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:
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:
- Cass County rural interstates and freeways are 70 mph (I-49)
- Rural expressways are 65 mph
- Interstate highways within an urbanized are 60 mph
- All other roads and highways are 60 mph
- 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