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I've a ticket for 31 over. Missouri

I've a ticket for 31...
I've a ticket for 31 over.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Do you need to appear in court?
Customer: YEs
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope
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Answered in 5 minutes by:
9/21/2017
CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 28,750
Experience: 10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Can you please share with me what your question is?

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Customer reply replied 2 months ago
I've just gotten a ticket for going 31 over. And i have to show in court. I'd like to know how the process goes

If you want to contest this it is certainly in your best interest to retain a traffic ticket defense attorney to represent you. The first thing which they will want to do, is review the face of the citation and see if there is a legal basis to get it dismissed. If not, they will then have to look over the facts of the case and decide if it is in your best interest to work out a plea deal or to take the case to trial and make the State prove the allegation(s) against you. The officer will need to be present. If he/she fails to appear at trial, the case will likely be dismissed, unless a continuance is granted by the Judge, upon the showing of good cause. If the officer does appear, your attorney will be given a chance to cross examine them and attack their credibility. The attorney is going to want to inspect their documents and log book, to make sure that the speed measuring device was properly calibrated, that they have the citation logged and are certified to use the equipment. Moreover, they will question them about their training and experience, trying to create doubt that they may have not known what they were doing and improperly measured your speed. They will also raise any other possible defenses, which you may have, to try and obtain a finding of not guilty.

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Customer reply replied 2 months ago
What happens if I'm found guilty of the charge? Is it just a fine or is there jail time?
Customer reply replied 2 months ago
I've had 2 tickets before but they've both been amended. So my record is effectively clean. Will that help my case?

You would not go to jail for something like this. You could be looking at fines, court costs and driving school.

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Customer reply replied 2 months ago
The officer that issued me the ticket said that the standard procedure would be to arrest me, but since I had a clean record, he wasn't going to.
I have a dashcam and a radar detector, and I honestly don't feel like i was doing 61. However, in my dashcam video, my radar detector can be seen not going off, which makes me question if his radar was even on. Will this help?

Any evidence which is relevant, can be used at trial. You have your testimony, along with other evidence but you still were above the speed limit and speeding, so it may not be a defense to get this dropped, unless you argue the radar or speeding measuring device was not properly working

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Customer reply replied 2 months ago
What if i go to court by myself and ask to make a deal to have it off my record. What're the odds of the judge agreeing?

It may be possible and there is nothing wrong with that. If you feel as though you are unsure, you can always ask for time to retain counsel and for the Judge to reset the hearing.

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Customer reply replied 2 months ago
I just called the court to reschedule my date as I intend to move out of the state within a week. They told me i can just show up on tuesday and take the stand, and i didn't have to do anything else about it. Does this mean i can show up in court and assume the officer wont know I'm coming then, thus he'll be unable to show his evidence and logs for his radar, and thus i can motion for the case to be dropped?

If that is what the clerk advised you of, you can rely on that. If you appear and this is the trial and the officer does not appear, the case would likely be dismissed, since there would be no evidence, to support the States claim/cause of action.

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Customer reply replied 2 months ago
This isn't the trial as I haven't contested it. This is just the court date that was on my ticket, But it's moved up. It's my first appearance in court.

The officer will not likely be present at that time. You can speak with the Judge and address any issues. Since this is not a trial, the judge is not likely going to hear any evidence at that time. It is to decide if you want this set for trial or to resolve it.

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Customer reply replied 2 months ago
If i ask for a deal to resolve it at this point, what're the factors i can mention for him to be more willing to give me a deal to keep this off my record? Things like my clean record?

Yes. It would be things like your clean record and any other mitigating factors for the court to consider.

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Customer reply replied 2 months ago
Is there any way to have this charge amended?

The State would have to do it and would usually happen pursuant to a plea deal, to lower the alleged speed.

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Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 2 months ago
I will do so, thank you.Is there any way for a traffic lawyer to help me? Towards amending it i mean, after the judge agrees to reduce the charges.

That is something which the State has to do, as I shared, since the officer charged you with the violation and it would need to be amended.

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Customer reply replied 2 months ago
by the state, you mean the judge/court, correct?

Yes, correct. After this is resolve, an attorney is not able to just get it changed. That would have to be done in court.

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Customer reply replied 2 months ago
Lovely. So how would you suggest i word my request for the judge to amend this charge?

I think you ask advise the court you want to try and resolve this and want to possible take a plea but would ask for this to be amended, in exchange for a plea deal to close this out.

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Customer reply replied 2 months ago
the odds of the judge making me a deal are good?

I do not think there will be an issue trying to resolve this and taking a plea. I think it will be harder to get this amended to something less. You are not forced to go to trial. At the same time, the State is not forced to amend and charge you with something else.

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Customer reply replied 2 months ago
if i make a deal and pay the fine, I'm basically admitting guilt. After this is done, there are still points on my record. To remove these points, you're saying a traffic lawyer cannot amend it for me, and that the judge himself would have to agree to amend it at the time of the hearing itself. correct?

Tickets cannot be removed from your Missouri driver record until the conviction is at least three years old, but other conditions may apply.

You may submit a request (including your full name and Missouri driver license number or social security number) to have old tickets purged from your record using one of the following methods:

  • Send an e-mail request to *****@******.***.
  • Call(###) ###-####during normal business hours to request the purge.
  • Send a written request to our central office:

    Missouri Department of Revenue
    301 West High Street - Room 470
    PO Box 200
    Jefferson City, MO,###-##-####/p>

NOTE: A ticket is not eligible to be removed if it "supports" an existing administrative suspension/revocation/denial action against the driver, or if it otherwise must remain on the record in accordance with state law.

In certain cases, the court or the Fine Collections Center may authorize you to complete a Driver Improvement Program (DIP) in order to reduce the points on your driver record for a ticket. You can ask about this as well, if that is the goal.

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Customer reply replied 2 months ago
there's no way for me to make a deal to get this ticket off my record immediately?Also what does purging a ticket mean?

Purge would mean to remove it. The Judge is not just going to dismiss this. It will not come off immediately. If you want that to happen, you either go to trial and fight this or retain an attorney and see if they can get it dismissed, if the ticket is defective.

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Customer reply replied 2 months ago
What do you mean by defective?

If it was written wrong or improper or things were left out.

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Customer reply replied 2 months ago
Is it a big deal if i didn't sign it?
And my car is orange, but he's put brz which i assume means broze?

If you did not sign it that could be a defense, since there would be no evidence it was actually issued to you and you received it. The color would not result in this being dismissed but if the officer forgot to have you sign it, that could be an issue.

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Customer reply replied 2 months ago
Is the signing a credible enough issue to have it dismissed?And even so, don't they wear body cams now, so they could just pull up the video from his bodycam?

I am happy to continue to answer your follow up questions but kindly ask that you rate my help, since we have been chatting online for close to two hours now. Thank you for understanding and I will be happy to respond.

CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 28,750
Experience: 10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Customer reply replied 2 months ago
Done.
Could you please advise me on the signing now?

Thank you. Yes, if the ticket is not signed and the officer was required to have you sign it, placing you on notice, you could always try and argue this. I know your goal is to get this amended or dismissed, so you need to retain legal counsel. You do not have to but if you do not have experience with this, it pays to hire an attorney and have them represent you, to increase your chances of the outcome which you desire.

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Customer reply replied 2 months ago
How would I find out if the officer was required to have me sign it or not?

You want an attorney to pull case law and show and research if this is required and if it is missing, if the Judge can dismiss it. As I shared, signing the ticket is not an admission of guilt, it is to place a driver on notice that they are answerable to the charge and that they were the person who was driving and issued the citation. In this case, you could argue that someone provided your name or information and you were not there and you never signed for this.

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Customer reply replied 2 months ago
If i do that, and If by chance I claim that I was never handed the ticket, will the charges be dropped without contesting?

The Judge may say that it is an issue for trial. All depends. The Judge could toss it that day or set it for trial and make the Officer appear. It is impossible to know the outcome.

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Customer reply replied 2 months ago
I see. What do you think the best and worst case scenario are, in this case?

Best case is dismissal and worse case is a fine, court costs and points and driving school.

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Customer reply replied 2 months ago
What would be your advice on the best way to get a dismissal?

Retain a traffic ticket defense attorney and have them represent you from the start.

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Customer reply replied 2 months ago
would you advise taking this to trial?

If the officer appears the day of trial and has all their documents with them to support the allegation, it may not be in your best interest unless you have evidence to contradict and discredit the officer.

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Customer reply replied 2 months ago
Hm. alright then.
What's the best deal you think i should ask for?

Ideally no points.

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Customer reply replied 2 months ago
Is there a way to not get any points that the judge is likely to agree to?

I do not think it is possible, which is why I suggest retaining a traffic ticket defense attorney and fighting this, since that is your concern.

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Customer reply replied 2 months ago
I see. So you don't think there's any chance of me not getting points without taking it to trial?

Correct

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Customer reply replied 2 months ago
the purging is only for tickets that have been there 3 years correct?

Correct, as shared above.

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Customer reply replied 2 months ago
Lovely.
I think I have all I need for right now. Thank you for all your help!

You are very welcome

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