Legal Question in Traffic Law in Missouri

I got a careless driving violation after I was involved in an single car accident on the interstate. It was raining badly and I hit a puddle and left the roadway. According to the Missouri drivers book you can hydroplane at any speed over 35. The minimum speed limit is 45.

How can I fight this?


Asked on 6/11/11, 2:13 pm

1 Answer from Attorneys

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

A conviction for careless driving will result in points beingassessed against yor driving record by the Missouri department of Revenue, and would probablky also result in an increase in your automobile insurance premiums. In many traffic cases the defendant does not belive that he or she violated the law, and in your case I can certainly understand it if you feel that way. You are certainly entilted to appear in Court on your ticket, plead "Not Guilty" and ask that the case be set fro trial. Then you will need to return to Court on another occassion for the trial. At the trial the officfer who wrote the ticket will testify and give his opinion that you were driving carelessly. You can cross examine the officer. You can also testify and explain your side to the Judge. However, in my experience, the Judge is more likely to believe the officer and find you guilty. You could hire an attorney to represent you and go through the same process, but, again, the Judge is more likely to believe the officer. In most cases, an attorney will be able to negotiate a plea bargain under which you would avoid the conviction, and in most cases this is the smartest thing to do even if you do not believe that you were driving carelessly. In the long run you will save a lot of money and keeping your record clean will pay off in many ways. You should not believe any attorney who tells you that he or she will win this case. Some attorneys will say anything to get your money.

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Answered on 6/11/11, 3:24 pm


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