Is it cheaper to just pay the fine marked on my ticket and move on?
It is almost never “cheaper” to pay the fine for a traffic ticket. The cash outlay for the fine may be smaller, but you will end up making a very unnecessary and potentially very expensive mistake. Right after you write your check to the court, two very important things will happen: (1) the court will put the ticket on your state driving record, and (2) your insurance company will see it on your driving record, likely increasing your insurance rates. In Missouri, the ticket will also cause points to be assessed to your record, which may lead to suspension or revocation of your driving privileges. Plus, if you drive for a living or have a CDL, a ticket could impact your employment.
Do I have to go to Court?
Most St. Louis area courts do not require that you appear if you have hired a lawyer to represent you in a traffic matter. Without an attorney, you may be required to appear. Sometimes when you hire an attorney, your attorney alone is required to appear. I can inform you after you have completed the ONLINE TRAFFIC TICKET INFORMATION FORM whether you and/or I will be required to go to court.
What does “amending” a traffic ticket or “requesting a recommendation” mean?
The majority of courts in the St. Louis area have policies that allow persons charged with traffic offenses to plead guilty to certain non-moving or no-point violations, instead of the original traffic charge, and then pay a higher fine amount. The specific policies vary by jurisdiction, but most courts amend the charge to something like “noisy muffler” or “illegal parking” for a fine plus court costs. An attorney requests a recommendation from the prosecutor to have the moving violation changed to a non-moving violation.
Can’t I negotiate an amended plea with the prosecutor myself?
Yes, you have the option of taking time out of your day (or evening), showing up at your court date with the other 10’s to 100’s of people waiting to make a court appearance, sitting in a line to talk to the prosecutor, asking him or her personally for a deal, and receiving a plea offer from the prosecutor. For the general public, that process can take hours. In addition, it is likely that when you receive the plea offer it will be in “legalese” which the prosecutor will not explain to you and you may not even know if it is a good deal.
If I hire a lawyer, am I guaranteed an amended ticket?
The overwhelming majority of traffic tickets that are eligible for amendment and a lawyer requests it, are amended. There is, however, no guarantee. Amendments are granted by city and county prosecutors on an entirely discretionary basis. The amendment may be granted based on the specific facts of the violation, the person’s driving record, and policies in effect at the time of the request.
I want to try my case. I was done wrong and I want to prove it at trial. Will you take the case for me?
Generally speaking, the rates quoted are starting points and anticipate only seeking the best plea offer the prosecutor is willing to give you, and accepting that offer on your behalf. Legal fees for taking a traffic matter to trial may be cost-prohibitive, however, I will be happy to look at any individual situation and give you an idea of what I think your degree of success might be, what the benefits would be, and the estimated costs involved. If you have a DWI/DUI, it is almost always a good idea to fight it if you have the means (see more DWI/DUI answers below).
What are the consequences of pleading guilty?
In Missouri, a point system is used to administer driver licenses and generally, receiving eight points in eighteen months could result in a license suspension. Various types of violations carry different amounts of points.
If my license is suspended, can I still drive?
Under some circumstances, driver’s license privileges can be reinstated. Once the period of suspension is completed, the driver’s license is again valid. In the mean time, an individual can apply for “hardship” driving privileges under certain conditions. The specifics of the case dictate whether or not this is an option, and you should discuss this with your attorney.
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Jennifer A. Coke, Attorney at Law, at The Coke Law Firm in St. Louis, MO, serves clients throughout St. Louis City and St. Louis County including Tower Grove, the Central West End, the Loop, and cities of Chesterfield, Creve Coeur, West Port, Ballwin, Kirkwood, Shrewsbury, Glendale, Clayton, Brentwood, University City, Sunset Hills, Webster Groves, Town & Country and many other local municipalities in Missouri.
The Coke Law Firm
Jennifer A. Coke, Attorney at Law
