| Mirfasihi Law Offices, L.L.C. |
215 East 20th Street Kansas City, Missouri 64108 Telephone: 816-444-7526 Facsimile: 816-474-4717 |
Traffic violations can lead to serious consequences if not handled properly.
Pleading guilty today might seem cheaper and easier; however, what happens
when you receive your next moving violation could be shocking and
unbeknownst to you. Your driving privileges could be revoked, insurance
costs increased, and in some cases you may be facing jail time. These
violations are serious and could seriously affect you.
For example: If you have two speeding violations on your record, it is likely
that you have acquired at least 4 points on your driving record. A few
months later you are stopped by a police officer and he kindly hands you
your first DWI (8 points). Here, you would have a total of 12 points against
your driving record, causing you to lose your license for a period of one
year. However, if you would have avoided pleading guilty to the previous
speeding violations your license would have only been suspended for 30
days. This is an example of many different situations, why it is important
NOT to plead guilty to what seems like a simple moving violation.
Section 302.302 R.S.Mo. sets out the system for assessment of points used
by the director of revenue for the suspension and revocation of licenses.
These points are assessed only after a conviction or forfeiture of collateral.
Violations and points assessed:
(1) Any moving violation of a state law or county or municipal or federal
traffic ordinance or regulation not listed in this section, other than a violation
of vehicle equipment provisions or a court-ordered supervision as provided in
section 302.303 2 points
(except any violation of municipal stop sign ordinance where no accident is
involved 1 point)
(2) Speeding
In violation of a state law 3 points
In violation of a county or municipal ordinance 2 points
(3) Leaving the scene of an accident in violation of section 577.060, RSMo
12 points
In violation of any county or municipal ordinance 6 points
(4) Careless and imprudent driving in violation of subsection 4 of section
304.016, RSMo 4 points
In violation of a county or municipal ordinance 2 points
(5) Operating without a valid license in violation of subdivision (1) or (2) of
subsection 1 of section 302.020:
(a) For the first conviction 2 points
(b) For the second conviction 4 points
(c) For the third conviction 6 points
(6) Operating with a suspended or revoked license prior to restoration of
operating privileges 12 points
(7) Obtaining a license by misrepresentation 12 points
(8) For the first conviction of driving while in an intoxicated condition or
under the influence of controlled substances or drugs 8 points
(9) For the second or subsequent conviction of any of the following offenses
however combined: driving while in an intoxicated condition, driving under
the influence of controlled substances or drugs or driving with a blood
alcohol content of eight-hundredths of one percent or more by weight 12
points
(10) For the first conviction for driving with blood alcohol content
eight-hundredths of one percent or more by weight
In violation of state law 8 points
In violation of a county or municipal ordinance or federal law or regulation 8
points
(11) Any felony involving the use of a motor vehicle 12 points
(12) Knowingly permitting unlicensed operator to operate a motor vehicle 4
points
(13) For a conviction for failure to maintain financial responsibility pursuant
to county or municipal ordinance or pursuant to section 303.025, RSMo 4
points
(14) Endangerment of a highway worker in violation of section 304.585,
RSMo 4 points
(15) Aggravated endangerment of a highway worker in violation of section
304.585, RSMo 12 points
(16) For a conviction of violating a municipal ordinance that prohibits tow
truck operators from stopping at or proceeding to the scene of an accident
unless they have been requested to stop or proceed to such scene by a party
involved in such accident or by an officer of a public safety agency 4 points
An additional two points shall be assessed when personal injury or property
damage results from any violation listed in subdivisions (1) to (13) of
subsection 1 of this section and if found to be warranted and certified by the
reporting court.
When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1
of this section constitutes both a violation of a state law and a violation of a
county or municipal ordinance, points may be assessed for either violation
but not for both. Notwithstanding that an offense arising out of the same
occurrence could be construed to be a violation of subdivisions (8), (9) and
(10) of subsection 1 of this section, no person shall be tried or convicted for
more than one offense pursuant to subdivisions (8), (9) and (10) of
subsection 1 of this section for offenses arising out of the same occurrence.
Revocation:
A driver's license can be revoked when he or she accumulates:
8 points in 18 months or
12 points in 12 months or
18 points in 24 months or
24 points in 36 months.
Reduction of Points:
Section 302.306 R.S.Mo. allows the number of points accumulated by a
driver to be reduced under the following conditions:
1. For the first full year of operation without conviction for a moving
violation, the total accumulated point value charged against an operator shall
be reduced by one-third.
2. For the second consecutive full year of operation without conviction of a
moving violation, the remaining total accumulated point value charged against
an operator shall be reduced by one-half.
3. For the third consecutive full year of operation without conviction for a
moving violation, the remaining accumulated point value charged against an
operator shall be withdrawn.
Copyright 2011 Mirfasihi Law Offices, All Rights Reserved.
Pleading guilty today might seem cheaper and easier; however, what happens
when you receive your next moving violation could be shocking and
unbeknownst to you. Your driving privileges could be revoked, insurance
costs increased, and in some cases you may be facing jail time. These
violations are serious and could seriously affect you.
For example: If you have two speeding violations on your record, it is likely
that you have acquired at least 4 points on your driving record. A few
months later you are stopped by a police officer and he kindly hands you
your first DWI (8 points). Here, you would have a total of 12 points against
your driving record, causing you to lose your license for a period of one
year. However, if you would have avoided pleading guilty to the previous
speeding violations your license would have only been suspended for 30
days. This is an example of many different situations, why it is important
NOT to plead guilty to what seems like a simple moving violation.
Section 302.302 R.S.Mo. sets out the system for assessment of points used
by the director of revenue for the suspension and revocation of licenses.
These points are assessed only after a conviction or forfeiture of collateral.
Violations and points assessed:
(1) Any moving violation of a state law or county or municipal or federal
traffic ordinance or regulation not listed in this section, other than a violation
of vehicle equipment provisions or a court-ordered supervision as provided in
section 302.303 2 points
(except any violation of municipal stop sign ordinance where no accident is
involved 1 point)
(2) Speeding
In violation of a state law 3 points
In violation of a county or municipal ordinance 2 points
(3) Leaving the scene of an accident in violation of section 577.060, RSMo
12 points
In violation of any county or municipal ordinance 6 points
(4) Careless and imprudent driving in violation of subsection 4 of section
304.016, RSMo 4 points
In violation of a county or municipal ordinance 2 points
(5) Operating without a valid license in violation of subdivision (1) or (2) of
subsection 1 of section 302.020:
(a) For the first conviction 2 points
(b) For the second conviction 4 points
(c) For the third conviction 6 points
(6) Operating with a suspended or revoked license prior to restoration of
operating privileges 12 points
(7) Obtaining a license by misrepresentation 12 points
(8) For the first conviction of driving while in an intoxicated condition or
under the influence of controlled substances or drugs 8 points
(9) For the second or subsequent conviction of any of the following offenses
however combined: driving while in an intoxicated condition, driving under
the influence of controlled substances or drugs or driving with a blood
alcohol content of eight-hundredths of one percent or more by weight 12
points
(10) For the first conviction for driving with blood alcohol content
eight-hundredths of one percent or more by weight
In violation of state law 8 points
In violation of a county or municipal ordinance or federal law or regulation 8
points
(11) Any felony involving the use of a motor vehicle 12 points
(12) Knowingly permitting unlicensed operator to operate a motor vehicle 4
points
(13) For a conviction for failure to maintain financial responsibility pursuant
to county or municipal ordinance or pursuant to section 303.025, RSMo 4
points
(14) Endangerment of a highway worker in violation of section 304.585,
RSMo 4 points
(15) Aggravated endangerment of a highway worker in violation of section
304.585, RSMo 12 points
(16) For a conviction of violating a municipal ordinance that prohibits tow
truck operators from stopping at or proceeding to the scene of an accident
unless they have been requested to stop or proceed to such scene by a party
involved in such accident or by an officer of a public safety agency 4 points
An additional two points shall be assessed when personal injury or property
damage results from any violation listed in subdivisions (1) to (13) of
subsection 1 of this section and if found to be warranted and certified by the
reporting court.
When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1
of this section constitutes both a violation of a state law and a violation of a
county or municipal ordinance, points may be assessed for either violation
but not for both. Notwithstanding that an offense arising out of the same
occurrence could be construed to be a violation of subdivisions (8), (9) and
(10) of subsection 1 of this section, no person shall be tried or convicted for
more than one offense pursuant to subdivisions (8), (9) and (10) of
subsection 1 of this section for offenses arising out of the same occurrence.
Revocation:
A driver's license can be revoked when he or she accumulates:
8 points in 18 months or
12 points in 12 months or
18 points in 24 months or
24 points in 36 months.
Reduction of Points:
Section 302.306 R.S.Mo. allows the number of points accumulated by a
driver to be reduced under the following conditions:
1. For the first full year of operation without conviction for a moving
violation, the total accumulated point value charged against an operator shall
be reduced by one-third.
2. For the second consecutive full year of operation without conviction of a
moving violation, the remaining total accumulated point value charged against
an operator shall be reduced by one-half.
3. For the third consecutive full year of operation without conviction for a
moving violation, the remaining accumulated point value charged against an
operator shall be withdrawn.
Copyright 2011 Mirfasihi Law Offices, All Rights Reserved.
| Traffic |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Disclosure: The choice
of a lawyer is an
important decision and
should not be based
solely upon
advertisements.
of a lawyer is an
important decision and
should not be based
solely upon
advertisements.