Legal Question in Traffic Law in Missouri
Do I need an attorney?
About 7 years ago I got 2 DWI's and lost my license.In December of 2003 I got a ticket for driving while revoked and speeding 78 in a 55 zone.I went to court on this matter for the first time today and the Judge just past it a month for me to get an attorney.I have with out a court order since the ticket completed a SATOP class,sent in my reinstatement fee to Jefferson City and now I have a fine in one county that I have to pay to get a hold off my license and I can take the test and get them back.Do I really need an attorney?I really need and want my license back but really can't afford an attorney unless I have to have one.If I show up with my license and no attorney and the money to pay the fine am I in contempt?Can I go to jail over this?
2 Answers from Attorneys
Re: Do I need an attorney?
It depends on what state you are in how severe the matter is, but I would offer in ANY jurisdiction you should have an attorney with the facts as you have stated them.
NOTE: IN MISSOURI, WHETHER A STATE COURT OR A MUNICIPAL COURT, THERE IS A REAL POSSIBILITY OF JAIL TIME IF YOU PLEAD GUILTY TO DRIVING SUSPENDED OR DRIVING REVOKED, and you will also be assessed 12 points on a conviction, which will suspend you license.
How long the additional suspension/revocation will last if you plead guilty depends upon how long you were suspended/revoked for at the time of this ticket.
An attorney can work out more favorable terms with the prosecutor on a plea bargain where you plea to a lesser charge, or at least get probation or suspended terms. I definitely would not show up to court without an attorney and just plead guilty.
Insurance: You will be forced to get SR-22 insurance once you get your license back. During the period of suspension or revocation, you are not insurable. Even after you are allowed to go off SR-22 insurance, your insurance rates will continue to be high for a significant period of time.
If you would like me to assist you, do not hesitate to call me. Matthew Guilfoil 816-842-3717, [email protected].
Re: Do I need an attorney?
The answer to your question (s) is "Yes!" You definitely do need an attorney. Even if you get your license reinstated, a guilty plea will result in 12 points and your license being revoked for at least one year. Also, I believe that the statute still requires the judge to sentence you to at least two days in jail upon conviction. An attorney might be able to get the charge amended to something else that will not result in any jail time or in any further revocations. If you are in the Eastern half of the state you may call me for a free telephone consultation at 314-727-2822. I will quote you a modest fee.
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