Missouri Traffic Violations

In Missouri, traffic laws are a cornerstone for maintaining order and safety on the state's roadways. These laws are designed to protect drivers, pedestrians, and property and help motorists steer clear of legal entanglements and their associated ramifications.

These crucial regulations are enforced through a collaborative effort involving several key state organizations.

The Motor Vehicle and Driver Licensing Division (MVDLD) is at the forefront, operating under the Department of Revenue (DOR). This division works hand-in-hand with the Missouri State Highway Patrol (MSHP) and a network of local law enforcement agencies to ensure these rules are effectively implemented and followed.

When traffic violations occur, they fall under the purview of the Missouri Judiciary system. Specifically, municipal and circuit courts are tasked with processing these infractions. These judicial bodies handle an extensive spectrum of offenses, ranging from minor transgressions to more severe breaches of traffic law.

The consequences for failing to adhere to Missouri's traffic laws can be significant. Offenders may face monetary penalties, accumulating demerit points on their driving records, or, in more extreme cases, losing their driving privileges either through suspension or revocation.

What Are the Major Traffic Violations in Missouri?

Missouri maintains a rigorous stance on traffic law enforcement. Drivers in the state need to be well-versed in the various types of traffic infractions to avoid penalties and promote their safety. Below is an overview of some key traffic violations recognized in Missouri:

Driving Without Insurance

All vehicles in Missouri must be insured with the following minimum liability coverage as per Section 303.025 of the Missouri Revised Statute (RSMo):

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property

Drivers must also have uninsured insurance of $25,000 per person or $50,000 per accident for bodily injury.

If caught driving uninsured, any of the following scenarios may happen:

• Record and Point Assessment:
• The court reports the conviction to the DOR.
• The conviction is recorded on the driver's record.
• Four points are added to the driver's record.
• Note: In Missouri, accumulating eight points within 18 months can result in losing driving privileges.
• Supervision Order:
• The court may issue a supervision order.
• This order is sent to the DOR.
• It allows for monitoring the driver to ensure they maintain automobile liability insurance.
• License Suspension:
• If the driver fails to show proof of insurance, the court may order a suspension of driving privileges.
• This order is sent to the DOR. The DOR then notifies the driver of their license suspension.
• The suspension period varies:
• First suspension: 0 days, $20 reinstatement fee
• Second suspension: 90 days, $200 reinstatement fee
• Third suspension: 12 months, $400 reinstatement fee

If the driver without insurance is caught in an accident, they must also file an SR-22 form as proof of liability insurance. The insurer usually files this on behalf of the insured driver.

Reckless Driving

Reckless driving refers to the intentional disregard for the safety of individuals or property. Under RSMo Section 304.012, if the driver convicted of reckless driving is not involved in an accident, it will be a Class B misdemeanor. Class B convictions can lead to a fine of up to $1,000 and up to six months in jail.

However, if the driver gets involved in an accident, it will be a Class A misdemeanor. Penalties can include a fine of up to $2,000 and up to one year in jail.

Speeding

According to RSMo Section 304.010, all drivers in Missouri must drive within these speed limits:

• Rural interstates and freeways: 70 miles per hour (mph)
• Rural expressways: 65 mph
• Urban interstates, freeways, or expressways: 60 mph
• All other roads and highways: 60 mph
• State-lettered routes: 55 mph

Driving beyond these speed limits is considered a traffic violation. The specific fines may vary per county in Missouri. For example, in Clay County, the following fines (with Court cost included) are applied as of January 2024:

• 1-5 mph over the limit: Fine of $50.50 and court cost of $69.50
• 6-10 mph over the limit: Fine of $60.50 and court cost of $73.50
• 11-15 mph over the limit: Fine of $70.50 and court cost of $73.50
• 16-19 mph over the limit: Fine of $100.50 and court cost of $73.50
• 20-25 mph over the limit: Fine of $155.50 and court cost of $73.50
• 26 mph or more over the limit: Court cost of $73.50 only as drivers are required to attend a court trial

Hit and Run

In Missouri, the penalties for a hit-and-run offense vary depending on the severity of the incident, such as whether it resulted in property damage, injury, or death. These penalties are outlined in the RSMo Section 577.060:

• Hit and run without damages: Class A misdemeanor with up to one year in jail and/or a fine of up to $2,000.
• Hit and run involving injury or property damage over $1,000, or second offense: Class E felony with up to four years in prison and/or higher fines.
• Hit and run involving serious injury or death: Class D felony with up to seven years in prison and/or higher fines.

Fleeing or Evading Police

Evading law enforcement arrest or fleeing by driving away is a traffic violation. The penalties will depend on the extent of the violation as per RSMo Section 575.150:

• Basic offense with no injury or death: Class A misdemeanor with up to one year in jail and a fine of up to $2,000.
• Fleeing results in injury or death: Class E felony with up to four years in jail and higher fines.

Driving with a Suspended or Revoked License

In Missouri, driving with a suspended or revoked license is a serious offense with significant penalties. The penalties for this offense are outlined in the RSMo Section 302.321:

• First Offense: Class D misdemeanor with up to a $500 fine
• Second or Subsequent Offenses:
• Class A misdemeanor with up to one year in jail and/or a fine of up to $2,000
• The suspension or revocation period can be extended, and the offender may face additional administrative penalties.

If the individual is caught driving on a suspended or revoked license due to a more serious underlying offense, such as DUI, the penalties can be even more severe.

Driving While Intoxicated (DWI)

In Missouri, the consequences for driving while intoxicated (DWI) or with excessive blood alcohol content (BAC) are as follows:

First Convictions

• A first conviction for excessive BAC or DWI results in a 90-day suspension.
• Offenders may be eligible for a Restricted Driving Privilege (RDP).

Multiple Convictions

• A second intoxication-related traffic offense typically leads to a one-year revocation due to point accumulation.
• Two convictions within five years may result in a five-year license denial.
• Three or more convictions lead to a ten-year license denial.

Administrative Alcohol Arrests

• Arrests for driving with a BAC of .08% or higher are processed administratively and criminally.
• Minors arrested with a BAC of .020% or higher face administrative sanctions.

The arresting officer submits specific documentation to the DOR, including an Alcohol Influence Report, a complaint or warrant, a Notice of Suspension/Revocation (Form 2385), and the offender's driver's license if taken.

Hearing Process

Offenders have 15 days from the issuance of the Form 2385 to request an administrative hearing. The DOR schedules these hearings, which may be conducted in person or by telephone. Administrative records typically suffice as testimony, but the arresting officer may sometimes be subpoenaed.

The DOR has a list of In-person Hearing Locations that offenders can check. Drivers can also call 573-751-2580 for any questions.

Implied Consent Law

Missouri's implied consent law mandates that drivers submit to alcohol or drug testing when requested by law enforcement. Refusal to comply results in a one-year revocation of driving privileges. Typically, the arresting officer serves initial notice of refusal at the time of arrest, but if not, the DOR will do so by mail.

The officer completes an Alcohol Influence Report, confiscates any valid Missouri driver's license, and may issue a 15-day permit. Drivers have the right to petition for review in the circuit court of the arrest county. If a stay order is granted, they may continue driving until the case is resolved.

Should the court uphold the arrest, the driver must serve any remaining time of the original revocation period and meet reinstatement requirements. However, if the court overturns the arrest, the revocation is canceled, and the license is returned, if applicable.

How Does Missouri's Point System Work?

Missouri utilizes a point system for tracking traffic violations. Drivers begin with zero points and accumulate them for various offenses. The accumulation of points can lead to penalties, making it crucial for drivers to understand the system to maintain a clean driving record.

The Missouri DOR has a record of the specific points per violation through the Missouri Driver Record Traffic Violation Descriptions and Points Assessed (Form 899).

Point Accumulation

When a driver accumulates points, they may face certain consequences:

• 4 points within 12 months: The DOR issues a point accumulation advisory letter
• 8 points or more in 18 months: Driving privilege is suspended. The duration of suspension increases with repeated offenses:
• 30 days for the first suspension
• 60 days for the second
• 90 days for third or subsequent suspensions
• Revocation of a driver's privilege for one year:
• 12 or more points in 12 months
• 18 or more points in 24 months
• 24 or more points in 36 months

Point Retention and Reduction

In Missouri, points typically remain on a driver's record for three years from the date of conviction. After this period, they are generally removed from the point total used to assess license suspensions. However, these points may still be visible on the driving record for a longer time.

Upon reinstatement of driving privileges following a point-related suspension or revocation, the DOR reduces the driver's total points to four. Points are further reduced over time if no new points are accrued:

• By one-third after one year
• By one-half after two years
• Zero after three years

Note that even though points may no longer affect a driver's status after three years, the convictions can remain on the driving record for extended periods.

Therefore, while the point system provides opportunities for drivers to improve their standing over time, the long-term visibility of certain convictions underscores the importance of consistently maintaining safe driving practices.

What Is the Process for Handling Traffic Tickets in Missouri?

When handling traffic tickets in Missouri, drivers should follow these steps, whether they intend to pay the fines or contest the citation:

Paying Fines

To pay fines, offenders can do the following:

• Review the ticket: Drivers should carefully examine the citation for details about the violation, fine amount, and payment instructions.
• Payment methods:
• Online: Drivers can use the Missouri Courts' Pay by Web facility or the specific county or municipality's website where the ticket was issued.
• By mail: A check or money order for the fine amount can be sent to the address on the ticket, along with a copy of the ticket or citation number.
• In-person: Payment can be made at the local municipal or circuit court clerk's office.
• Payment deadlines: Drivers must pay the fine by the specified deadline to avoid penalties or a potential warrant for failure to appear.

Drivers should keep a copy of the payment receipt or confirmation for their records in case of any disputes or processing issues.

Contesting a Citation

Drivers in Missouri have the right to dispute a traffic ticket. They should carefully review the citation to understand the offense and the instructions for contesting the ticket. The citation typically includes information on how to request a hearing or trial.

Offenders can follow these options to dispute a ticket:

• By Mail: Follow the ticket instructions to mail a written request to the address provided on the ticket or to:

Administrative Hearing Section

301 West High Street - Room 470

P.O. Box 3500

Jefferson City, MO 65105-3500

• Online: Some jurisdictions offer online options for requesting a court date or hearing.
• In Person: Drivers can visit the local municipal or circuit court clerk's office to file a formal request for a hearing.

Offenders should appear at the scheduled court date and time, prepared to present their case to the judge or magistrate. The ticket will be dismissed if found not guilty, with no fines required. The offender may need to pay the fine and any additional court costs if found guilty.

Drivers unsatisfied with the hearing outcome may be able to appeal the decision. They should check with the court for the process and deadlines for filing an appeal.

How Are Accident Reports Handled in Missouri?

In Missouri, accident reports are important documentation of traffic accidents. These documents provide accurate and necessary information for claiming insurance, legal proceedings, and police records.

Filing an Accident Report

Missouri law mandates that drivers file the Motor Vehicle Accident Report (Form 1140) with the Driver License Bureau if all of the following conditions are met:

• The accident caused either property damage exceeding $500, injury, or death.
• The accident happened in Missouri within the last 12 months.
• The accident involved at least one uninsured driver.

If the conditions are met, the driver must file Form 1440 within 30 days of the vehicle accident. Drivers must include all necessary information about the accident, such as:

• Names and contact details of all individuals involved
• Insurance details of both parties
• Driver's license information of both parties
• Vehicle registration and license plate numbers of both parties
• Vehicle descriptions (make, model, color) of the vehicles involved
• Contact information of witnesses, if there are any

However, if the damage is less than $500, the accident should still be reported as long as at least one individual is uninsured.

After completing the form, drivers can mail it to the Driver License Bureau:

Additionally, drivers should procure evidence of the scene, such as photographs of the damage and road conditions. For guidance, drivers can download the Android or iPhone version of the WreckCheck App. It provides a checklist on how to deal with a vehicle crash.

Obtaining an Accident Report

To obtain a copy of the vehicle crash report investigated by the MHSP, individuals should follow these steps:

• Wait ten days from the date of the crash investigation.
• Complete the Request for Traffic Crash Report.
• Forward the completed form to the local troop headquarters or the Patrol Records Division (PRD) with a check or money order payable to the MSHP:

If individuals have questions about MHSP-investigated traffic crash reports, they may contact the PRD at (573) 526-6113, ext. 1702.

Note that the PRD is currently experiencing a backlog of crash reports. While requests should still be submitted after the ten-day waiting period, individuals may experience an extended wait time before receiving their report.

Individuals can also purchase a copy of the report from third-party vendors like BuyCrash.

How Accident Reports Affect Insurance and Legal Matters?

In Missouri, accident reports are crucial in the insurance claim process. These detailed documents serve as a primary resource for insurance companies when evaluating faults in vehicular incidents.

The wealth of information provided in these reports is instrumental in helping insurers determine liability - a key factor in processing claims. The assignment of fault significantly impacts the compensation awarded for damages, medical costs, and other accident-related expenses.

Moreover, well-documented and thorough accident reports streamline the claims process. They equip insurance companies with the necessary data to make well-informed decisions regarding coverage and compensation, thereby reducing delays and potential disputes.

In more complex cases, particularly those involving serious injuries or conflicting accounts of the incident, accident reports become invaluable tools in legal proceedings. They provide a solid foundation for establishing the factual basis and context of the accident, assisting attorneys and courts in pursuing equitable resolutions.

What Should Drivers Know about Traffic-Related Arrests in Missouri?

In Missouri, law enforcement officers may arrest drivers for traffic violations, including reckless driving and operating a vehicle with a suspended license. These arrests typically occur during routine traffic stops when officers detect infractions or suspicious conduct.

At traffic stops, officers might conduct field sobriety tests to evaluate a driver's level of impairment. They may also request breathalyzer tests to measure blood alcohol levels or collect other evidence, such as witness accounts or video recordings, to establish probable cause for an arrest.

Arrested drivers retain certain legal rights, including the right to remain silent to avoid self-incrimination and request an attorney. Officers are required to inform them of the charges they face.

Following a traffic-related arrest in Missouri, drivers may encounter several legal repercussions, including:

• Criminal charges
• Financial penalties
• Suspension or revocation of driving privileges
• Probation with specific terms
• Mandatory participation in education or treatment programs
• Possible imprisonment, especially for serious offenses

The impact of an arrest extends beyond legal consequences. It can lead to emotional distress, strain relationships, and damage one's reputation. Given these significant ramifications, arrested drivers must seek guidance from experienced criminal defense attorneys.