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Frequently Asked Questions
"Can you keep this off my record" and "Is this legal?" We probably can keep it off your record, and yes it is legal. Remember, you're innocent until proven guilty. To be proven guilty, the state must bring in evidence that tends to show a driver's guilt. If the state doesn't have the evidence that the law requires, the driver will be found not guilty. As you might expect, when defense counsel objects to the evidence the prosecution presents at every turn, it can become difficult and time-consuming for the state to meet its burden of proof in any particular case. Instead of wasting valuable state resources prosecuting generally law-abiding drivers, a system of plea bargains has developed. In a nutshell, if a driver is willing to plead guilty to a lesser charge, one that doesn't appear on his or her driving record, the state will increase the posted fine and accept the guilty plea. The driver will get a reduced charge, the state will get more money, and will have punished the offender appropriately for the offense committed
Is it fair? In other words, if I really committed the offense, why should I get off? Maybe you shouldn't have been ticketed in the first place. The traffic ticket system is in place to make the streets and roads safe. Not all driving resulting in traffic tickets is unsafe. Consider red-light cameras. People slam on their brakes to avoid getting tickets. In at least one jurisdiction, the insurance industry complained because of the increase in rear-end collisions. And by the way, city revenue from the traffic tickets increased dramatically in this jurisdiction. With the help of an attorney who can speak on your behalf to the judge or prosecutor, your voice can be heard.
Why can't I do this myself? If you understand the rules of evidence, courtroom procedure and decorum, you can probably do an adequate job of representing yourself. But just because you can install muffler, change your oil or unstop a drain, doesn't mean that it is the most effective way of handling your problem. And remember, there are no guarantees that you will win your case, or even obtain a plea bargain to achieve your goals. When an individual represents himself, there are usually two court appearances required: (1) to appear, plead not guilty and obtain a trial date; and (2) a trial date. Before you try and represent yourself in court, check with the Traffic Law Center to see what our fee and success rate is to handle your ticket.
What does it cost? Most simple moving violations can be handled for an attorney's fee of less than $100.00, not including fine and court costs. Fines and court costs are usually less than $200.00.
Can you keep a DWI off my record? The unique facts of each case, breathalyzer results, statements both from the officer and from the driver are needed before any attorney can give a prediction as to the final result of a case, and even then there are no guarantees. Police departments have more investigative tools than ever in their arsenal to prosecute drunk drivers. The Traffic Law Center has handled thousands of DWI/DUI cases. Experience is the key to a good legal defense in this area of the law.
Do you handle personal injury cases involving traffic accidents? Our attorneys handle "traffic ticket cases only" Why? When the traffic dockets are called, we believe that it's important for your lawyer be there to answer the docket. If no one answers, warrants are issued. If our attorneys were assigned out to week-long or month-long trials in personal injury cases, we wouldn't be able to efficiently process the high volume of cases that we receive. We are very well equipped to discuss traffic accident cases with our clients, and refer them on to attorneys who have expertise in this area. Please ask us for a reference to a reputable personal injury lawyer and we will be happy to assist you with your choice in this area of the law.
How many tickets can I get before my license is suspended? In Missouri, Illinois, Kansas a single ticket can result in a suspension, depending on the seriousness of the offense. Generally speaking, three tickets within a one or two-year period can have suspension consequences
Why don't insurance companies fight this system? We can't say for sure, but we have a theory. It goes like this. Because local and state governments profit by writing traffic tickets, more people are getting tickets than ever. Not every person who gets a ticket hires a traffic lawyer to try and keep it off the driving record. Because insurance companies are a regulated industry, they don't have the right to increase premiums unless there is a conviction or accident on the record. More tickets and convictions translate into more opportunities for insurance companies to increase insurance rates for drivers who have convictions. Insurance companies make more from rate increases than pay out in claims. So, the short answer is: insurance companies are profiting by the system.
What happens to my insurance rates if I get one ticket?..two tickets?...three tickets? The best person to answer this question is your insurance agent. We have asked this question of our friends in the insurance industry, and the answer that we've gotten is that a single ticket can raise an individual's insurance rates by $300 dollars in one year, two tickets can raise the rates by $3,000 over a three-year period.
Can you keep any ticket off my driving record? No. We are licensed to practice only in Missouri, Illinois, and Kansas, so for starters, if you get a ticket in any of those other 47 states we can't help you. However, in Missouri, we are limited by what we would describe as a common sense approach by the prosecutors and judges we deal with, i.e. if the speed isn't too high, or the driving too reckless, they are usually willing to give the driver an alternative sentence or probation. However, there are limits, and each individual prosecutor and/or judge will draw lines that they don't usually cross, without good cause.
Why not just pay it and get it over with? In Missouri, a conviction remains on your driving record for at least three years. It is only removed after a period of driving with no other tickets. During the three year period one's insurance rates may be raised. In some jurisdictions, leniency is offered only if the person has a clean driving record. If you plead guilty today and receive another ticket tomorrow, the second will go on your record, and then you're getting nearer and nearer to a suspension.
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