Legal Question in Traffic Law in Missouri

Some speeding ticket questions

Three days ago, I was cited in Kansas City, MO by a Clay County Sherriff's Deputy for driving 40mph in a 25mph zone. The speed limit is not posted (though the ticket says ''driver exceeded posted limit'' -- I'm sure that makes no diff. though).

The possible discrepancy is here:

I was cited as violating RSMo 304.010 (Revised Statutes of MO), which sets the speed limit for the road I was on at 60mph unless posted (actually there is no limit since the area qualifies as ''urbanized'').

HOWEVER, Kansas City Code of Ordinances Chap. 70 Sec. 361 says that going more than 25mph on the unmarked road is a violation of the ordinance.

If the deputy wanted to cite me correctly, shouldn't he have cited KC Code 70-361 instead of RSMo 304.010?

If so, what chance do I have with that in court?

Finally, my name has two letters transposed on the ticket. Is this an ''allowable error''?

Also, what is the best way to keep a ticket off of my record in this jurisdiction? (I will be tried in MO Circuit Court of Clay County, Div. 7)

Finally, are there any area traffic law attorneys who would be willing to dicuss my ticket for free before I choose a lawyer?

Thanks in advance!

Ben


Asked on 8/29/06, 4:33 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Some speeding ticket questions

Most attorneys are willing to briefly discuss your ticket situation with you for free. You mentioned several possible defenses. The attorney would have to get more information from you before telling you if any of them would work.

The easiest way to keep this ticket from dmaging yoru driving record (and possibly causing yoru insurance premium to go up) is to get it redueced to a non-moving violation. That is if you do not have a viable defense. Keep in mind that most attorney charge more to try ticket cases than to to negotiate a deal with the prosecutor.

You may email me directly, if you wish to dicuss your matter.

Good Luck

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Answered on 8/30/06, 5:57 pm


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