-of-way at intersection — signs at intersections — violation, penalty — additional penalties — definitions — order of suspension, contents, appeal.
- 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.
- 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.
- 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.
- (1) 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.
(2) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:
(a) 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.
(b) 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.
- 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.
- 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.
- The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of section 304.010.
- Notwithstanding the provisions of section 304.361, violation of this section shall be deemed a class C misdemeanor.
- In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused physical injury, there shall be assessed a penalty of up to two hundred dollars. The court may issue an order of suspension of such person’s driving privilege for a period of thirty days.
- In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused serious physical injury, there shall be assessed a penalty of up to five hundred dollars. The court may issue an order of suspension of such person’s driving privilege for a period of ninety days.
- In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a fatality, there shall be assessed a penalty of up to one thousand dollars. The court may issue an order of suspension of such person’s driving privilege for a period of six months.
- As used in subsections 9 and 10 of this section, the terms “physical injury” and “serious physical injury” shall have the meanings ascribed to them in section 556.061.
- For any court-ordered suspension under subsection 9, 10, or 11 of this section, the director of the department shall impose such suspension as set forth in the court order. The order of suspension shall include the name of the offender, the offender’s driver’s license number, Social Security number, and the effective date of the suspension. Any appeal of a suspension imposed under subsection 9, 10, or 11 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the circuit other than the judge who issued the original order to suspend the driver’s license. The director of revenue’s entry of the court-ordered suspension on the driving record is not a decision subject to review under section 302.311. Any suspension of the driver’s license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction under other provisions of law.
PENALTY OF CONVICTION
Penalties for a failure to yield conviction largely depend on the result, or damage, that occurred on account of the violation. If the violation caused physical injury, there is a fine of up to $200 and a suspension of the driver’s license for 30 days. If the violation causes a serious injury the fine is raised to up to $500 and a period of suspension of 90 days. Lastly, if the failure to yield caused a fatality, the penalty is up to $1000 and revocation of driving privileges for six months.
Suffice to say, the penalties for this traffic violation are serious — and if you are facing a potential failure to yield conviction, it is crucial to contact a defense team that is experienced in traffic laws. At MRD Lawyers, we have the experience to ensure your rights are upheld.
What many people know as a “Hit & Run” is actually called Leaving the Scene of an Accident. If you have been involved in an accident, leaving is one of the worst things you can do. If you have been charged, contact MRD Lawyers today. In the meantime, learn about the details of the statute and the penalty for conviction.
LEAVING THE SCENE OF AN ACCIDENT – TRAFFIC VIOLATION STATUTE
577.060. Leaving the scene of an accident — penalties.
Citation: MO Rev Stat § 577.060 (2018)
- A person commits the offense of leaving the scene of an accident when:
(1) Being 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:
(a) His or her name;
(b) His or her residence, including city and street number;
(c) The registration or license number for his or her vehicle or vessel; and
(d) His or her operator’s license number, if any.
- For the purposes of this section, all law enforcement officers shall have jurisdiction, when invited by an injured person, to enter the premises of any privately owned property for the purpose of investigating an accident and performing all necessary duties regarding such accident.
- The offense of leaving the scene of an accident is:
(1) A class A misdemeanor;
(2) A class E felony if:
(a) Physical injury was caused to another party; or
(b) Damage in excess of one thousand dollars was caused to the property of another person; or
(c) The defendant has previously been found guilty of any offense in violation of this section; or committed in another jurisdiction which, if committed in this state, would be a violation of an offense of this section; or
(3) A class D felony if a death has occurred as a result of the accident.
- A law enforcement officer who investigates or receives information of an accident involving an all-terrain vehicle and also involving the loss of life or serious physical injury shall make a written report of the investigation or information received and such additional facts relating to the accident as may come to his or her knowledge, mail the information to the department of public safety, and keep a record thereof in his or her office.
- The provisions of this section shall not apply to the operation of all-terrain vehicles when property damage is sustained in sanctioned all-terrain vehicle races, derbies, and rallies.
PENALTY OF CONVICTION
If you or someone you know is facing a charge of leaving the scene of an accident, the accused could be facing between a class A misdemeanor and a class D felony. These are very serious charges with jail time, thousands in fines and fees, and a potential license suspension. It is crucial that you have an experienced defense team at your side to ensure your rights are defended. Contact MRD Lawyers today if you or a loved one are facing charges of leaving the scene of an accident.
If you drive in Missouri, you must have insurance to protect both yourself and the other drivers on the road. Failure to maintain insurance on your vehicle can result in some hefty fines, or worse. Learn more about a no insurance traffic ticket with MRD Lawyers.
FAILURE TO MAINTAIN INSURANCE – TRAFFIC TICKETS STATUTE
Citation: MO Rev Stat § 303.025 (2018)
303.025. Duty to maintain financial responsibility, residents and nonresidents, misdemeanor penalty for failure to maintain — exception, methods — court to notify department of revenue, additional punishment, right of appeal. —
- No owner of a motor vehicle registered in this state, or required to be registered in this state, shall operate, register or maintain registration of a motor vehicle, or permit another person to operate such vehicle, unless the owner maintains the financial responsibility which conforms to the requirements of the laws of this state. No nonresident shall operate or permit another person to operate in this state a motor vehicle registered to such nonresident unless the nonresident maintains the financial responsibility which conforms to the requirements of the laws of the nonresident’s state of residence. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers the person’s operation of the other’s vehicle; however, no owner or nonresident shall be in violation of this subsection if he or she fails to maintain financial responsibility on a motor vehicle which is inoperable or being stored and not in operation. The director may prescribe rules and regulations for the implementation of this section.
- A motor vehicle owner shall maintain the owner’s financial responsibility in a manner provided for in section 303.160, or with a motor vehicle liability policy which conforms to the requirements of the laws of this state. A nonresident motor vehicle owner shall maintain the owner’s financial responsibility which conforms to the requirements of the laws of the nonresident’s state of residence.
- Any person who violates this section is guilty of a misdemeanor. A first violation of this section shall be punishable as a class D misdemeanor. A second or subsequent violation of this section shall be punishable by imprisonment in the county jail for a term not to exceed fifteen days and/or a fine not to exceed five hundred dollars. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021. However, no person shall be found guilty of violating this section if the operator demonstrates to the court that he or she met the financial responsibility requirements of this section at the time the peace officer, commercial vehicle enforcement officer or commercial vehicle inspector wrote the citation. In addition to any other authorized punishment, the court shall notify the director of revenue of any person convicted pursuant to this section and shall do one of the following:
(1) Enter an order suspending the driving privilege as of the date of the court order. If the court orders the suspension of the driving privilege, the court shall require the defendant to surrender to it any driver’s license then held by such person. The length of the suspension shall be as prescribed in subsection 2 of section 303.042. The court shall forward to the director of revenue the order of suspension of driving privilege and any license surrendered within ten days;
(2) Forward the record of the conviction for an assessment of four points;
(3) In lieu of an assessment of points, render an order of supervision as provided in section 302.303. An order of supervision shall not be used in lieu of points more than one time in any thirty-six-month period. Every court having jurisdiction pursuant to the provisions of this section shall forward a record of conviction to the Missouri state highway patrol, or at the written direction of the Missouri state highway patrol, to the department of revenue, in a manner approved by the director of the department of public safety. The director shall establish procedures for the record keeping and administration of this section; or
(4) For a nonresident, suspend the nonresident’s driving privileges in this state in accordance with section 303.030 and notify the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides in accordance with section 303.080.
- Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370 shall be construed as prohibiting the department of insurance, financial institutions and professional registration from approving or authorizing those exclusions and limitations which are contained in automobile liability insurance policies and the uninsured motorist provisions of automobile liability insurance policies.
- If a court enters an order of suspension, the offender may appeal such order directly pursuant to chapter 512 and the provisions of section 302.311 shall not apply.
PENALTY OF CONVICTION
Any person convicted of operating a motor vehicle without insurance is guilty of a class D misdemeanor. Subsequent violations can result in imprisonment in county jail, fines up to $500, and subsequent court fees — not to mention suspension of your driver’s license. If you or someone you know is facing a charge of driving with no insurance, reach out to MRD Lawyers today. We can help you navigate the complexities of this conviction.
Driving a motor vehicle without a license is a serious crime in Missouri. In fact, subsequent convictions can even result in a felony charge. Learn more about the Missouri statute for operating a motor vehicle without a license below.
OPERATION OF A VEHICLE WITHOUT A PROPER LICENSE – TRAFFIC VIOLATION STATUTE
Operation of motor vehicle without proper license prohibited, penalty — motorcycles — special license — protective headgear, failure to wear, fine, amount — no points to be assessed.
Citation: MO Rev Stat § 302.020 (2018)
- Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:
(1) Operate any vehicle upon any highway in this state unless the person has a valid license;
(2) Operate a motorcycle or motor tricycle 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 motor tricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motor tricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;
(3) Authorize or knowingly permit a motorcycle or motor tricycle 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 motor tricycle or has been issued an instruction permit therefor;
(4) Operate a motor vehicle with an instruction permit or license issued to another person.
- Every person operating or riding as a passenger on any motorcycle or motor tricycle, as defined in section 301.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.
- Notwithstanding the provisions of section 302.340 any person convicted of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a misdemeanor. A first violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class D misdemeanor. A second violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class A misdemeanor. Any person convicted a third or subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a class E felony. Notwithstanding the provisions of section 302.340, violation of subdivisions (3) and (4) of subsection 1 of this section is a misdemeanor, the first violation punishable as a class D misdemeanor, a second or subsequent violation of this section punishable as a class C misdemeanor, and the penalty for failure to wear protective headgear as required by subsection 2 of this section is an infraction for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.
PENALTY OF CONVICTION
If the accused is convicted of operation of a motor vehicle without a license, penalties begin as a class D misdemeanor and can increase up to a class E felony with subsequent infractions. Not only does a misdemeanor carry a fine, but it can include jail time. Class D misdemeanors demand a fine of up to $500. Class A misdemeanors demand up to one year of jail time and a fine that doesn’t exceed $2000. Finally, a class E felony can demand up to four years of jail time — not to mention the points added to your driving record. The degree of punishment is why it is so important to hire a defense team to represent your best interests. Trust an experienced team like MRD Lawyers.
Many people view speeding tickets as no big deal. They think that they can simply pay the fine and move on. What many fail to consider is the Missouri driving point system and how speeding violations can result in the suspension or revocation of your driver’s license. Learn more about speeding in the MRD Lawyers Law Guide.
SPEEDING – TRAFFIC STATUTE
304.009. Speed limit — violation
Citation: MO Rev Stat § 304.009 (2018)
- Notwithstanding the provisions of section 304.010, a speeding violation of section 304.010 which is over the posted speed limit by five miles per hour or less is an infraction. The court costs assessed for a violation of this section shall be the same as the costs assessed pursuant to section 304.010.
- No points shall be assessed pursuant to section 302.302 for any speeding violation which is over the posted speed limit by five miles per hour or less.
- Notwithstanding any provisions of law to the contrary, a court may issue a warrant for failure to appear for any violation which is classified as an infraction.
Section 304.010 Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty.
Citation: MO Rev Stat § 304.010 (2018)
1. As used in this section, the following terms mean:
(1) “Expressway”, a divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway;
(2) “Freeway”, a limited access divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway within such ten miles of divided highway;
(3) “Rural interstate”, that part of the federal interstate highway system that is not located in an urban area;
(4) “Urbanized area”, an area of fifty thousand population at a density at or greater than one thousand persons per square mile.
2. Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated in excess of the speed limits established pursuant to this section:
(1) Upon the rural interstates and freeways of this state, seventy miles per hour;
(2) Upon the rural expressways of this state, sixty-five miles per hour;
(3) Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;
(4) All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;
(5) All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is identified by letter. Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;
(6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed limit is the legal speed limit.
3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy miles per hour.
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities’, towns’ or villages’ corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:
(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.
If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.
5. The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the county and, with the approval of the state highways and transportation commission, on any state road or highway not within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed. The maximum speed limit set by the county commission of any county of the second, third, or fourth classification for any road under the commission’s jurisdiction shall not exceed fifty-five miles per hour if such road is properly marked by signs indicating such speed limit. If the county commission does not mark the roads with signs indicating the speed limit, the speed limit shall be fifty miles per hour. The commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county, township or road district road in the county to the chief engineer of the state department of transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county. After the roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by state law.
6. The county commission of any county of the second, third, or fourth classification may by ordinance set a countywide speed limit on roads within unincorporated areas of any county, township, or road district in the county and may establish reasonable speed regulations for motor vehicles within the limit of such county. No person who is not a resident of such county and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such county road enters the county a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such county so that such signs may be clearly seen by operators and drivers from their vehicles upon entering such county. The commission shall send copies of any order establishing a countywide speed limit on a county, township, or road district road in the county to the chief engineer of the Missouri department of transportation, the superintendent of the state highway patrol, and to any township or road district maintaining roads in the county. After the boundaries of the county roads entering the county have been properly marked by signs indicating the speed limits set by the county commission, the speed limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits were established by state law.
7. All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall conform to standards established by the department of transportation.
8. The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any ordinance of any county, city, town or village of the state adopted before March 13, 1996.
9. The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.
10. A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident or as the defense to a negligence action.
11. 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.
PENALTY OF CONVICTION
A violation of Missouri’s speeding law is a class C misdemeanor. Convicted motorists face up to 15 days in jail and a maximum $750 in fines. If you are caught driving over 20 miles above the speed limit, you will face a class B misdemeanor which can result in up to six months in jail with maximum fines of $1000. Combine these penalties with the points on your license and the potential suspension and revocation of your driver’s license, and it’s easy to see how serious the situation is. That’s why it’s so important to find experienced legal counsel. Trust MRD Lawyers with your legal defense.
We at MRD Lawyers have extensive experience in handling traffic violations such as speeding. We know how important it is not to lose points on your driver’s license or risk higher insurance costs.
Our previous experience as prosecuting attorneys makes our team uniquely qualified to build an excellent defense designed to bring about the best possible outcome for your situation. Let us put that knowledge to work for you.
Whether this is your first ticket or a repeat offense, we are here to offer you our expertise and the best legal representation possible.
If you have been charged with a traffic violation of any kind, contact us for a consultation and find out how we can help you.
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Matt Russell and his staff are truly amazing. I am so happy to have Matt helping us. He is very honest, caring and has been so helpful with everything. I am so glad that I found Matt. He is very genuine and over all a good guy to have on your side.
Matt and his team exceeded my expectations in every way. Legal issues are in no way pleasant but I was made to feel well-represented, informed and respected during the entire process.
Tim & Anamei
I hired Russel Dempsey for my DWI case and from the beginning he was very professional and easy to deal with. He was able to break everything down for me and basically tell me how things would go. It was the first time I was in trouble with the law and he helped me understand what was going on and could answer any question I had. I received the news today after two longs years of my case being drug out (not Russel’s fault) that my case has been dropped. I 100% recommend him and his practice.
Where do I start? I thought I was going to have to plead guilty!! That was over a year ago. Fast forward to today and I just got news that case was dismissed!!! If it was not for the diligence and expertise of Matt Russell that would not have happened. The staff is always super friendly and great at sending reminders for all court dates etc. Nobody wants to go to court, but if you do you want it to go as smoothly as possible and you want to be represented by the best....and that's MRD lawyers.
Matthew was awesome! He was able to take care of my ticket and he was very responsive with all my inquiries. I would recommend MRD Lawyers to anyone who’s having any legal troubles.
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Matthew is truly one of a kind. Definitely does not fit the stereotype of your typical lawyer. He has gone above and beyond to help out me and my family. . Will always be grateful to Matthew for the kindness he showed me
An extremely effective law firm that individualized my case, provided options and expectations and got results.
So I decided to do some research on the law firm,I discovered that they help with the overflow for the public defenders office.its nice to know that not all court appointed lawyers work for the state and I like companies who help those in there community.
I would highly recommend working with MRD Lawyers. Russell was extremely kind, knowledgeable, and understanding of my circumstances and helped explain everything to ensure that I understood my case and what my options were. I was pleasantly amazed every time we met to discuss where we were at and the next steps. I went into everything expecting the worst but Russell helped to calm my nerves and ensured that I received the best resolution to my case while also exceeding my expectations!
If you're here unfortunately you're in need of a lawyer... No need to look any further! Matthew works as hard as can be to get you the best possible outcome for your case!
Mr.Russell did such a good job with my case. I was amazed with how familiar he was with the judge and prosecutors, I mean that in a good way. I have never seen any lawyer make a judge laugh and it made me much more comfortable when he did. I owe a huge thanks to the whole firm for helping me, they were extremely responsive even when I was residing out of state. The communication system that they have with their emails and easy access was all around well organized and quick. Thanks Matt! God bless you guys.