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Call Them Evil; Lose the Money – Insurance Policy Exclusions for Crime

Posted on by Matt Hamilton

Calling Them Evil Will Cost you Money:  Invalidating the Insurance Policy by Pleading Intentional Conduct

The victim of a personal injury accident must be careful about representing that the person that harmed them was intentionally evil, or intended to harm them.  That kind of representation can activate an insurance policy exclusion and make the policy inapplicable to the accident.

Ensuring an insurance policy applies is a critical advantage of hiring a personal injury, accident lawyer.  That lawyer can walk the tightrope between maximizing the fault of the person that hurt you (the tortfeasor), and maximizing damages (the amount of money you get) by focusing your claims of clear fault, lack of comparative fault, punitive damages, and insurance bad faith.

Why spend time focusing on fault when the case facts are clear?  The benefit is that clear, intentional fault tends to “bleed over” into damages, and tends to increase the value of the claim.  What is the risk?   There is a dark-side disadvantage to any claim of clear fault.  Pressing the fault advantage, too far, can activate an insurance exclusion and end the money available to the claim.

Our Example – A Motor Vehicle Accident

Shane Johnson is a 26-year-old man living in Raymore, Missouri.  He visited with some friends at a tavern off Main Street in Belton, Missouri.  He had six drinks, all mixed with whiskey.  It was 9:00p.m on a Thursday.  Shane was driving home on 58 Highway eastbound from Belton to Raymore.

Jennifer Miller is a 37-year-old, healthy, married, mother of two young children from Harrisonville, Missouri.  She works in Belton.  She is a nurse at a senior living center.  She is driving home from work.  She is headed towards Interstate 49 in Belton, Missouri, and plans to drive south into Harrisonville.

Shane Johnson, driving, weaves in his lane, crosses over into the left lane, and collides into a Ford F-150 truck driven by Mrs. Jennifer Miller.

The collision pushes Mrs. Miller’s Ford F-150 truck to the left, off the north side of 58 Highway, and into the clear zone near the Belton Target store.  Jennifer Miller’s truck strikes a light pole at 40 miles per hour.  The Belton’s Police and emergency ambulance respond to the accident scene.

Our Example – The Arrest

DUI test

Shane Johnson was tested using field sobriety techniques by the Belton Police Department at the scene of this car accident.  After leaving the car accident scene, Mr. Johnson was tested with an Intoxalyzer 5000 breathalyzer machine at the Belton Police Department.  Shane blew a .18 blood alcohol content (B.A.C.), more than double the legal limit.  Shane was arrested under suspicion of driving while intoxicated.  Mr. Johnson was given tickets for Belton Municipal Court for careless and imprudent driving, driving while intoxicated (DWI, a second offense), and failing to keep a proper lane.

Our Example – Criminal Court

Shane Johnson hired a criminal defense lawyer for his Belton Municipal Court traffic tickets.  The lawyer was able to keep Mr. Johnson out of prison.  Shane avoided a felony charge for causing serious injury to Jennifer Miller while driving under the influence of alcohol (RSMo. 558.011 & 565.052).  His criminal defense lawyer saved his driver’s license.  However, Shane Johnson pled guilty in Belton Municipal Court, was convicted, and his record showed his driving while intoxicated (DWI), and careless and imprudent driving convictions.

Our Example – The Injury

femur xrayJennifer Miller suffered a comminuted, oblique fracture to her femur (a broken leg), and several crushed foot bones.  Namely, Mrs. Miller had crushed the cuboid, and first, and third metatarsals in her right foot.  The comminuted, oblique, leg fracture indicates it was not a straight across fracture but that her leg bone was broken in multiple pieces.

Our Example – Medical Treatment

Mrs. Miller was initially treated at Belton Research Hospital.  She had follow-up care at Saint Luke’s East Hospital in Lee’s Summit, Missouri.  Her medical treatment included an orthopedic surgeon.  That surgeon performed an ORIF surgery (Open Reduction Internal Fixation) of the fracture of the femur in her right leg (a break in the biggest leg bone).  Metal screws and plates were “fixed” to keep her femur, leg bone together.  Mrs. Miller took prescription medications.  Mrs. Miller had follow-up physical therapy in Belton, Missouri.  She saw her primary care physician.

Our Example – Chronic Pain

The aftermath: Jennifer Miller suffers chronic problems in spite of the large effort she undertook to recover from her broken leg and broken foot.  Mrs. Miller suffers complications by way of chronic knee pain (caused by nerve damage).  She has chronic ankle pain from her broken foot bones.  She has had to overcome a bone infection known as osteomyelitis.  This has increased her medical treatment bills.  It has increased her recovery time.  She has chronic pain.

In Comes the Accident Lawyer

Mrs. Miller, as a victim of a motor vehicle accident, hired a personal injury lawyer skilled in Belton car accidents.  His job was to help with the claim.  The accident lawyer investigated.  He gathered evidence.  He submitted a detailed demand letter to Mr. Johnson’s insurer for his policy limits.

Why the Insurance Company Denied Her Claim

Mr. Shane Johnson had an insurance policy that featured a common policy clause.  That clause reads that “bodily injury or property damage intended by, or reasonably expected to result from the intentional or criminal acts or admissions of an insured person, shall be excluded by this policy.”  Exclusion policy clauses like this apply irrespective of whether the insured person was actually charged with, or convicted of a crime.

In this case, Mr. Shane Johnson was indeed charged with, and convicted of the crimes of driving while intoxicated, and careless and imprudent driving.  The insurance policy exclusion specifically stated it precluded coverage for all insured persons, even if the person seeking coverage did not participate in the intentional or criminal act.

The insurance company denied Jennifer Miller’s claim.  The insurer stated there is no policy money to give, because the policy did not apply, because Shane Johnson had acted intentionally and criminally.

The Law on Criminal Act Insurance Policy Exclusions

An insurance company, in Missouri, has a duty to defend an insured whenever there is a potential or possible liability to pay, based upon the facts known at the outset of the case.  The duty to defend is not dependent upon the probable liability to pay, or based upon facts ascertained only through trial.  It is from the initial facts.  McCormick Baron Mgmt. Servs., Inc. v. Amer. Guarantee & Liab. Ins. Co., 989 S.W.2d 168, 170 (Mo. banc 1999).

An insurance company does not have a duty to defend a lawsuit; where the petition (or initial claim), upon its face, alleges a set of facts which fail to bring the case within the coverage of its policy.  Train Wreck West, Inc. v. Burlington Ins. Co., 235 S.W.3d 33, 42 (Mo. App. E.D. 2007).

Merely mentioning the word “negligence” does not trigger the duty to defend or pay a claim.  Instead, the duty to defend, or pay an insurance claim, arises from the actual factual allegations presented through the demand letter, or investigation by the insurer.  If that demand letter, or investigation demonstrates intentional conduct, an insurance exclusion may apply. See Allen v. Continental W. Ins. Co., No. ED 99111, 2013 WL 1803476, * 6 (Mo. App. E.D. 2013).  In our case, the claim of Jennifer Miller revealed facts of intentional, criminal conduct by Shane Johnson, which could activate the criminal and intentional act exclusion of his car insurance policy.

The Law Does Not Allow People to Insure for their Intentional Crimes

“Missouri courts have consistently held that an insured’s intentional infliction of damage … cannot be covered by liability insurance.”  Easley v. Am. Family Mut. Ins. Co., 847 S.W.2d 811, 812 (Mo. App. W.D. 1992).  “Permitting an insured to insure himself against his wanton, reckless, or willful acts would enable him to insure himself from bearing the consequences of his intentional acts and would therefore, be contrary to public policy.” Easley, 847 S.W.2d at 812.  In other words, an insurer is not liable for an insured’s conduct when the insured acted volitionally and within intent to injure.  See State Farm Fire & Cas. Co. v. Caley, 936 S.W.2d 250, 253 (Mo. App. W.D. 1997).  What is more, under this case, intentional conduct cannot later be characterized by the victim or their attorney as negligence merely because the damage resulted was greater than or different then what was intended by the insured.  Thus, Shane Johnson cannot say he did not intend to harm Jennifer Miller and did not intend to injury her so severely and therefore his conduct was not intentional or criminal.  It is the act itself, rather than the consequences of the action, which determines insurance applicability.

No Insurance Duty to Defend or Pay for Crime

Under these circumstances, the insurer of the person that harmed Jennifer Miller was under no duty to defend him or pay the claim resulting from the Belton car accident he caused.  Shane Johnson’s actions were intentional, criminal conduct.  He admitted the criminal nature of his conduct by pleading guilty in Belton Municipal Court.  Res judicata applied, as his intentional conduct was solidified by his conviction in criminal court.  Thus, the insurance provided no claim money based upon the applicability of the intentional act exclusion under Shane’s insurance policy.

What To Do: Avoid the Policy Exclusion For Intentional Conduct

The best personal injury lawyer for a car accident should successfully avoid the criminal act insurance exclusion problem.  The first step is to recognize the issue.  Then, one must prepare in advance.  At each stage of the investigation; the demand letter, the pleadings, and evidence presented, the facts should be framed to make the person that caused the injury look negligent, but not criminal.  You make them look evil; you may lose all the money.

A competent car accident lawyer will begin by framing his demand letter by using the Missouri Approved Instructions for a jury verdict.  This demand letter language, and the evidence supporting it will emphasize the negligence claims and not overtly claim intentional conduct.  The accident lawyer should frame the guilty plea as a guilty plea to negligence.  He should frame the conviction as deciding the issue of negligence.  Under Missouri law, ambiguities in an insurance policy are interpreted to benefit coverage and to avoid exclusions.

Your In-Court Pleadings Should Allege Negligence and Not Intentional Crime

It is often the case that negotiations will not successfully settle a personal injury car accident.  A lawsuit will need to be filed.  A pleading called a “Petition for Damages” will need to be prepared and filed with the court.  Your Petition will set out the ways in which the person (here, Shane Johnson) was neglectful in his driving and failed to drive as a very careful person with the highest degree of care (which is Missouri’s standard).

The Petition for Damages should not focus on intentional conduct.  It should not focus on a crime or the conviction.  The deposition of each witness should follow a similar strategy.  A deposition, which is a formal, on the record, under oath recording of the person’s testimony, will occur.  That deposition should focus on the neglectful and careless acts of the defendant, but not focus on intentional or criminal conduct.

Walking to the Precipice with Punitive Damages

Punitive damages often are and should be pled and pursued in a case.  Punitive damage claims with an underlying criminal act insurance clause does require a very skilled personal injury lawyer.  Punitive damages are damages at or above the amount actually suffered by the victim.  They are additional damages to be paid, in part, to the victim to punish the bad acts of the person who harmed them.  The policy supporting punitive damages aims to detour other persons from engaging in evil conduct in the future.  Punitive damages help society.

 The Test to Prove Punitive Damages

The test for punitive damages in Missouri requires clear and convincing proof of culpable mental state.  Drury v Missouri Youth Soccer Association, 259 S.W.3d 558, 573 (Mo. App. 2008).  The standard to prove punitive damages is very close to the standard to prove intentional, criminal conduct.  The law requires a conclusion that the defendant had an “evil motive.”  Davis v. Chatter Inc., 270 S.W.3d 471, 480 (Mo. App. WD 2008).  The test is to show either that the defendant committed an intentional, wanton, willful, and outrageous act without justification, or acted with reckless disregard for the victim’s rights and interests.”  Calus v Intrigue Hotels, LLC, 328 S.W.3d 777, 783 (Mo. App. W.D. 2010).  One can see how the facts needed to prove a punitive damages claim mirror the facts to exclude insurance through intentional, criminal conduct.  “Threading this needle” may take the skills of the best personal injury lawyer for a car accident.  It should be planned for in advance, in great specificity.

An Example – Suing O.J. Simpson for Murder

One may remember from the early 1990’s; O.J. Simpson was accused of murdering his wife and her male companion.  A trial resulted which ended in OJ’s acquittal on criminal charges.  Fewer people know that a later civil case was filed against OJ Simpson by the wrongful death class of the victims’ heirs.  This wrongful death civil case did not allege O.J. Simpson intentionally, criminally killed the two people.  Instead the claim pulled back a bit.  The wrongful death class asserted reckless conduct.  A large settlement was paid.  This is an example of careful pleading in the light of criminal act insurance exclusions.

What to do?

Most personal injury and wrongful death claims will not involve actions so egregious as to give rise to the potential for an insurance exclusion for intentional or criminal conduct.  However; crimes occur.  People harm intentionally.  Bad people purposely injure, even kill others.

Those harms need to be compensated.  Victim damages must be recouped.  Families need to be helped.  In these situations, one must not merely charge ahead and paint the person who did the harm as evil and intentionally acting.  Care should be taken to plan the path to achieve the end result you wish.  The goal should not be revenge.  The goal should be successfully winning compensation, using the legal system to avoid these pitfalls.  Begin with the end in mind.

Matt Hamilton

  • Juris Doctor
  • Trial Lawyer

9 Surprising Speeding Ticket Facts

Posted on by Matt Hamilton

9 Surprising Facts about Speeding Tickets

#1 The First Ever Speeding Ticket was Slow

Speeding tickets have been around since May 20, 1899.  That speeding ticket was in the Supreme Court of New York, in downtown Manhattan.

The driver was speeding 12 miles per hour in 8 miles per hour zone.  He was arrested.  He was imprisoned.  He was released a few days later.

 

#2 The World Speeding Ticket Record is Recent, and Huge!

What appears to be a new world record was set this year by a 25 year old British tourist in the country of Dubai.  He racked up 33 speeding violations in just 4 hours on July 31, 2018.   He was driving a yellow Lamborghini Huracan.  He is facing over $45,000.00 in speeding ticket fines.  He speed ranged from 78 mph to 142 mph, depending upon the ticket.

Dubai has several interesting aspects that allow for this record.

  • First, they typically do not have individual police officers pulling people over for citations.  Rather, they have cameras that document the speed, driver, and vehicle, and then automatically issue the ticket.
  • Second, Dubai is a relatively small area with large resources.  Therefore, there are many speeding cameras.  There is a small amount of space to get caught.  It is possible to get caught on many occasions in a short period of time.
  • Third, Dubai as a country has what is called in rem jurisdiction over speeding tickets.  This means the property (the Lamborghini race car) is primarily found to be at fault rather than the driver himself.  This explains why the Lamborghini remains parked in front of the tourist’s hotel.  Any one claiming it also must claim the tickets.

This world record may stand.  This is an average of getting a speeding ticket every 7 minutes and 27 seconds, without a break, for 4 consecutive hours.  This is a cost of $187.50 per minute for speeding tickets for 4 consecutive hours.  This record may stand.

#3 A Huge Number of Speeding Tickets get Written

42 million speeding tickets are issued in the United States on a yearly basis.  That is 36 percent of drivers, assuming one speeding ticket per driver.  In reality, 20.6 percent of drivers average a speeding ticket per year.  Each day, over 112,328 speeding tickets are cited from municipal police officers, sheriff’s deputies, and highway patrol troopers. There are 196 million licensed drivers in the United States.

#4 Speeding Actually Is Dangerous

Speeding has a direct impact on auto accidents.  Speeding is a cause in nearly 30 percent of all wrongful death auto accident collisions.  Speeding contributes to cause over 9,944 deaths per year.

#5 Speeding is Big Money Lost; Big Money Gained

The National Highway Transportation Safety Administration along with its Traffic Security Administration estimates cost at $41,000,000,000.00 (41 billion dollars) per year in auto accident damages in the United States contributed by speeding.  Governments, be they city, county, or state collect $6,232,000,000.00 (6.2 billion dollars) in revenue from speeding tickets each year.

#6      Police officers apparently Do Give tickets to raise money for their town?

The process is called “fundraising.”  It is a term for when local city police officers pull over more people and give out more tickets (rather than warnings) to raise money for their local government.  This is distinguished from giving speeding tickets for safety or for law enforcement.

A study by George Mason University looked to over 60,000 tickets issued since the year 2001.  Dr. Michael Makowsky and Professor Thomas Stratmann looked to this in their similar article “Political Economy at Any Speed:  What Determines Traffic Citations”  It was found that there is a statistical link between city finances and the likelihood that any city police department will issue a ticket.  Money matters.  The study focused on when police officers issued warnings versus issued speeding tickets.  It was found that when city finances are low, traffic ticket issuing goes up.

#7 Speeding Ticket Costs Vary Wildly

The average cost for a speeding ticket, assuming it is a guilty plea and a conviction, is $152.00 per speeding ticket.  Maximum speeding ticket fine potential varies considerably by state.

The most expensive states are as follows:

  1. Virginia – $1,350.00
  2. North Carolina – $1,000.00
  3. Georgia – $1,000.00
  4. Illinois – $1,000.00
  5. New York – $1,000.00
  6. Nevada – $1,000.00

The least expensive state jurisdictions for a speeding ticket are as follows:

  1. Tennessee – $50.00
  2. Kentucky – $100.00
  3. Idaho – $100.00
  4. Colorado – $100.00

#8 Some Police Mistakes Do Not Matter

What kinds of mistakes can a traffic ticket police officer make and yet still have a good ticket against you?  The primary, “non-fatal” speeding ticket mistakes are as follows:

  1. A misspelled name
  2. Inaccurate address
  3. Inaccurate driver’s license number
  4. Inaccurate license’s plate
  5. Wrong vehicle make or wrong vehicle model

#9 Some Police Mistakes Can Get a Ticket Dismissed

Whether a traffic ticket is dismissed at trial is up to the particular judge in the jurisdiction in which you received your ticket.  However, some types of mistakes made by traffic ticket police officers are most likely to result in a dismissal of your traffic ticket.  The most likely mistakes causing a dismissal are as follows:

  1. Police officer fails to write down the speed
  2. Police officer fails to sign the traffic ticket
  3. Police officer fails to write down the name of the person who got the ticket
  4. Inaccurate fine amount written on the speeding ticket

What Should You Do when you get a Speeding Ticket?

From a financial stand point it is always better to hire a traffic ticket lawyer to amend your speeding tickets to non-moving violations.  These will keep these off your criminal record.  You can avoid a notation on your driving record.  You can avoid the assessment of points against your driver’s license.  You can save yourself money off of insurance premium rises.  With few exceptions, it is always better to have a traffic ticket lawyer amend a speeding ticket.

Author:  Matt Hamilton

What You Need to Know to Fix a Cass County Speeding Ticket in Harrisonville

Posted on by Matt Hamilton

What You Need to Know to Fix a Cass County Speeding Ticket in Harrisonville

Two types of law enforcement officers issue speeding tickets for Cass County, Missouri at Harrisonville.  These are Cass County Sheriff’s Deputies and Missouri State Highway Patrol Troopers.  Cass County Sheriff Deputy tickets go to Cass County court, which is handled by a different prosecutor than Highway Patrol tickets.  Highway Patrol Trooper speeding tickets go to the Cass County Circuit Court, Associate Division.

What Speeding Ticket Laws Apply for Cass County Court?

Two sets of laws in Missouri set the maximum speed limits for Cass County, Missouri.  These are as follows:

  1. Missouri Law 304.009 (no point speeding)
  2. Missouri Law 304.010 (full point law)

A famous Missouri case discusses these two laws and the distinctions between them.  It is State v. Patrick, 920 S.W.2d 633 (Mo. App. 1996).

Speeding Tickets that Assess No Points Against Your Driver’s License

Some speeding tickets assess no points against your driver’s license, even for a speeding ticket conviction in Cass County Circuit Court.  Speeding 5 mph or less is considered an infraction under Missouri law 304.010.  No court costs are assessed for violating a speed for less than 5 mph over.  Since this is an infraction, no points are assessed against your driving record.

  • Note that a court may issue a warrant for your failure to appear if you ignore a no point speed ticket.

Speeding Tickets that Do Assess Points Against Your Driver’s License

Speeding more than 5 mph over does assess points against your record.  A speeding ticket in Cass County Circuit Court will assess three points against your driving record.  Eight points will suspend your driver’s license.  Twelve points will revoke your driver’s license.

Check the link to this article for a full explanation of the Missouri driver’s license points system as it relates to traffic tickets.

  • Note that a Missouri court opinion upheld the points assessed for a no points speeding violation in the case of Knierim v. James, 677 SW 2d 322 (Mo. banc 1984).

What if there is No Posted Speed Limit?

Cass County, Missouri has a number of roads and highways that are not marked by a speed limit sign.  Speeding limits for these are set in the following manner:

  1. Cass County rural interstates and freeways are 70 mph (I-49)
  2. Rural expressways are 65 mph
  3. Interstate highways within an urbanized are 60 mph
  4. All other roads and highways are 60 mph
  5. All roads that are two lanes and identified by a letter are 55 mph to 60 mph depending upon the county commission

R.S.Mo. 304.010(2); Phillips v. Henson, 30 S.W.2d 1065, 1068 (Mo. 1930).

What If The Posted Speed Limit is Wrong?

Missouri holds a rebuttable presumption that a posted speed limit is the legal speed limit.  State v. Ostdiek, 351 SW 3d 758 (Mo. App. 2011).  This means you are unlikely to succeed if you believe that a speeding ticket you have received in Cass County is wrong because the posted limit is different than the actual limit should be (say it conflicts with the statute, or is outside of city limits).

How to Choose the Best Traffic Lawyer for a Cass County Speeding Ticket

Choosing the right traffic lawyer for a Cass County, Missouri speeding ticket is an important decision.  Prices vary.  Competence varies.  A lawyer located in Cass County has an advantage, as he is more frequently in court and knows the persons, and procedures.  A traffic lawyer experienced with traffic tickets in Cass County (irrespective of his location) is another advantage.  You don’t want to pay a lawyer to learn how to handle your case.  You also want to choose a lawyer who is competent in regularly handles tickets like your ticket in Cass County.  That way you can be assured no unknown problems will come up that cannot be solved.  You want confirmation from a competent source that your driving record is clean, your criminal record is clean, and you have been assessed no points against your license.  This is especially true because a Cass County, Missouri speeding ticket is State offense.  It is three points instead of two.  It has greater repercussions for your driving record.  Handling it in the wrong way can harm you.  My advice is to trust a competent source.  Hire a competent Cass County traffic ticket lawyer.

Author:

Matt Hamilton

  • Trial Attorney
  • Juris Doctor

How to Sue for Malicious Prosecution (Criminal Charges)

Posted on by Matt Hamilton

HOW TO SUE FOR MALICIOUS PROSECUTION OF A CRIMINAL CASE

This article analyzes the legal standard for malicious prosecution in criminal cases and the barriers that must be crossed to successfully bring such a case.

People use the term “malicious prosecution” in two ways.  First, they use it for their friends and family for emotional support or a catharsis effect, to feel better about the stress and uncertainty of being accused of a crime, facing jail time, and losing money.  Second, people use malicious prosecution as an actual lawsuit to bring against law enforcement for the wrongful prosecution of crimes.  Malicious prosecution is actually a rare event when one considers the total number of criminal charges filed.

Common Reasons Underlying Malicious Prosecution in Criminal Cases

Criminal prosecutors falsely accuse or file charges against citizens for crimes they did not commit on an all too frequent basis.  I have seen this done for many reasons.  Some prosecutors are inexperienced and simply file charges whenever a file comes in front of them due to an inability to legally analyze the case.

Other prosecutors charge defendants with crimes that are more serious than what actually what happened.  This is done with the hope that they will later negotiate down the charges to what the prosecutor actually wants.  Sometimes it is for political reasons.  Other times it is spite.  I have even seen false charges filed because of incompetence.

The Test for Criminal Malicious Prosecution

The elements to bring a malicious prosecution in a criminal case are similar but difference than civil cases.  The easiest accurate way to understand the breakdown is through the Missouri Approved Instructions as follows:

First, the prosecutor must have instigated or continued bringing criminal charges against you that resulted in you winning, outright.

Second, that prosecutor must have acted “maliciously” and without “reasonable grounds.”

Third, you must have been damaged in a verifiable way.

Paraphrase of M.A.I. 23.07 (2000 Revised);

Fischer v. Maging Corporation, 631 S.W.2d 902 (Mo. App. 1982).

What Does “Maliciously” Mean?

The term maliciously means a different definition in a criminal case for malicious prosecution than a civil case.  Missouri Approved Instruction 16.01 (2) defines “maliciously” as acting intentionally with an evil motive, or acting with reckless indifference to the rights of others, or acting primarily for a purpose other than bringing an offender to justice.

The Supreme Court of Missouri in the case of Sanders v. Daniel International Corporation, 682 S.W.2d 803 (Mo. banc 1984) made the use of this definition a requirement if you want to get money for a malicious prosecution case arising out of a criminal prosecution.  The Sanders court ruled that “malice in law” is not sufficient for either actual money or punitive damages for a malicious prosecution case arising from a criminal prosecution.

This is different than a case where a civil prosecution for money is involved, which is held that malice in law is sufficient for liability in a civil setting.  See Proctor v. Stevens Employment Services, Inc., 712 S.W.2d 684 (Mo. banc 1986).

What Is “Reasonable Grounds” For Malicious Prosecution?

You must prove reasonable grounds were not available for the prosecution in order to get money from law enforcement for malicious prosecution of you.  Reasonable grounds means the existence of facts which would cause an ordinarily careful person to believe that you were guilty of the offense charged.

The test for reasonable grounds is similar to probable cause.  Analysis of whether reasonable grounds is available has been further explained by courts, such as:

Higgins v. Knickmeyer-Fleer Realty and Investment Co., 74 S.W.2d 805,813 (Mo. 1934); and

Haswell v. Liberty Mutual Ins. Co., 557 S.W.2d 628, 633 (Mo. banc 1977); and

Palcher v. JC Nichols Co., 783 S.W.2d 166 (Mo. App. 1990).

Can I Receive Punitive Damages For My Criminal Malicious Prosecution Case?

Punitive damages are difficult to get.  First, there is the differing standard, requiring you to prove them wrong by “clear and convincing” evidence.  Second, they are disfavored under the law as a matter of policy.  Sanders v. Daniel Int’l Corp., 682 S.W.2d 803, 806 (Mo. banc 1984).

Third, there is an additional standard for punitive damages in malicious prosecution cases where a crime has been alleged.  The Missouri Supreme Court in the case of Sanders ordered that mere legal malice is not enough. Id. To get punitive damages in a malicious prosecution case where the facts are based upon a criminal prosecution, requires evidence of “actual malice” or “malice in fact,” and not merely “legal malice.”

In other words, your criminal prosecution had to have been initiated primarily for the purpose other than bringing you to justice.  Law Enforcement had to have acted without reasonable grounds.  See also King v. Ryals, 981 S.W.2d 151 (Mo. App. 1998).

Why Does the Law Disfavor Malicious Prosecution of Law Enforcement?

The Supreme Court has repeatedly stated all courts should look with disfavor any case to bring law enforcement into check by giving compensation for malicious prosecution.  Sanders v. Daniel Int’l Corp., 682 S.W.2d 803, 806 (Mo. banc 1984).  This is official government policy.

Why is this you may ask?  The courts have stated they are favoring a policy supporting “uncovering and prosecuting crime.”  Sanders at 806; W. Dudley McCarter, Malicious Prosecution Actions Are Not Favored In The Law, 71 J. Mo. Bar 232 (2015).  For this reason, the court in which you file your malicious prosecution case will require strict compliance with the requisite elements we have detailed above.  Edwards v. Gerstein, 237 S.W.3d 580, 583 (Mo. banc 2007).

This is important for you to remember.  Often, victims will exclaim, “it’s obvious; anyone can see what law enforcement was doing.”   You will not get the benefit of people “connecting the dots” for you.  It will need actual, tangible evidence of each and every element.  For example, damages; you will need evidence that you actually lost money, and as a direct result of the prosecution.

How to Get Past Law Enforcement Immunity Arguments for Malicious Prosecution?

The Government does have a qualified immunity from lawsuits, such as section 1983 actions (federal law).  Malley v. Briggs, 475 U.S. 335, 340-41 (1986).  Expect law enforcement to argue immunity.  The prosecution will argue that law enforcement has arguable probable cause.  They may have been mistaken, but that they reasonably thought you committed the crime.   Dowell v. Lincoln County Maryland, 762 F.3d 770, 777 (8th Cir.  2014); Keil v. Triveline, 661 F.3d 981, 985-86 (8th Cir. 2011). 

Expect also that the court will lean in the government’s favor on this immunity issue.  However, immunity can be overcome.

Allege and show evidence that the actions of law enforcement violated a clearly established law.  Argue that any reasonable law enforcement official would have known of the legal breach.  Pearson v. Callahan, 555 U.S. 223, 231 (2009); Franks v. Delaware, 438 U.S. 154, 171 (1978).

The Need to Avoid Summary Judgment and How to Win

As you can see, it is very difficult to bring a malicious prosecution case against law enforcement.  This is not a matter where you expect the judge or the jury to “connect the dots” because it seems so obvious that they were wrong and you are right.

The prosecutor’s attorney will merely make a Rule 74.04 motion for summary judgment and ask the court to dismiss your case entirely.  This will work and you will lose unless you plan ahead and have ready solid evidence on each and every element we have described above.

Will My Case Settle?

I would not expect a settlement.  Remember that law enforcement will be represented by the State of Missouri. They will in essence have an unlimited budget.

I would expect a settlement only when it seems certain that they will lose and you will win at trial, and after a lengthy period of litigation.  Public political embarrassment (bad publicity) may help too.

Malicious Prosecution Cases Benefit Society

For these reasons, expect few attorneys to show enthusiasm about bringing a malicious prosecution case.  Still, there are instances where the wrongful act of law enforcement is obvious and provable.  In those circumstances, it is not only a good idea for you personally to bring the malicious prosecution case, but also it is good for society.

You will be a creating cautionary tale for law enforcement so that they do not take advantage of those less powerful than them.  I wish you luck in your efforts.

Matt Hamilton

Lake Winnebago Speeding & Traffic Tickets: How Much, and What to Do

Posted on by Matt Hamilton

What Does It Cost to Fix a Lake Winnebago Municipal Court Speeding Ticket?

Lake Winnebago Police Department issues many speeding tickets, mainly on Missouri 291 Highway south of Lee’s Summit.  These speeding tickets are processed through Lake Winnebago Municipal Court.  The cost of just paying a Lake Winnebago Municipal Court speeding ticket and not hiring a traffic lawyer is cheaper in the short run and much more expensive in the long run.  This article compares and contrasts the three types of tickets one can get for speeding in Lake Winnebago, Missouri.  This article provides essential information to decide whether to hire a Lake Winnebago traffic attorney.

Job #1 – What Type of Police Officer Gave you the Traffic Ticket?

Four types of police can issue speeding tickets within the city limits of Lake Winnebago, Missouri.  These four types of law enforcement officers are:

  1. Missouri State Highway Patrol Trooper,
  2. Jackson County Sheriff’s Deputy,
  3. Cass County Sheriff’s Deputy, or a
  4. Lake Winnebago Municipal Police Officer.

Job #2 – Police Type Determines What Court You are in

The type of police officer that gave you the Lake Winnebago ticket determines which of the four different courts is yours:

1.    Missouri State Highway Patrol Trooper?

You are in the Circuit Court of Jackson County at Independence or Circuit Court of Cass County at Harrisonville

2.    Jackson County Sheriff’s Deputy?

You will be in Jackson County Municipal Court in Independence

3.    Cass County Sheriff’s Deputy?

You need to go to the Circuit Court of Cass County at Harrisonville (County Court)

4.    Lake Winnebago Municipal Police Officer?

Your destination is Lake Winnebago Municipal Court

What are the Odds my Speeding Ticket is in Lake Winnebago Municipal Court?

The vast majority of speeding tickets within the city limits of Lake Winnebago are handed out by the municipal police department.  This will put you in Lake Winnebago Municipal Court.

Court is typically held on Wednesday mornings.

If you have one of the other types of tickets, visit our information on these particular courts:

  1. Circuit Court of Jackson County at Independence
  2. Jackson County Municipal Court
  3. Circuit Court of Cass County at Harrisonville

How Much will my Lake Winnebago Speeding Ticket Cost?

There are two categories of costs to determine how much you will spend for Lake Winnebago Municipal Court speeding ticket.

Just Pay It – No Lawyer:

Your first option is merely to pay the ticket.  Just paying means you are pleading guilty to the offense.  Just paying means you will be convicted of speeding.  This will give you the following costs:

1 to 10 miles per hour over equals $25.50

11 miles per hour over equals $104.00

12 miles per hour over equals $108.00

13 miles per hour over equals $112.00

14 miles per hour over equals $116.00

15 miles per hour over equals $120.00

16 miles per hour over equals $124.00

17 miles per hour over equals $128.00

18 miles per hour over equals $132.00

19 miles per hour over equals $136.00

20 miles per hour over equals $140.00

21 miles per hour and more is to be determined by the judge.

Don’t Forget – Court Costs:

There are always court costs in Lake Winnebago.  Costs are presently $24.50.

Hire a Lawyer – Pay Through the Lawyer:

The second category is to have a Lake Winnebago traffic attorney amend the citation down to a non-moving violation.  This means it will not appear on your criminal record.  It will not appear on your driving record.  No points will be assessed against your driver’s license.  You will not be at risk for an insurance premium hike from the speeding conviction.  You will not be a risk of losing your driver’s license through a suspension due to points.

Expect attorney’s fees of between $100.00 and $150.00 for a Lake Winnebago Municipal Court speeding ticket.  Additional attorney’s fees are common for multiple traffic tickets (no insurance, driving while suspended, etc.).

What will Happen to My Car Insurance if I Just Pay the Ticket?

A rise in insurance rates is common if you just pay a speeding ticket and get convicted.  The picture to the left includes a link to a detailed analysis of how much you should expect your car insurance to rise if you get a Lake Winnebago traffic ticket.  Click on it and find out.  Typical insurance rate price increases are as follows:

  • 1 to 14 miles per hour over equals 11% rise in insurance costs
  • 15 to 29 miles per hour over equals 12% rise in insurance costs
  • 30 miles per hour and more equals 15% rise in insurance costs

Who is the Best Traffic Lawyer for a Lake Winnebago Speeding Ticket?

serious looking over documentsThe closest traffic lawyers to Lake Winnebago Municipal Court are Hamilton and Associates of Pleasant Hill, Missouri.  Matt Hamilton along with his entire family lives in Lake Winnebago.  The Hamiltons have been regularly practicing in Lake Winnebago Municipal Court since the city was founded.

Hamilton has the best reputation for success in this municipal court.  Their cost is the best because of economics of scale because they regularly appear there.  Matt Hamilton, their chief traffic lawyer, can also answer questions about other traffic ticket types and specific questions regarding speeding.

816-540-4040

 

 

 

 

 

 

 

How Much Does My Insurance Go Up After a Ticket?

Posted on by Matt Hamilton

HOW MUCH WILL INSURANCE PREMIUM COSTS RISE FOR A TRAFFIC TICKET?

How much does points affect insurance?  A recent study of over 490,000 insurance quotes discovered the percentage insurance increase from different traffic ticket convictions.  The average results are as follows:

  • Careless and Imprudent Driving                22%
  • DUI / DWI               19%
  • Driving without a Valid License               18%
  • Careless Driving               16%
  • Failure to Stop               15%
  • Speeding 30 or more over               15%
  • Improper Turn               14%
  • Improper Passing               14%
  • Texting While Driving               14%
  • Following Too Closely               13%
  • Speeding 15 to 29 mph over               12%
  • Failure to Yield               9%
  • Driving Without Insurance               6%
  • Failing to Wear Seat Belt               3%

It is significant to note these insurance price increases are averages, meaning half the drivers convicted of these tickets had insurance rate increases MORE than the listed percentage.

HOW FAST YOU WERE SPEEDING MATTERS

Speeding tickets for faster speeds that appear on your driving record will raise your insurance premium costs more than convictions for lower speeds.  Speeding ticket convictions appear on a driving record typically in five mile per hour increments.

For example, a speeding ticket more than fifteen miles per hour over results in a premium increase of twelve percent.

% increase for 11-16 mph over 

Kansas = 16% or $224.00

Missouri = 10% or $125.00

% increase for 30 mph or more

Kansas   16% or $224.00

Missouri 11% or $136.00

WHAT FACTORS DO INSURANCE COMPANIES USE TO DETERMINE INSURANCE COSTS?

The amount of money you pay a car insurance company to insure your vehicle is calculated by a number of factors.  To start; the insurance company determines what they can know about you; that is, what they can find out about you.

Naturally, insurers cannot follow everyone around to see how and where they drive (yet).  So, insurance companies use “epidemiological” data.  In other words, insurance companies turn every individual customer into a series of numbers, or factors, add those numbers up, compare them to the general population for paid, at fault accidents, and WHOOSH, you have your vehicle insurance price.

The factors insurance companies use to determine your car insurance price include:

  • Driving Record
  • Credit Score
  • Age
  • Gender (sex)
  • Zip code – Location
  • How Much You Use Your Vehicle
  • Vehicle Type
  • Vehicle Mileage
  • Vehicle Engine Size
  • Type of Insurance Coverage You Buy
  • Your Deductible Amount
  • Whether Your Insurance Coverage has been Continuous
  • How you Pay for your Insurance (in full, installments, electronically, with credit card)
  • Accident History – Your Fault
  • Accident History – Not Your Fault

You cannot control many of these factors.  However, some factors you can control.  Importantly, these factors are NOT weighed evenly.  Some are more important than others.

YOUR DRIVING RECORD DRIVES YOUR INSURANCE COST

The presence of absence of traffic tickets on your driving record is perhaps the single most important factor in pricing your insurance.  You can have great control over what is on your driving record (with the help of a traffic lawyer).  This allows you great control over what you pay for insurance.

WHY DOES INSURANCE COST MORE AFTER A TRAFFIC TICKET?

Each driver insured on the road is categorized by insurance companies.  These companies seek to maximize their profit (the insurance premiums you pay), and minimize their costs (advertising for customers and paying accident claims).

Insurance companies insure hundreds of thousands to millions of drivers.  To manage this large number of driver profits and driver risks, insurers categorize people.  These categories pair factors known to the insurance company to increase the risk of an accident loss.  One of the primary risk factors is poor driving.  The way that poor driving becomes known to the insurance company is through the driving record.  Thus, drivers who do not hire a traffic lawyer, and are thus convicted of a ticket, place themselves in a higher driving-risk group.  That higher risk group pays more for car insurance.

HOW MUCH DO INSURANCE COSTS GO UP AFTER A SPEEDING TICKET CONVICTION?

Another recent study considered quotes from the five states with the highest population.  A comparison was made between drivers with a clean record versus drivers with one speeding conviction on their record (6-10 mph over).

The average car insurance policy costs $1,783 per year.

The results are as follows:

Ranking                State                     Average Annual Insurance Rate Increase

1                            Illinois                  $54 more yearly

2                            New York            $159 more yearly

3                            Texas                    $175 more yearly

4                            California            $353 more yearly

5                            Florida                  $617 more yearly

NOTE:   Insurance costs rise even higher with higher speeds and multiple tickets

MULTIPLE SPEEDING TICKET CONVICTIONS COMPOUND THE ADDED INSURANCE COST INCREASE

Certain insurers have a category known as the “high risk driver.” These are classified on three-year basis.  For two speeding tickets, the average increase was 43%, twice the increase of just one ticket.

WHEN WILL YOUR CAR INSURANCE COSTS INCREASE AFTER A TRAFFIC TICKET?

The typical time of an insurance increase is when the car insurance policy renews.  That is, when the insurer assesses your risk.  Thus, for a driver who “just pays” a speeding ticket, and gets a conviction, it is perhaps wiser to keep their insurance as is, and thus the lower rate, until the policy renews (expires).  Some insurers may even keep lower rates for returning customers, though there is no data to support this.

Interesting Note: This study found that car insurance rates rise 22 to 30 percent, on average, after a single speeding ticket conviction.

HOW LONG WILL MY CAR INSURANCE STAY HIGH AFTER A TRAFFIC TICKET CONVICTION?

Most insurance companies raise premium quotes by looking back three years.  However, if your insurance costs rise, and you still pay the higher expensive insurance, it is reasonable to expect the insurance company to take your money for as long as it can … so, indefinitely.

 

SAFE DRIVER DISCOUNT POLICIES ARE ESPECIALLY VULNERABLE

There is another cost factor, other than insurance premium cost increases.  You may lose your “safe driver” discount.  The average “safe driver” discount is 25%, or $446.  Thus, one speeding ticket would result in a rate increase of 34%, or $605.

STATE MANDATED INSURANCE MAY INCREASE COST

State governments mandate coverage for many, if not all drivers.  This is to ensure that persons on the road have the ability, should an accident occur, to pay for accident damages.  This is to further the state public policy of compensating innocent victims and not making those victims dependent on state assistance.

Various states have enacted laws, such as Missouri’s MVFRL, to mandate this public policy.  Such high-risk insurance plans, such as SR-22 plans, are also more expensive.

WHAT COMPANIES OFFER THE CHEAPEST INSURANCE IF I HAVE A SPEEDING TICKET ON MY RECORD?

First speeding ticket insurance matters.  The rates of various insurance providers after your first speeding ticket has been discovered.  Thus, we know the cheapest car insurance company for speeding ticket convictions.

The 6 top insurers differ in the treatment of a 16-19 over speeding ticket as follows:

  • Nationwide = 19%
  • AllState =        20%
  • Farmer’s =      24%
  • State Farm =  27%
  • Progressive = 31%
  • GEICO =         31%

WHY DOES A SPEEDING TICKET MAKE MY INSURANCE COSTS RISE?

Insurance costs are based upon risk.  Risk is calculated by actuaries.  Actuaries base their cost estimates on previous behavior that the company has assessed increases the likelihood that the insurance company will have to pay a claim during the insurance period.  The riskier you appear; the more you pay for insurance.

The amount you pay for auto insurance (your premium) is based in large part on how risky you appear to the insurer.  Insurance companies have a limited number of ways at their disposal to evaluate drivers.  The insurer does not know how well you see, how fast your reactions are, your level of wisdom, or your focus.  The insurance company does know what type of car you drive, where you live, your claims history, and yes, your driving record.

Insurance company actuaries, whose job it is to calculate risk, have worked out that drivers who have traffic tickets on their driving record are more likely to get into an accident, and more likely to cost the insurance company money.  Insurers check driving records periodically.  When your record gets worse, you pay more.

SPEEDING TICKET CONVICTIONS DISQUALIFY COST REDUCTIONS

Just paying speeding tickets costs money other than premium cost increases.  More experienced drivers often qualify for cost reduction savings from insurance.  However, a driving record that shows traffic ticket convictions often eliminates the driver from these insurance saving discounts.

TRAFFIC TICKET CONVICTIONS CAN REDUCE INSURANCE COVERAGE

 Insurance companies use different policies for different types of drivers.  Some policies are very “pro-driver” and give great accident coverage.  Other types of insurance policies are less generous.

Those “bad driver” policies provide less insurance coverage, cover fewer types of accidents, and make claims more difficult to pursue.  Thus, getting a traffic ticket on your record may force you to accept lower quality insurance.

WILL A TRAFFIC TICKET FROM ANOTHER STATE RAISE MY INSURANCE PRICE?

Two driver license programs exist in the United States that share driving record information.  Those programs are:

  • Non-Resident Violator Compact (NRVC)
  • Driver License Compact (DLC)

These two programs have been adopted by forty-four of the fifty states, along with the District of Columbia.  This means that an out of state traffic ticket conviction will appear on your driving record, unless you are from one of the six non-participating states.

The non-participating states are:

  1. Alaska
  2. California
  3. Michigan
  4. Montana
  5. Oregon
  6. Wisconsin

WHAT TO DO

Shop Around:

Shopping around to various insurance companies can help.  Different companies calculate risk differently.  Different insurers have different information in their databases.  Insurance companies also know it is more expensive to get a new customer than keep one.  Changing your insurer can reduce your cost.

Change Your Insurance Coverages:

Increasing the insurance deductible will reduce your premium costs.  Studies have found that raising a deductible from $250.00 to $500.00 can reduce insurance premium costs by thirty percent.  Dropping property coverage entirely is another option.  If your vehicle has high mileage, or is many years old, it may not make financial sense to pay for insurance to repair or replace the vehicle.

Hire a Traffic Ticket Lawyer:

You may also wish to hire a traffic ticket lawyer from your area.  The best attorneys can even erase traffic ticket convictions from a driving record.  Certainly, the added cost of the attorney’s fee, fines, and court costs will be less than the added insurance cost, over time.

Author:

Matt Hamilton

  • Trial Attorney
  • Juris Doctor

Citations:

Nancy Dunham of Yahoo Finance, How Much That Traffic Ticket Could Hike Your Insurance Rates – and What to Do About it, June 28, 2017

Carinsurance.com, How much does insurance go up after a speeding ticket? September 19, 2018

Allstate.com, I Got a Speeding Ticket. Will it Affect My Insurance? December 2017

Consumer Financial Protection Bureau

National Association of Insurance Commissioners

Insurance Information Institute

NerdWallet, Comparing Auto Insurance Rates After Speeding Tickets, July 10, 2015

Progressive.com, What Impacts Your Car Insurance Price

Progressive.com, Do Speeding Ticket Affect Insurance Rates

Esurance.com, Car Insurance, How long will a moving violation affect my car insurance premium?

Jim Gorzelany, Forbes, Got a Ticket? Here’s How Much your Car Insurance Premiums Will Increase. (May 17, 2012)

Krystal Steinmetz, What a Speeding Ticket Does to Your Car Insurance Rates. April 14, 2016.

Kevin Mercadante, How Much Do Speeding Tickets Affect Your Insurance? September 19, 2017

Methodology: Quadrant information services to field rates from 6 major insurers in 10 zip codes in every state for a 2017 Honda Accord, age 40 with good credit and $500 deductible.  Increases are shown as an average from base rate.

Belton Municipal Court Traffic Tickets: A Practical Guide

Posted on by Matt Hamilton

Belton Municipal Court Traffic Tickets: 

A Practical Guide

 It is common to receive a traffic ticket in Belton, Missouri.  The majority of these tickets are speeding; however they range from stop sign tickets all the way to driving while intoxicated.  This guide provides a quick outline of how to approach Belton Municipal Court traffic tickets.  The goal is to inform you to make the decisions best for you.

Should I sign the traffic ticket?

At its bottom; a Belton Municipal Court traffic ticket will have a line for you to sign.  Some people express concern that this is admission of their guilt and do not want to sign it.  The signature is your promise to show up for Belton Municipal Court on your court date.  It is known as a “signature bond.”  It is the alternative to getting arrested and posting a cash bond.  I encourage you to sign the ticket.  It is not an admission of guilt.

Should I ask the police officer questions about his speeding radar or laser?

Belton Police Department uses both laser and standing radar to gauge vehicle speed and issue tickets.  The trend is moving toward all laser tickets.  There is no need to investigate the type of machinery used when pulled over by a Belton police officer.  Claiming an error in the speed assessment device is an ineffective strategy for a non-lawyer.

Should I “negotiate” with the Belton cop?

Belton police officers have the discretion to either write a warning or issue a citation.  You may see our article on speeding ticket trends for interesting facts on when a police officer issue warnings versus citations.

There is no clear path to choose to get a warning versus being cited for speeding or another traffic ticket.  However, your chances of avoiding a costly ticket increase when you are polite, cooperative, and have a valid reason for why you were violating a traffic law.  Otherwise, you will either receive a warning or a traffic ticket and are unlikely to affect the result.

Should I fight my Belton Municipal Court ticket by going to trial myself?

My traffic ticket law firm has been handling Belton Municipal Court traffic tickets since 1969.  I have seen judges in Kansas City Municipal Court routinely dismiss tickets when the police officer does not show or cannot remember the precise ticket.  These techniques do not appear effective in Belton Municipal Court.

Moreover, from a lawyer’s perspective, it is technically difficult to go to trial on a speeding ticket case.  This may surprise you.  However, the primary defenses are evidence-admissibility-based.  These techniques rely upon the city’s prosecuting attorney failing to make an evidentiary foundation basis for the evidence he wishes to admit.

Bill Marshall is the prosecutor of Belton Municipal Court. He has been laying evidence foundation in traffic cases for nearly 40 years.  Doing research on the internet and learning a few tricks will not surpass his vast knowledge of how to win a traffic ticket case.  Moreover, if you go to trial, it will not be possible for a later attorney to set aside the finding of guilt against you, set aside your conviction, and amend your ticket to a non-moving violation.  You are unlikely to win a speeding ticket trial, alone.

What if the police officer fails to show for court?

Traffic ticket cases in Belton Municipal Court are not immediately set for trial.  The first several court dates will be status hearings.  This means the prosecution does not need to be ready with its witness and document evidence for trial.  Rather, they are preliminary hearings set by Judge Curry to determine the direction the case will go, to give the defendant time to prepare, and time to save money.

Only when the case is set for trial does the police officer need to be there.  It is my experience that Judge Curry will give the city prosecuting attorney a one-time continuance, even at trial, if the police officer fails to show for some reason.  It will take being lucky twice, having the police officer not show up for either trial date, to win using this technique.  This is a strategy unlikely to win, however it is possible.

What does a Belton Municipal Court traffic lawyer cost?

Traffic tickets vary in the amount of work they take; thus, traffic ticket prices vary.  The least expensive traffic tickets, such as speeding, stop signs, and lane violations, cost between $100.00 and $150.00 for the attorney’s fee.  Expect approximately $225.00 in fines and court costs added to that.

More serious traffic offenses such as following too close, motor vehicle accidents, careless and imprudent driving, and driving while suspended take extra work by the attorney.  The attorney’s fees will vary, based upon the individual workload of each case.  Expect to pay between $250.00 and $1,000.00, for attorney’s fees depending upon the case.  Driving while suspended or under the influence should cost at least $1,500 to $1,800.  Luckily for you, there is not a large increase in the fines and court costs amount for Belton cases of medium seriousness.

Can I negotiate my traffic ticket myself in Belton Municipal Court?

You cannot negotiate a traffic ticket as the defendant personally in Belton Municipal Court.  It is true it is possible to negotiate your own ticket in courts, such as Olathe Municipal Court, Leawood Municipal Court, and Lenexa Municipal Court.  However, those are Kansas courts, under Kansas laws, under Kansas ethical standards.  Missouri courts do not follow this (nor do virtually any other courts).

Your choices are to:

  1. Handle the case yourself before the judge
  2. Hire a traffic lawyer and have them handle it
  3. Pay to the ticket and be convicted

What happens if I just pay my ticket in Belton Municipal Court?

Paying a traffic citation in Belton Municipal Court is a conviction.  For moving violations, these assess between two points and twelve points on your driving license.  This can result in a suspension.  It can result in a revocation of your license.  Paying a traffic ticket without an amendment is also a permanent placement on your driving record.

Click on this icon to see our article on points to determine the seriousness of just paying your ticket.

“Just paying” your Belton traffic ticket will also cause a conviction to permanently appear on your criminal record.

Do I personally have to appear in Belton Municipal Court?

You will have to personally appear at Belton Municipal Court if you do not hire a traffic lawyer.  Otherwise, you will have to personally appear.

Who is the best Belton traffic ticket lawyer?

There are a number of lawyers that handle traffic tickets for Belton Municipal Court.  The “best” traffic ticket lawyer for you will depending upon several factors:

  1. The lawyer you like the best
  2. A local lawyer is better than a non-local lawyer
  3. The seriousness of your case – a more serious case will require a more skilled lawyer
  4. The potential repercussions for you personally.  The greater the risk to you; the more competent attorney you will need.

The Belton traffic ticket lawyers at Hamilton and Associates have been handling Belton Municipal Court since 1969.  We regularly appear in Belton court.  We have developed positive relationship with the judge, prosecutor, clerks, and staff.  This familiarity eases the process for our clients.  We have as much success as any law firm for Belton Municipal Court.

In the end, it is a personal decision by you.  Hire the lawyer you have the most competence in, who has competence with your type of case, and fits your needs.

Matt on the Phone widescreen

Author:

Matt Hamilton

  • Juris Doctor
  • Trial Attorney

When Should I Lie to My Lawyer?

Posted on by Matt Hamilton

Trial attorney Matt Hamilton explains the reasons, advantages, disadvantages, and issues that arise from the common occurrence of a client who lies to their own attorney.

The common reasons are explained.  The repercussions of the lies on litigation, and case value are explored.

This is a good investment of time for any victim considering telling a lie to their lawyer.  It is good knowledge for any attorney practicing in wrongful death, personal injury, or criminal defense; basically, any field where client interaction is high and the stakes are great.

Matt Hamilton

  • Juris Doctor
  • Trial Attorney

How Much Will a Greenwood Speeding Ticket Cost Me?

Posted on by Matt Hamilton

How much does a Greenwood Missouri speeding ticket cost?

This article assists the decision of whether to just pay a Greenwood, Missouri traffic ticket versus hiring a Greenwood traffic lawyer to “fix” the ticket.  It analyzes the pros and cons.  This article cites to sources for specific numbers and references.

The Advantages of Just Paying a Greenwood Traffic Ticket

People often choose to just pay speeding tickets in Greenwood Municipal Court.  Paying the traffic ticket is less expensive in the short term.  It is less effort than finding a Greenwood traffic attorney, calling, talking with them, and arranging to fix the ticket.  Just paying a traffic ticket is faster.  You won’t have to wait for a court date for the attorney to amend the citation.  You won’t have to wait for confirmation that the ticket is resolved.

The Disadvantages of Just Paying a Greenwood Speeding Ticket

Paying a ticket is the same as pleading guilty in open court.  This is a conviction that will permanently appear on driving record.  It is a conviction that will permanently appear on your criminal record.  Points will be assessed against your license.  The number of points will depend upon the type of police officer that gave you your speeding ticket in Greenwood, Missouri.  Expect for your insurance premium costs to rise.  Employers looking to hire increasingly look at driving records.  Employers look at criminal records.  Landlords, banks, and loan officers also look to these records.  The cleaner your record is; the better off you will be.

What a Greenwood Traffic Lawyer can do for you

A Greenwood traffic ticket lawyer can amend your speeding ticket to a non-moving violation.  This will not be a guilty plea to any crime.  Points will not be assessed against your driver’s license.  No notation will be made on your criminal record.  You will pay more.

What kind of police officer gave you your speeding ticket MATTERS

Four types of law enforcement officers give speeding tickets in and around Greenwood, Missouri.

First, the Missouri State Highway Patrol drives along the highways, namely 150 Highway, and its adjoining roads.  Highway Patrol traffic tickets go to the Circuit Court of Jackson County at Independence.

The second type of police officer that gives traffic tickets in Greenwood is a Jackson County Missouri Sheriff’s Deputy.  Deputies patrol anywhere in Greenwood inside the city limits or outside, north of the Cass County border.  Jackson County Sheriff tickets go to Jackson County Municipal Court in Independence.

The third type of law enforcement officer who gives Greenwood traffic tickets is a Cass County Missouri Sheriff’s deputy.  Part of Greenwood lies within Cass County.  These citations go to the Circuit Court of Cass County at Harrisonville.  However, note, the Sheriff’s traffic tickets do not go to the State Prosecutor’s Office, but rather the County Prosecutor (not elected, but hired).  It is unusual to have either a Missouri State Highway Patrol Trooper or a County Sheriff give Greenwood speeding tickets.

The vast majority of speeding tickets out of Greenwood Missouri are handed out by the fourth type of police officer, that being the Municipal Police Department of Greenwood.  Those citations go to Greenwood Municipal Court.

How Much are Greenwood Municipal Court Fines and Court Costs?

Speeding ticket costs in Greenwood are as follows:

1 to 10 miles per hour over the posted speed equals   $103.00

11 miles per hour over the posted speed equals         $109.00

12 miles per hour over the posted speed equals         $115.00

13 miles per hour over the posted speed equals         $121.00

14 miles per hour over the posted speed equals         $127.00

15 miles per hour over the posted speed equals         $133.00

16 miles per hour over the posted speed equals         $139.00

17 miles per hour over the posted speed equals         $145.00

18 miles per hour over the posted speed equals         $151.00

19 miles per hour over the posted speed equals         $157.00

These fines will change if you hire a Greenwood traffic attorney to amend your citation down to a non-moving charge.  Your court costs of $26.50 should remain equal whether an attorney handles it or whether you pay it yourself.  However, expect to pay $225.00 for your fine to have a Greenwood traffic lawyer amend your citation down.

Do I have to Personally Go to Greenwood Municipal Court?

Court is held on Tuesday evenings.  You will not need to show up for court if you hire a lawyer.  You must show up for court if you do not hire a lawyer.

How Many Points will I Lose Off My License if I just Pay my Greenwood Speeding Ticket?

A Greenwood Municipal Court speeding violation will assess two points against your license if you merely pay it and do not hire a Greenwood traffic lawyer.  Speeding tickets from a Sheriff’s Deputy are assessed two points off one’s driver’s license.  A speeding ticket from a Missouri State Highway Patrol Officer is three points off one’s driver’s license.

Hiring a Greenwood lawyer will help keep your insurance premiums low.

A number of studies have been done by the insurance industry and government to determine whether pleading guilty and getting convicted of a traffic ticket, like a Greenwood speeding ticket, will raise your insurance rates.  It was traditionally the view that this may or may not raise rates.  The studies have shown that a conviction of even a municipal speeding ticket always raises insurance premium costs.

This insurance cost rise is typically as follows.

  1. 11% rise in insurance prices for 1 to 14 miles per hour over speeding

2. 12% rise in insurance prices for 15 to 20 miles per hour over speeding

  1. 15% rise in insurance prices for speeding tickets over 30 miles per hour over the limit.

How Much will I Pay if I Hire a Greenwood Traffic Lawyer?

Amending a speeding ticket down in municipal court should cost between $325.00 and $400.00, depending upon the circumstances.  This is attorney’s fees, court costs, and fines, combined.

How does the Cost of a Traffic Ticket With an Attorney Compare to the Cost Without an Attorney?

Short Term:  With the added cost of the lawyer’s fee, plus the higher fine from the court, plus court costs, to amend a speeding ticket in Greenwood should cost you between $110.00 and $200.00 more than just paying and getting convicted.

Long Term:   Now, look to how much you pay your auto insurance and compare your insurance cost over time with a regular rate rise of 11% to 15%.  This is the money savings from hiring the lawyer.

Money Wise: is it always better to Hire a Traffic Lawyer?

If you pay to carry auto insurance, it is always in your best interest to amend the speeding ticket down.  This is before the added punishments of losing a clean driving record, losing a clean criminal record, and potentially suspending your driver’s license.

Who is the Best Traffic Lawyer for a Greenwood Ticket?

The closest lawyers to Greenwood Municipal court are Hamilton and Associates of Pleasant Hill, Missouri.  Their telephone number is 816-540-4040.  Their website is law-kc.com.  They are located at 216 North Highway 7, Pleasant Hill, MO 64080.

Matt Hamilton, their chief traffic lawyer, regularly practices in Greenwood, Missouri and can amend speeding tickets more efficiently than other lawyers.  Mr. Hamilton can also answer questions when multiple tickets are received or more serious violations have occurred.

 

 

 

6 Silly Things People Do in Court

Posted on by Matt Hamilton

Personal injury trial attorney Matt Hamilton teaches the six silliest mistakes he sees people make in court.

Matt explains each mistake, why the error harms the person’s chances in court, and how each mistake can be avoided, or corrected.

Author:

Matt Hamilton

  • Trial Attorney
  • Juris Doctor

10 Unexpected Ways You Increase Your Chances of Getting a Speeding Ticket

Posted on by Matt Hamilton

10 Unexpected Ways You Increase Your Chances of Getting a Speeding Ticket

As a traffic ticket lawyer, every week brings work to keep a speeding tickets off a client’s driving record, criminal record, and keep points off of their license.  We either personally speed as we drive, or are surrounded by those who speed.  Yet, how much do we know about this most-common of driving vices?  Seven recent studies shed light on speeding, revealing fun, unexpected, and useful insight.  This article reveals the analysis of the combination, and illustrates the essence of the findings.

Here are ten ways speeding tickets are influenced.

FACT #1 There Actually Is an Ideal Speed to Drive

What is the ideal speed to get to your destination as fast as possible but avoid being ticketed?  Many drivers ask themselves this.  A huge recent study analyzed speeding tickets across locations.  The study reveals surprising speed results.

The most ticketed speeds are as follows:

  1. 15 miles per hour over equals 310,000 tickets
  2. 14 miles per hour over equals 150,000 tickets
  3. 16 miles per hour over equals 134,000 tickets
  4. 10 miles per hour over equals 77,000 tickets
  5. 9 miles per hour over equals 8,703 tickets

In short, it appears 9 miles per hour over is the sweet spot.

Keep it Under Nine!

Only 3% of speeding tickets are written for those driving 1 to 9 mph over.

Note:  A second study revealed the most common speeding ticket speed is 12 mph over, rather than 15mph over.

FACT #2 What Kind of Vehicle You Drive Matters

Some vehicles are targeted for speeding tickets more than others.

The biggest targets, most likely to be ticked for speeding are as follows:

  1. Mercedes Benz SL class = +404% more likely to get a speeding ticket
  2. Toyota Camry Solara = +350% more likely to get a speeding ticket
  3. Hyundai Scion TC = +343% more likely to get a speeding ticket

The vehicles least likely to get a speeding ticket are as follows:

  1. Jaguar XJ Sedan – 89% less likely to get a speeding ticket
  2. Chevrolet Suburban SUV – 84% less likely to get a speeding ticket
  3. Buick Park Avenue Sedan – 89% less likely to get a speeding ticket

FACT #3 Day of the Month Matter … A Lot!

What are the top days to get traffic tickets?

One surprising find is a large statistical difference in the number of traffic tickets issued when looking at the days of the month.  The top days to get a speeding ticket are as follows:

  1. The 31st
  2. The 30th
  3. The 1st
  4. The 28th
  5. The 11th

The last days of the month have a very large increase in the number of speeding tickets issued.  It appears the end of month ticket writing splurge, spills over to the 1st day of the next month.  No explanation for this is known.

What are the days you are least likely to receive a speeding ticket?

There is a large statistical drop in the chances of receiving a speeding ticket on the following days:

  1. The 10th
  2. The 25th
  3. The 12th
  4. The 14th
  5. The 19th

The reason for this precipitous speeding ticket drop is unknown.  However, it is both statistically significant and short lived.  You are, as a percentage, more than twice as likely to get a speeding ticket on the 28th day of month versus the 10th day of the month.

FACT #4 Time of Day Matters. 

The most common times to receive speeding tickets are between 9:00 and 10:00 a.m. and 1:00 and 3:00 p.m.

Anecdotal evidence implies it is easier for the police to pull people over during this time period.  It is easier for the police to distinguish vehicles and their speed either after or before rush hour.

FACT #5 Sex Matters

Traffic ticket police officers are also more likely to target certain types of individuals.  The Bureau of Justice Statistics for Insurance Institute for Highway Safety did a study of two million speeding tickets.  The results were as follows:

  1. Men are 62.6% of speeding tickets
  2. Women are 37.4% of speeding tickets

Gender matters.  Another study reveals that men are 50% more likely to get a speeding ticket, regardless of age, versus women.

FACT #6 Age Matters

Age is also a factor.  Sorry young adults; the most ticketed ages are as follows:

  1. 20 years old is 80,000 speeding tickets
  2. 21 years old is 76,000 speeding tickets
  3. 19 years old is 74,575 speeding tickets

Youth matters.  One third of all speeding tickets are issued to those 16 and 26 years old.

FACT #7 Having a Good  Job in a Largely Educated Town Helps

It is found that speeding ticket rates are lower in towns with high levels of unemployment, with a large population of residents employed in professional fields.

FACT #8 Don’t Be a “Outsider” or You Will Get “Hometowned”

People speeding with out-of-town license plates are more likely to get a ticket than local residents.  Explanations for this trend are that:

  1. Out of towners are less likely to contest a ticket
  2. Out of towners are less likely to antagonize through local voting and residence meetings

FACT #9 Avoid Any City that Recently Passed a Speeding Ticket Related Law

A large recent study analyzed whether recent passages of traffic laws of cities affect the rate of traffic ticket citations given.  Some cities passed laws increasing fine amounts, or speeding changes.  This means your chances of getting a ticket can be based more on whether the city passed a recent law regarding tickets versus factors such as:

It was found that your chances of receiving a speeding ticket in a city rather than just a warning go up by 28% in cities that have recently passed speeding ticket laws regarding revenue.  More speeding ticket revenue laws mean more speeding ticket issuing police.

Critics of this technique point out that this merely an example of voters passing on their own tax burden and local expenditure costs on to non-voters and non-residents.  It; however, remains legal.

An example of legal speeding ticket “fundraising” exists in a 2016 law passed by Providence, Rhode Island.  After the law, 12,193 speeding tickets were issued in the first 33 days under the new law.  The law related to a new school zone camera program.  These 12,000+ speeding tickets were issued between January 16th and February 22nd under the new law.  Over $370,000.00 in revenue was raised.  The city plans to increase rather than decrease this ticket rate.

FACT #10 Do Not Double Down on This List!

An out-of-town license plate plus traffic revenue laws matter even more!  The most likely increase chance for you getting a speeding ticket is speeding in a city that recently passed a revenue-based traffic ticket law combined with having an out-of-town, or out-of-state license plate.  Such a combination increases your chance of getting a speeding ticket versus a warning by 37%.  This is compared to other drivers stopped by the same police for the same speed.

Summary

  • Speed 9 mph over
  • in a Buick Park Avenue
  • on the 10th of the month
  • between 10am and 1pm
  • as a woman
  • over 22 year’s old
  • with a professional job
  • in that town

Author:

Matt Hamilton

 

  • Juris Doctor
  • Trial Attorney

 

SOURCES:

  1. Makowsky, Michael D. and Stratmann, Thomas, Political Economy at Any Speed: What Determines Traffic Citations? The American Economic Review, Vol. 99, No. 1, pp. 509-527 (March 2009).
  2. Chevalier, Judith, Welcome Stranger. Here’s a Speeding Ticket (New York Times, September 2, 2007) (Dr. Chevalier is a Professor of Economics at the Yale School of Management).
  3. Montgomery, David and Carson, Sophie, We analyzed 224,915 Minnesota speeding tickets. See what we learned (Pioneer Press, August 11, 2017)
  4. Days you’re most likely to get a ticket, AVVO (https://www.avvo.com/traffic-ticket-fines)
  5. Traffic Stops, Bureau of Justice Statistics, (https://www.bjs.gov/index.cfm?tid=702&ty=tp), a study of over two million traffic tickets.
  6. McGowan, Dan, Providence issues 12,000 speed camera tickets in 33 days, (WPRI-TV, February 28, 2018)
  7. What Factors Make You More Likely to get a Speeding Ticket? (CBS News September 2, 2017)

Lake Lotawana Speeding Tickets: What You Need to Know

Posted on by Matt Hamilton

Getting a traffic ticket for speeding in Lake Lotawana, Missouri is common.  It is important for you to consider your options.  Making the wrong choice will cost you money, affect your criminal record, harm your driving record, suspend your license, and affect your credit.  The wrong choice will reduce your ability to get a lenient result in the future, should you get into more traffic trouble.

This article gives you the tools, resources, and helps your analysis to decide what is best for you.

The First Answer You Need:  What Type of Police Officer gave you a Speeding Ticket?

It is critical to know which type of police officer gave you your speeding ticket in Lake Lotawana. This is because different types of police officers send traffic tickets to different courts.  There are three options:

This article focuses on Lake Lotawana Municipal Court.

What Laws Apply to My Lake Lotawana Traffic Ticket?

Fines for speeding and other traffic tickets in Lake Lotawana Municipal Court come from the following authority:

  1. Code of State Regulations 21.06
  2. Supreme Court Rule 37.65
  3. Missouri Law 479.350
  4. Missouri Law 546.902
  5. Missouri Law 559.607
  6. Lake Lotawana Municipal Code

Lake Lotawana Municipal Court traffic tickets are sentenced through either jail time or a fine.  The laws relating to sentencing in Lake Lotawana Municipal Court are as follows:

  1. Supreme Court Rule 37.58
  2. Supreme Court Rule 37.64
  3. Missouri Law 577.605
  4. Missouri Law 577.612

Fines for Traffic Tickets are determined by the following Missouri Laws:

  1. Supreme Court Rule 37.65
  2. Missouri Law 479.350
  3. Missouri Law 479.353
  4. Missouri Law 546.902
  5. Missouri Law 559.607

What Are the Speeding Ticket Fine Limits?

There are limits to Lake Lotawana traffic ticket fine amounts.  The fine limits are determined by the type of fine you have.  For example, a speeding ticket in Lake Lotawana is considered a “minor traffic violation.”  Missouri Law mandates that violation will have a maximum fine of $225.00.  This is opposed to Lake Lotawana Municipal Court ordinance violations that can be $200.00, $275.00, $350.00, or as much as $450.00.

What are the Advantages of Just Paying my Lake Lotawana Speeding Ticket and Not Hiring a Traffic Lawyer?

Most people hire a speeding ticket lawyer to handle a Lake Lotawana traffic ticket.  However, you have the option of not hiring an attorney.  The advantages are that you will pay less money in the short term because you will not have to incur the attorney’s fee.  Also, your fine will be less.  In addition, you will not have to do the work of selecting the best traffic ticket lawyer for Lake Lotawana.  It will be less paperwork for you in the short term.  You merely have to sign the ticket, enclose your check, and mail it back in the envelope provided by the Lake Lotawana Municipal Police officer.  That is easy, quick, and cheaper in the short run.

What are my Advantages if I Hire a Lake Lotawana Traffic Lawyer?

The primary advantage of hiring a Lake Lotawana speeding ticket attorney is financial.  You will save much money in the long term.  This is because insurance costs rise for people who “just pay” speeding tickets.  A second advantage is you will not lose points off your driver’s license.  A Lake Lotawana municipal speeding ticket will cost you two points off your driver’s license.  Eight points will cause your license to be suspended.  A third advantage will be your clean driving record.  A Lake Lotawana traffic lawyer will be able to amend a speeding ticket down to a non-moving violation that will not appear on your driving record.  Traffic records are used more and more to determine employment, loans, and other life events.  Having a clean record is an important asset.  The final advantage is a clean criminal record.  Just paying a traffic ticket will note a conviction for a crime on your permanent criminal record.  It goes without saying; having a clean criminal record is important for many facets of one’s life.

What will my Fine Be if I Just Pay My Speeding Ticket?

Flip to the back of your ticket to determine the schedule for your Lake Lotawana, Missouri speeding ticket fine.  Remember; this is the fine to plead guilty and be convicted.  You can just pay the ticket through the letter.  There is also a payment online through the Lake Lotawana Municipal Court website for convenient convictions. You can also pay at your Lake Lotawana Municipal Court date.

How Do I Verify the Speed Listed on my Ticket is Correct?

The Municipal Code of Lake Lotawana, Missouri lists the posted speed limits for its various roads.  These are found in the Speeding section of its code.  Look there if you wish to verify the speed limit where you received your ticket.  Remember that the posted speed has a rebuttable presumption that it is correct under Missouri law.  State v. Ostdiek, 351 S.W.3d 758 (Mo.App. 2011).

How Much will my Speeding Ticket Cost if I Hire a Lake Lotawana Traffic Attorney?

Attorney’s fees for a Lake Lotawana speeding ticket range between $100.00 and $150.00, depending upon the circumstances.  Expect your fines to be $225.00.  Court costs for traffic tickets in Lake Lotawana depend upon the type of citation.  Lake Lotawana Municipal Court also alters its court costs from time to time.  Expect court costs to be approximately $25.00.

Do I Personally Have to Appear at Lake Lotawana Municipal Court?

You should not expect to personally have to appear at Lake Lotawana Municipal Court if you hire a traffic lawyer.  If you wish to “just pay” your speeding ticket and mail the ticket in or pay online, you also will not have to show at court.  Otherwise, expect to have to show for your court date to handle your Lake Lotawana ticket.

How Much More will I have to Pay Insurance if I Do Not Hire a Lake Lotawana Traffic Lawyer?

Insurance premium costs increase for those who incur traffic ticket convictions.  The amount you will have to pay for a traffic ticket conviction will depend upon how much you are paying for your insurance.

There have been studies and articles analyzing insurance premium cost increases after traffic ticket convictions.  First, find out what your insurance is costing you.  Then, add the following amounts:

  • Driving 1 to 14 mph over the limit equals 11% rise in cost
  • Driving 15 to 29 mph over the limit equals 12% rise in cost
  • Other traffic tickets increase insurance premium costs from between 3% (seatbelt violations) to 22% insurance cost rises (careless and imprudent driving)

Who is the Best Traffic Lawyer for a Lake Lotawana Speeding Ticket?

Two main attributes for a traffic ticket lawyer apply for most Lake Lotawana citations.  You want a lawyer who is frequently in Lake Lotawana Municipal Court.  You want an attorney who is competent.

The closest traffic lawyers for a Lake Lotawana ticket are Hamilton and Associates of Pleasant Hill, Missouri.  Their office is on 7 Highway.  Lake Lotawana is on 7 Highway.  They appear at Lake Lotawana Municipal Court as frequently as any law firm.

Second, competency is an issue.  Some lawyers can handle complex cases.  Other lawyers handle only basic cases.  Matt Hamilton of Pleasant Hill, Missouri handles both complex and straight forward cases in Lake Lotawana Municipal Court.

You might find you are paying more for the same service for lawyers in other geographic areas.  This is because remote lawyers have to travel farther and therefore spend more time resolving each Lake Lotawana ticket.  Those lawyers do not frequently appear in Lake Lotawana charge more because of higher risk (due to uncertainty) or because of the added time they will spend learning its procedures.  This is why many attorneys will “refer out” cases from far away locations, choosing to provide a better service for their client rather than charge more for the same service.

In the end, it is a matter of personal choice for you.  Use this article to analyze what is best for your particular present situation.  Choose what you feel is in your own best interest.

A Definitive Guide to the Missouri Driver’s License Points System

Posted on by Matt Hamilton

A Definitive Guide to the Missouri Driver’s License Points System

 

How Does the Point System Work?   

The Missouri Department of Revenue, Driver’s License Bureau has power over all drivers’ licenses in Missouri.  That power is derived from Missouri Law, Missouri’s Code of State Regulations, and its courts.

Each Missouri driver’s license has a total of twelve (12) points.  These points can be lost by a conviction from a traffic ticket.  Different traffic tickets cost different points.  A driver’s license can also be suspended or revoked for specific actions unrelated to the points system.  In short, the points system defines the validity of your Missouri driver’s license.

What is the Specific Legal Authority for the Driver’s License Bureau to Suspend or Revoke a License?

The authority to assess points against your driver’s license derives from Section 302.302 of the laws of Missouri.  For commercial driver’s license, the sections lie between Section 302.700 and 302.780.  In addition, Book 12, Chapter 10, of Missouri’s Code of State Regulations, and the case opinions of Missouri judges.

How Many Points will my Traffic Ticket Cost my Driver’s License?

Different traffic tickets cost different point amounts.  If you hire a lawyer and that lawyer amends the ticket down to a no-point violation, you will be assessed no points.  However, if you “just pay” the traffic ticket, or plead guilty in court, or are convicted by the judge after a trial, your driver’s license will be assessed points.

Form 899 of the Missouri Department of Revenue lists in detail all of the point offenses.  The greatest hits are as follows:

Ticket TypeMissouri State TrooperSheriff DeputyCity Police Officer
Felony DWI12 points12 pointsCities don’t handle felony cases
Careless and Imprudent Driving2 points2 points2 points
Careless and Imprudent Driving Under Section 304.0164 points4 points4 points
Driving with Blood Alcohol Content of .042 points2 points2 points
DUI Driving Under the Influence of Drugs8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses
Driving While Suspended12 points12 points12 points
Driving While Revoked12 points12 points12 points
Driving While Impaired0 points2 points2 points
Driving While Intoxicated-Alcohol

 

8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses
Driving While Intoxicated-DWI Felony Assault12 points12 pointsCities don’t handle felony cases
Endangering an Emergency Responder (A cop) 

 

4 points

 

 

0 points

 

 

0 points

Endangering a Highway Worker4 points0 points0 points
Excessive Blood Alcohol Content (but not a DWI)8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses8 points 1st Offense; 12 points subsequent offenses
Speeding3 points2 points2 points
Failure to Produce Insurance4 points4 points4 points
Any Felony Involving a Car12 points12 points12 points
Leaving the Scene of an Accident12 points6 points6 points
Failure to Produce Driver’s License2 points 1st Offense; 4 points 2nd Offense; 6 points 3rd Offense;2 points2 points
Speeding (5 mph or More Over the Limit)3 points2 points2 points
Stop Sign2 points2 points2 points

Will an Out-of-State Traffic Ticket Affect my Missouri Driver’s License?

People often think if a traffic police officer pulls them over and gives them a ticket in Kansas or some other state, they are safe in Missouri.  This was once the case.  Your driver’s license in Missouri is now at risk.  The same risk is imposed on federal property or any military base.  Those traffic tickets will assess points against your Missouri driver’s license.  If you “just pay” the traffic ticket and do not hire a lawyer to amend it down, a conviction will be assessed.  Even if you do not have a Missouri licenses, the Missouri Department of Revenue will create a new driving record for you and assess points against that Missouri driving privilege.  The other states, military bases, and federal property forward the information to the Missouri Department of Revenue as well as the home state if your license is elsewhere.  The Missouri Department of Revenue, Driver’s License Bureau will then assess what it deems to be a Missouri equivalent and subtract those points from your license.

How Do I Discover How Many Points Remain on my Driver’s License?

There are several ways to find out what is on your Missouri driving record.  First, the Driver’s License Bureau has a telephone number of 573-526-2407.  Operators there can tell you how many points you presently have on your driving record.  Please remember there is a long wait.  Make sure to have your driver’s license number available (or social security number) as they will require you to key it into the telephone.

Alternately, you can send an email to dlbmail@dor.mo.gov and request information on the points on your driver’s license.

The third means is to request a Missouri driver’s record.  That can be gotten in person from a Driver’s License Motor Vehicle Bureau.  It can also be requested by your lawyer.

How Long Will my Driver’s License get Suspended for Traffic Ticket Points?

  1.   You will be suspended automatically if you fail to appear for court for your traffic ticket.
  2.   You will also be suspended if you get four points or more from traffic tickets in a twelve month period.
  3.   If your Missouri traffic tickets total eight points or more within an eighteenth month period, the Driver’s License Bureau will suspend your driver’s license.

Suspensions will go as follows:

          1st Traffic Ticket Suspension equals thirty (30) days

          2nd Traffic Ticket Suspension equals sixty (60) days

          3 or more Traffic Ticket Suspensions equal ninety (90) days each

 How Can my Driver’s License get Revoked for Traffic Ticket Points?

There is also the issue of the revocation of your Missouri driving license.  A revocation is more serious than a suspension.  Revocations accumulate in the following manner:

        12 points or more in twelve months will revoke your license

        18 points or more within two years will revoke your license

        24 points or more within 36 months will revoke your license

Will I have to Take the Driving Test again if my License gets Revoked?

If your driver’s license expires during a period of suspension or revocation, you will have to re-test.  This means you will have to take the entire driver’s test again like you did when you first received your driver’s permit.

How Do I Get My Driver’s License Points Back?

The Missouri Driver’s License Bureau will only give you four points back, in the beginning, when your driver’s license becomes re-instated; either due to a suspended license or a revoked license.  Afterwards, each year, if you receive no new traffic ticket convictions or points on your driver’s license, your missing points will be given back.

          One year without any traffic tickets equals 1/3 reduction

          Two years without any traffic tickets equals ½ points

          Three years without any traffic tickets equals all points on your driver’s license are re-instated

Will my Traffic Tickets still Appear on my Driving Record even though my Points have been Restored?

Yes.  You may have your points restored on your driver’s license.  However, if you plead guilty, do not hire a lawyer, and are convicted of traffic ticket, your traffic ticket convictions will still appear on Missouri driving record.  Your convictions will also appear on your criminal record.

What Other Types of Driver’s License Suspensions are there?

Your driver’s license can be suspended for a number of offenses, some related and some unrelated to license points.  For example, failing to submit to a blood alcohol breathalyzer test during a DWI check can suspend your license for one year.  Multiple convictions for driving while intoxicated can also suspend your license for multiple years.  Suspensions typically come in the following time periods:

  • Thirty (30) days
  • Sixty (60) days
  • Ninety (90) days
  • One hundred twenty (120) days
  • One year
  • Two years
  • Five years
  • Ten years
  • Lifetime

Can I Remove a Traffic Ticket Conviction from my Driving Record?

It is possible in Missouri to remove a traffic ticket conviction from your driving record.  Certain terms have to be applied.  Once you meet those conditions, you have to formally request removal.  The law regarding whether you are eligible to have a traffic ticket removed from your record is part of the Code of State Regulations, namely 12 CSR 10-24.050.

How Long Do I Have to Wait to Remove a Traffic Ticket from my Record?

The conviction you wish to be removed must be at least three years old.  The conviction must be five years or more if the ticket was the one that led to a suspension or revocation of your Missouri driver’s license.  Failing to maintain motor vehicle insurance is permanent.  It cannot be removed from your driving record in Missouri.

How to Remove a Traffic Ticket from my Driving Record?

The way to request the removal of your traffic ticket conviction from your Missouri Driver’s Record is in three forms:

  1.   Send an email request to dlbmail@dor.mo.gov.
  2.   Call via telephone at 573-526-2407 during the daytime. Speak to an operator and request they purge your record because you qualify under the above Code of State Regulations.
  3. Write a written request to central office of the Department of Revenue. Its address is as follows:

                  Missouri Department of Revenue

                   301 W. High Street, Room 470

                   P.O. Box 200

                   Jefferson City, MO  65105-0200

*       Please remember you cannot remove a traffic ticket even if it has been three or five years if it is presently a ticket supporting a suspension or revocation of your Missouri driver’s license.  That trick won’t work.

Should I Hire a Traffic Ticket Lawyer or Do it Myself?

Most people hire a traffic ticket lawyer for a Missouri driving violation before the guilty plea or conviction occurs.  That is the wisest course of action.  It is less expensive.  It is more effective.  Mostly, the issue with hiring a lawyer does not revolve around your points.  It is a financial decision as your insurance will rise more than the cost of the lawyer, the fine, and the court costs combined.

It is also possible in some situations to “call back” an old traffic conviction, if it less than one year old, and you are not represented by a lawyer, to amend the ticket down.  If this is your situation, contact a traffic ticket lawyer in your area, bring in the paperwork or information, and ask whether that can be done given your circumstances.

For an old conviction after the period to call it back, a lawyer can help to determine whether or not you are eligible under the Code of State Regulations to have your driver’s license re-instated.  This analysis is somewhat complex, slow, and to save money you may wish to try the Department of Revenue, Driver’s License Bureau first.

In short, hire a lawyer as soon as you get the traffic ticket.  Ask the traffic ticket lawyer afterwards what is in your best interest.  Typically, they will give you the information and you will know the best way to move forward.

Author:  Matt Hamilton

  • Juris Doctor
  • Trial Attorney

How much will my Lone Jack, Missouri Speeding Traffic Ticket Cost?

Posted on by Matt Hamilton

How much will my Lone Jack, Missouri Speeding Traffic Ticket Cost?

Lone Jack, Missouri traffic tickets, especially speeding tickets, are common.  Missouri Highway 50 travels right through Lone Jack, Missouri.  Fifty highway is wide, has large shoulders, and is fairly straight.  It is easy to gain speed on this fast highway through Lone Jack, and most vehicles speed here.  Lone Jack Missouri Municipal Police are aggressive with traffic tickets to stop speeding through this municipality.  It is common for drivers not from Lone Jack to receive tickets here.

Three Different Traffic Cop Types!

How much will you pay for your Lone Jack speeding ticket (or other traffic ticket) will depend on the type of police officer that pulled you over.  There are three possibilities:

  1. Lone Jack City Police Officer
  2. Jackson County Sheriff’s Deputy
  3. Missouri State Highway Patrol Trooper

Three Different Courts!

These three different types of law enforcement officers will send someone receiving a speeding ticket in Lone Jack to three different courts.  That means you could have three different prosecutors, or three different judges, and indeed three different sets of laws.  Your court options are as follows:

  1. Lone Jack Municipal Court = Lone Jack Police Department
  2. Jackson County Municipal Court = Jackson County Sheriff’s Deputy
  3. Circuit Court of Jackson County at Independence = Missouri State Highway Patrol Trooper

Three Different Sets of Traffic Laws!

Three different sets of laws apply to these three different traffic court jurisdictions.  Lone Jack Municipal court is governed by Missouri Supreme Court Rule 37.58 and Rule 37.64.  The ranges for Lone Jack Municipal speeding and traffic ticket fines are set out by Missouri Statute, namely Chapter 577.605 and Chapter 577.612.

A Lone Jack traffic ticket, including speeding, handed out by a Jackson County Sheriff’s Deputy will go to Jackson County Municipal court.  It is located in Independence, Missouri.  It is governed by the Jackson County code.  Specifically, Code Section 5234 indicates the punishments for traffic tickets.  These are up to 180 days in jail or a $1,000.00 fine.  There are also court costs.

A Lone Jack speeding ticket handed out by a Missouri State Highway Patrol Trooper will carry fines under Section 304.009 of the Statutes of Missouri as well as 304.010.  These speeding ticket fines range from $85.00 to $474.00, depending upon the speed, whether it is a school zone, and whether it is a construction zone.

Lone Jack Municipal Court

 

 

 

 

What will my speeding ticket fine cost if I don’t hire a traffic lawyer?

Lone Jack Missouri Municipal Court carries fines depending upon the speeding limit on the road in which you are ticketed.  Most tickets are handed out on Missouri Highway 50, which is 65 mile per hour zone.  Fines are as follows:

Posted Speed 65 mph

66-70 mph = $85.00

71-75 mph = $95.00

76-80 mph = $115.00

81-85 mph = $145.00

86 mph and over is determined by the Lone Jack judge.

Posted Speed 55 mph

56-60 mph = $75.00

61-65 mph = $85.00

66-70 mph = $95.00

71-75 mph = $115.00

76 mph and over is determined by the Lone Jack judge.

Posted Speed 45 mph

46-50 mph = $65.00

51-55 mph = $75.00

56-60 mph = $85.00

61-65 mph = $95.00

66 mph and over is determined by the Lone Jack judge.

Posted Speed 35 mph

36-40 mph = $65.00

41-45 mph = $75.00

46-50 mph = $85.00

51 mph and over is determined by the Lone Jack judge.

Posted Speed 25 mph

26-30 mph = $65.00

31-35 mph = $75.00

36-40 mph = $85.00

41 mph and over is determined by the Lone Jack judge.

School Zone 25/35

26-30 mph = $105.50

31-35 mph = $120.50

36-40 mph = $140.50

41 mph and over in a 25 mph zone is determined by the Lone Jack judge.

51 mph and over in a 35 mph zone is determined by the Lone Jack judge.

How much will my speeding ticket cost if I hire a Lone Jack traffic lawyer?

Expect to pay a $225.00 fine for minor traffic violations in Lone Jack Municipal Court, if you hire a lawyer.  There will also be attorney’s fees between $100.00 and $150.00.  Lone Jack Fines are determined by Section 479.350 and 479.353 of the Revised Statutes of Missouri.

Municipal ordinance violations if committed within the same 12 month period carry a first violation fine of $200.00, a second violation fine of $275.00, a third violation fine of $350.00, and a fourth subsequent violation fine of $450.00.  Lone Jack Municipal Court carries court costs of approximately $25.00 in each case.

How much will my insurance premium cost go up if I don’t hire a lawyer?

Insurance premium cost rises are the central reason to have a lawyer amend your traffic violation.  Pleading guilty and paying the fine outlined above will cause a permanent notation on one’s criminal record.  Just paying a speeding ticket will cause a permanent notation on your driving record.  A lawyer can avoid this.

Higher insurance Costs for Even One Traffic Ticket Conviction

A study by insurance.com looked into 490,000 insurance quotes from various persons.  The object of the study was to determine how different a traffic ticket and speeding violations affected car insurance premium costs.  Over a dozen types of traffic offenses were analyzed.  Specifically with respect to speeding the following increases were found:

  • 1 to 14 miles per hour over = 11% rise in insurance costs
  • 15 to 29 miles per hour over = 12% rise in insurance costs
  • 30 miles per hour and more = 15% rise in insurance costs

For most drivers, one would expect to pay $100.00 to $200.00 extra to have a lawyer amend this citation down.  That is comparing the fine plus court costs of just paying the traffic ticket against paying the traffic lawyer’s fee and the difference fine amount.

Pay Less Now; Pay Much More Later

Given the rise in insurance premium costs, one will likely break even within the first year.  The driver with the speeding ticket in Lone Jack would come out ahead (more money in your pocket) in the second year after hiring the ticket to amend the traffic ticket down.  This is not including the additional benefits of a clean driving record and a clean criminal record.

The Advice Traffic Lawyers Give

During the first half of my law practice it was typical to give advice indicating that one speeding ticket was a judgment call on behalf of the person who may or may not be better off hiring a lawyer.  New information shows that one is always better off amending a traffic ticket to a non-moving violation that will neither appear on their criminal, nor driving record.  This is because of the benefits of:

  1. A clean driving record
  2. A clean criminal record
  3. No points off one’s driver’s license
  4. Saving money off insurance

Matt Hamilton of Hamilton & Associates, Lawyers is the closest traffic ticket lawyer to Lone Jack Municipal court.  Call his office for an idea of your costs and what is best for you.  816-540-4040.  He can provide further information you receive a Lone Jack Municipal Court speeding ticket.

 

 

Can DUI Debt be discharged in Bankruptcy?

Posted on by Matt Hamilton

Cass County, Missouri criminal defense attorneys will find the following Memorandum beneficial should similar issues arise in their criminal defense practice.  This Memo is posted with permission of the participants for that purpose.  The names of the parties have been changed for privacy purposes.

Belton auto accident attorneys and victims should contact our Cass County personal injury attorneys at our Pleasant Hill law firm (816) 540-4040 with specific questions regarding their case as different answers will result with different case facts.

Our Cass County criminal defense attorneys should be contacted for anyone with a case in Belton Municipal Court of Cass County Circuit Court as the law regarding their case may differ.

Memo

To: Mark Holrom

From: Matt Hamilton, Belton criminal defense attorney discussing Cass County Circuit Court matters

Subject: Belton Price Chopper et al. v. Mitchell — viability of having the debts rendered non-dischargeable because of Ms. Mitchell’s driving while intoxicated (DWI) condition during the Belton auto accident that caused personal injury.

Date: July 29, 2008

______________________________________________________________________________

Issue:

1.     Can Ms. Mitchell’s debts be rendered non-dischargeable because she operated her automobile driving while intoxicated, with a B.A.C. in Belton measured at .088, one and one-half hours after the Belton auto accident?

2.     Can Belton Price Chopper’s property damage claim be included as non-dischargeable because Ms. Mitchell was driving while intoxicated (DWI) – alcohol?

3.     Are we required to specifically plead which section of § 523 we wish to have Ms. Mitchell’s debt rendered non-dischargeable under?

4.     Are other exceptions to discharge available besides the “driving under the influence” (DUI) in Cass County, MO exception?

Conclusion:

1.     Yes, § 523 of the code renders debts non-dischargeable if incurred as the result of driving under the influence (DUI) of alcohol under Missouri law and the bankruptcy court can determine Ms. Mitchell as having driven under the influence (DUI) in Belton, Cass County under Missouri law.

2.     No, property damage claims are not allowed under § 523 (a)(9); however, property damage claims are non-dischargeable under other portions of § 523.

3.     Yes, the Bankruptcy Code requires that a litigant 1) plead which section of § 523 that the debt is non-dischargeable under and 2) the material facts supporting the claim.

4.     Yes, the defendant can argue that Ms. Mitchell’s actions were willful and malicious conduct under § 523 (a)(6) even though success under this section is highly improbable.

Analysis:

I. It is likely that the plaintiff will be able to render Ms. Mitchell’s debt for the damages to Mr. and Mrs. Dixon non-dischargeable under § 523 of the Bankruptcy Code. The Bankruptcy Code does not discharge debts that are incurred as a result of driving under the influence of alcohol. Driving under the influence of alcohol is determined by the law of the state in which the debt was incurred. Ms. Mitchell’s debt to the plaintiff’s arose in Belton, Cass County Missouri and Ms. Mitchell can be found guilty under Missouri state law in Cass County Circuit Court at Harrisonville. Further, it is not necessary for the Debtor to actually have been found guilty by Missouri. The bankruptcy court will apply state law to make an independent determination regarding whether the Debtor was driving under the influence (DUI) in Belton irrespective of what the Circuit Court of Cass County, Missouri at Harrisonville determines.

Discharge for driving while intoxicated (DWI) is determined by Title 11 U.S.C. § 523 (a)(9) of the Bankruptcy Code. It provides in pertinent part that “a discharge under § 727 of the bankruptcy code does not discharge an individual debtor from any debt … (9) for death or personal injury caused by the debtor’s operation of a motor vehicle if such operation was unlawful because the debtor was driving while intoxicated from using alcohol, a drug, or another substance.” Id.

Driving while intoxicated in Belton or Cass County for purposes of § 523 is determined by looking to the law of the state where the event occurred. Commercial Union Insurance Company v. Christiansen (In re Christiansen), 80 B.R. 481, 482 (Bankr. W.D. Mo. 1987). Bankruptcy courts establish driving while intoxicated (DWI) by a preponderance of the evidence standard. Willison v. Race, 198 B.R. 740, 762 (Bankr. W.D. Mo. 1996); Simpson v. Phalen, 145 B.R. 551, 554 (Bankr. N.D. Oh. 1992). Missouri law states that “a person commits the crime of ‘driving while intoxicated’ if he operates a motor vehicle while in an intoxicated (driving while intoxicated – DWI) or drugged condition.” RSMo § 577.010.1 (1986). “[A] person is in an ‘intoxicated condition’ in Belton when he is driving under the influence (DUI) [sic][of] alcohol, a controlled substance, or drug, or any combination thereof.” RSMo § 577.001.2 (1986).

Driving under the influence (DUI) in Belton or Cass County can be shown in two ways. First, it can be established through scientific tests, such as the Intoxilyzer 5000, that measure the amount of alcohol in the blood. Second, driving under the influence (DUI) in Belton or Cass County can be established through circumstantial evidence, such as physical observations of witnesses. If an Intoxilyzer test does not conclusively establish alcohol content over the necessary eight hundredths of one percent, the second method can be employed. Specifically, Missouri law as applied in Cass County Circuit Court states that:

[a]ny charge alleging a violation of Section 577.010 … shall be dismissed with prejudice if a chemical analysis … demonstrate[s] that there was less than eight-hundredths of one percent of alcohol in the defendant’s blood unless…

(2) There is evidence that the defendant was driving under the influence of a controlled substance, or drug, or a combination of either or both with or without alcohol; or

(3) There is substantial evidence of driving while intoxicated from physical observations of witnesses or admission of the defendant.

Section 577.037.5, RSMo (1986).

Thus, a test showing a blood alcohol content over .08 is not indispensable to a conviction of driving while intoxicated (DWI) in Belton Municipal Court or the Circuit Court of Cass County at Harrisonville, Missouri.

Missouri courts such as the Circuit Court of Cass County have established the level that a person must be driving under the influence (DUI) by alcohol to sustain a conviction under Missouri law either in Belton Municipal Court or Cass County Circuit Court. Belton criminal defense attorneys and Cass County criminal defense lawyers apply this standard.  This is also applied in the same manner by Lee’s Summit criminal defense attorneys.  On several occasions, the Missouri Supreme Court has summarized the necessary evidence to establish driving under the influence. The Court states that:

Any intoxication that in any manner impairs the ability of a person to operate an automobile is sufficient to sustain a conviction…. A jury would readily understand that what is meant by an ‘intoxicated condition’ in connection with a charge of this nature is drunkenness to such an extent that it interferes with the proper operation of an automobile by the defendant.

State v. Raines, 62 S.W.2d 727, 729 (Mo. 1933)(emphasis added); accord State v. Cox, 478 S.W.2d 339, 341-42 (Mo. 1972).

Thus, a person can be convicted of driving under the influence (DUI) in Belton Municipal Court or Cass County Circuit Court when their alcohol consumption interferes with the proper operation of their vehicle as determined by the trier of fact.

Tests showing alcohol in a defendant’s blood can be combined with testimony of impaired abilities by intoxicants. Evidence that a person had intoxicants in their system coupled with eye witness testimony that the person was affected by an intoxicant has established convictions for driving while intoxicated (DWI) in Belton Municipal Court or Cass County Circuit Court. State v. Falcone, 918 S.W.2d 288, 292 (Mo.App. 1996). Also, convictions for driving while intoxicated (DWI) have been affirmed where defendants have measurable amounts of alcohol in their system and police officer’s observe the defendant affected by the use of alcohol. State v. Meanor, 863 S.W.2d 884, 891 (Mo. 1993). Thus, the presence of alcohol in the blood coupled with testimony of intoxication by a witness is sufficient to convict one of driving under the influence (DUI) in Belton Municipal Court or Cass County Circuit Court under Missouri law.

Once driving under the influence (DUI) is established by the Belton Municipal Court Judge or the Cass County Circuit Court Judge, an additional element is required to have the debt rendered non-dischargeable. In 1987, the Bankruptcy Court for the Western District of Missouri stated that courts must also determine whether the debtor’s intoxication was a causal factor in the accident to determine non-dischargeability under § 523 (a)(9). Christianson, 80 B.R. at 484. Thus, a connection between the accident and the Debtor’s intoxicated condition is required to establish a debts nondischargeability.1

It is likely that applying the foregoing analysis in the instant case would render the debts in this adversary action nondischargeable. First, Belton police records and Belton police testimony establish that Ms. Mitchell had a moderate odor of alcohol about her, had watery, glassy, bloodshot eyes, failed to simultaneously keep her eyes closed and touch the tip of her nose just after the Belton auto accident, and admitted that she had consumed “cough syrup” before the Belton automobile accident. (See Alcohol Influence Report). This case can be analogized to Meanor where the defendant smelled of alcohol, displayed slurred speech, was impaired according to police testimony, tested a B.A.C. of .02 but was nevertheless convicted of driving while intoxicated (DWI). Meanor, 863 S.W.2d at 887. This evidence can also be analogized to Falcone, where the defendant failed some but not all field sobriety tests, admitted to taking Lorazepam,2 did not test for alcohol in her system, but was nevertheless convicted for driving while intoxicated (DWI). Falcone, 918 S.W.2d at 293; See also State v. Friend, 943 S.W.2d 800, 802 (Mo.App. W.D. 1997)(convicting for driving under the influence (DUI) of methamphetamine by showing signs of impaired abilities but not testing for alcohol consumption). Thus, the evidence of impairment in this case is similar to evidence of impairment in other cases where defendants have been convicted of driving while intoxicated (DWI).3

The eye-witness evidence of impairment is supported by the blood alcohol content of Ms. Mitchell’s blood. One and one-half hours after the Belton automobile accident, Ms. Mitchell tested a B.A.C. of .088. (See Alcohol Influence Report). First, it must be remembered that the test was unreliable in measuring Ms. Mitchell’s B.A.C. at the time of the accident due to the lapse of time. See RSMo § 577.037.5 (1)(considering tests as unreliable when taken after an excessive amount of time has elapsed).4 Despite this deficit, the evidence will support intoxication for non-dischargeability reasons. In Meanor, the defendant’s B.A.C. of .025 was combined with the evidence of impairment to sustain the conviction of driving while intoxicated (DWI). Meanor, 863 S.W.2d at 887. Here, too, evidence of Ms. Mitchell’s B.A.C. of .088 can be combined with evidence of her impairment to convince the Bankruptcy Court that she was driving while intoxicated in Belton. Thus, Ms. Mitchell’s B.A.C. will support the argument that she was driving while intoxicated in Cass County, Missouri.

Finally, it can be established that Ms. Mitchell’s driving under the influence (DUI) in Belton was a causal factor in the Cass County personal injury auto accident. There is testimony available from the police that the two reasons the Belton auto accident occurred where because of driving “too fast” and “drinking.” (See Missouri Uniform Accident Report at 3). This testimony can satisfy the requirement that the driving while intoxicated was a causal factor in the Cass County auto accident.

In conclusion, it is likely that the personal injury auto accident damages arising from the bodily injuries of Mr. Dixon will be non-dischargeable under § 523(a)(9). Evidence of Ms. Mitchell’s impaired condition combined with the evidence of alcohol in her system can establish “intoxication” under Missouri law. Also, the Belton Police Department auto accident report can establish that a causal factor in the automobile accident was Ms. Mitchell’s driving while intoxicated (DWI). Thus, the bankruptcy Court can conclude that Ms. Mitchell was driving while intoxicated in Belton under Missouri law and her debts arising from that condition are non-dischargeable under § 523.

II. It is unlikely that the Dixons or Belton Price Chopper will be able to recover property damages from Ms. Mitchell because the drunk driving exception to discharge under Chapter 7 only renders damages from personal injury or wrongful death non-dischargeable. The driving while intoxicated (DWI) exception to discharge states that “a discharge under § 727 of the bankruptcy code does not discharge an individual debtor from any debt … (9) for death or personal injury caused by the debtor’s operation of a motor vehicle if such operation was unlawful because the debtor was driving while intoxicated from using alcohol, a drug, or another substance.” 11 U.S.C. § 523 (a)(9)(emphasis added). No mention is made of punitive damages or property damages in this section of the Code. Id. Cases in the Western District of Missouri have held that property damages and punitive damages are non-recoverable under § 523 (a)(9). In re Higgins, 161 B.R. 993, 996 (Bankr. W.D. Mo. 1993). There is no apparent case law allowing property or punitive damages under the driving under the influence (DUI) exception to discharge. Further, corporations with damages, such as Belton Price Chopper, have added troubles under § 523 (a)(9). This is because “only individuals can bring a cause of action for personal injury [under § 523(a)(9)].” Id. Thus, damages from personal injury and wrongful death are unavailable under the driving while intoxicated (DWI) exception to discharge under Chapter 7.

Note that punitive and property damages are available for other non-dischargeable debts. For example, property damages are available for fraud under § 523(a)(2), defalcation in a fiduciary capacity under § 523(a)(4), and willful and malicious injury under § 523 (a)(6).6 11 U.S.C. § 523.

III. Bankruptcy law dictates that a litigant plead the specific section of § 523 and the underlying facts supporting the cause of action that is the objection to the dischargeability of the debt. However, complaints under § 523 (a)(9) are not required to be plead with particulary. The Bankruptcy Code applies Rule 12 of the Federal Rules of Civil Procedure.” FED. R. BANKR. P. 7010. Rule 12 states that “[i]f a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. FED. R. CIV. P. 12. If a more definite statement is required, it is within the sound discretion of the Bankruptcy Court to allow the plaintiff to amend the pleading. In re Universal Foundry Co., 163 B.R. 528, affirmed 30 F.3d 137 (Bankr. E.D. Wis. 1993). Despite the requirements to include information in pleadings, this information does not include specific evidence. Only fraud claims need to be pled with particularity. See, e.g., In re Volpert, 175 B.R. 247 (Bankr. N.D. Ill. 1994). Thus, complaints to object to the dischargeability of debts must be specific enough to allow the opposing party to reasonably respond but need not be plead in particularity.

A complaint to determine a debt’s discharge is sufficiently specific when it specifically alleges actions that warrant denial of discharge and the resulting injury to the creditor. In re Kelpe, 98 B.R. 479 (Bankr. W.D. Mo. 1989). Conversely, complaints objecting to the discharge of debts are insufficiently particular if they fail to identify either the specific subsection of § 523 or underlying facts supporting such grounds. In re Smith, 82 B.R. 113 (Bankr. D. Ark. 1988). Further, tracking the statutory language but failing to state the material facts supporting the claim for discharge amounts to a failure to state a claim for discharge. In re Burrow, 131 B.R. 113 (Bankr. E.D. Ark. 1991). Thus, complaints objecting to the discharge of debts must both state the specific sections of § 523 and allege the material facts supporting the claim.

Note that it is unlikely that a substantial advantage will accrue if an ambiguous complaint is submitted. The Debtor has already sent correspondence to this firm regarding the applicability of § 523 (a)(9) to this action. See Belton Price Chopper v. Mitchell Correspondence file. In addition, Amy Short questioned the debtor regarding the Debtors driving while intoxicated (DWI) during the Belton auto accident at the initial meeting of the creditors on May 18th. See Letter from Amy Short to Roger Ang of Federal Ins. Co. (May 22, 2008). Consequently, any element of surprise is absent. Further, it is unlikely that other sections of § 523 can be used to render Ms. Mitchell’s debt non-dischargeable under § 523. See infra issue IV. At 9 (exploring the viability of driving under the influence (DUI) in Belton Cass County, Missouri as willful and malicious conduct under § 523). Finally, a risk is present that an ambiguous complaint will annoy the bankruptcy judge. Thus, it is unlikely that a substantial advantage will be gained if the Complaint to Object to the Dischargeability of the Debt does not state what portion of § 523 is to be applied.

IV. It can be argued that Ms. Mitchell’s actions were willful and malicious when she chose to engage in driving while intoxicated in Belton before traveling to work and traveled too fast on icy roads. However, it is highly improbable that this argument will elicit success. Section 6 of 11 U.S.C. § 523 states that bankruptcy does “not discharge an individual debtor from any debt… (6) for willful and malicious injury by the debtor to another entity or to the property of another entity….” 11 U.S.C. § 523 (a)(6). Before the driving while intoxicated (DWI) exception was added to the Code, driving under the influence (DUI) cases were successfully objected to as willful and malicious actions. See, e.g., In re Callaway, 41 B.R. 341, 346 (E.D. Pa. 1984)(stating that the voluntary acts of drinking and then driving while intoxicated are sufficiently intentional and deliberate to render drunk-driving liability non-dischargeable).7 Thus, the willful and malicious conduct exception to discharge has been used in driving under the influence (DUI) criminal defense cases.

It can be proposed that this logic should be revived and applied to the instant case. The argument progresses as follows. First, Ms. Mitchell admits to willfully consuming intoxicants on the morning of the Belton auto accident in Cass County, Missouri. (See Missouri Uniform Accident Report at 3). Second, Ms. Mitchell displayed malicious conduct when she purposefully drove on icy roads knowing that she had consumed a substantial amount of intoxicants. Id. Further, Ms. Mitchell knowingly drove the motor vehicle at excessive speeds for the conditions of the road at that time. Id. Thus, it can be argued that Ms. Mitchell acted willfully and maliciously pursuant to the collision on January 25, 2006.

It is highly improbable that this argument will be successful. First, prior to the enactment of the driving under the influence (DUI) exception to discharge, the Western District of Missouri did not recognize driving while intoxicated (DWI) as willful and malicious conduct. See In re Bellmer, Civil Action No. 79-6042-CV-SJ (Bankr. W.D. Mo. 1980)(explicitly rejecting that reckless disregard of the rights of another, without more, can suffice as proof of willfulness or malice in a drunk driving case). Second, the enactment of the drunk driving exception supercedes the line of cases that find driving while intoxicated (DWI) as willful and malicious. 11 U.S.C. § 523 (a)(9). Thus, it is inconsistent to argue that Congress intended drunk-driving to both be explicitly non-dischargeable in § 523 (a)(9) and implicitly non-dischargeable in § 523(a)(6). Third, the Western District of Missouri and the Eighth Circuit have explicitly rejected the argument that drunk driving, in itself, is willful and malicious conduct. Cassidy v. Minihan, 794 F.2d 340, 343 (8th Cir. 1986). Thus, there is a substantial body of applicable law rejecting the argument that Ms. Mitchell’s drunk driving was non-dischargeable under the willful and malicious exception to 11 U.S.C. § 523.

In summary, a good faith argument is available to reverse the law of the eighth circuit and include driving under the influence (DUI) in Belton, Cass County, Missouri as willful and malicious conduct. However, this reversal is unlikely because of the precedent established and followed in this circuit. A Cass County criminal defense attorney or a Belton auto accident lawyer advocating this argument faces opposing arguments that it is against the will of Congress, contrary to the clear statutory language of § 523, contrary to the case law in the district and circuit courts, and has never been adopted by this district at any date. Thus, it is highly improbable that Ms. Mitchell’s driving under the influence in Belton, Cass County can be successfully placed under the willful and malicious conduct exception to discharge.

Note that other sections of § 523 appear equally inapplicable to the facts in the instant case. Debts in bankruptcy are non-dischargeable when they are taxes, obtained by false pretenses, fraud in a fiduciary capacity, larceny, child or spousal support, through a fine or penalty or forfeiture to a governmental unit, or educational loans. They are also non-dischargeable when waived by the debtor or made through commitments to federal depository institutions. With the exception of driving while intoxicated under § 523, no other portions of 11 U.S.C. § 523 seem applicable to this case.

1Note that a substantial body of bankruptcy courts presume that the intoxication was a causal factor in the incident and do not require a litigant to independently prove it. However, the Bankruptcy Court for the Western District of Missouri has already considered this fact and determined that a litigant must independently establish the causal connection. Christiansen, 80 B.R. at 484, n. 3.

2A sedative drug.

3Indicators of intoxication have been held sufficient to supports verdicts of “intoxication” in a number of cases where field sobriety tests could not be performed. State v. Burris, 729 S.W.2d 661, 663 (Mo.App. S.D. 1987); State v. Jackson, 643 S.W.2d 74 (Mo.App. 1982); State v. Powell, 618 S.W.2d 47 (Mo.App. 1981); State v. Laws, 547 S.W.2d 162 (Mo.App. 1977).

4Note that expert testimony could be included to create an inference that a blood alcohol content of .088 one and one-half hours after an incident was really over the legal limit of .08 at the time of the Belton auto accident.

5Mr. Meanor’s blood sample was unreliable regarding his B.A.C. at the time of the accident because he sustained injuries at that time and could not be tested. His blood sample was taken “later that morning” at the hospital. Meanor, 863 S.W.2d at 887.

6None of these section of the Code appear applicable to the present case absent other information, such as some willful or fraudulent conduct by Ms. Mitchell. See issue IV. at 9 (examining the application of the willful and malicious conduct exception to the facts in this case).

7For other case citations, look to Cassidy v. Minihan, 794 F.2d 340, 343 (8th Cir. 1986).