Legal Question in Traffic Law in Missouri

Assumed guilty

I was pulled over by the Missouri State Highway Patrol and givin a speeding ticket that I do not believe to be accurate as I had my speed control set at a legal speed. The problem is that on the ticket there is no court date or juristiction. Only a written statement that said ''due in 30 days'' appeared at the bottom of the ticket. With the ticket was a payment envelope addressed to the state capital in Jefferson City, MO, about 130 miles or 6 counties from where the alleged infraction took place. It seems that I was being tried and convicted right there on the side of the road. Is this legal? Do I not get to plead Not Guilty and present my case. Seems sort of heavy handed to me.


Asked on 12/18/02, 8:11 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Assumed guilty

Recently, as within the last couple of years, our great legislature has seen fit to install yet another level of bureaucracy to serve the needs of the people and you are now caught up in it. In certain areas of the state Highway Patrol Officers are writing these tickets which you can elect to plead guilty on and pay by mail to a centralised traffic violations bureau. I have had a few clients with this situation. If you elect to plead "not guilty" which is your right, and which in my opinion is the only logical thing to do, there is a procedure by which you notify the centralized traffic violations bureau. I believe there must be a form which you received from the trooper which you can send in. Or, if not, there should be a telephone number you can call. In any event, the centralised traffic violations bureau then sends the ticket to the prosecuting attorney and court in your county. You will be given a court date. I would advise you to consult with an attorney in your area who should be able to help you avoid the conviction either by way of a plea bargain or a trial. Good luck.

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Answered on 12/19/02, 9:00 pm
Anthony Smith LawSmith

Re: Assumed guilty

Yes- Of course you are still presumed innocent and have and opportunity to defend yourself, or have someone else defend you. You were pulled over by a highway patrollman, so the ticket isn't preprinted with a city or county. That is because they work in several cities and counties.

If you choose to fight teh ticket or get it amended through an attorney, the state will send it to teh county in which the infraction supposedly occurred. You did not indeicate where you were when you got pulled over. Perhaps I could help you.

You may certainly contact me at: [email protected] if you so wish, just remind me that you got my name through this information service.

Good Luck

Tony Smith

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Answered on 12/19/02, 12:27 am


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