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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

5 Reasons NOT to Have an Attorney for an Auto Accident

Posted on by Matt Hamilton

FIVE REASONS NOT TO HAVE AN ATTORNEY FOR AN AUTO ACCIDENT

Opinions vary as much as people vary when it comes to whether to hire a lawyer after you have an auto accident.  This article explains five reasons why one may choose not to hire a lawyer for their auto accident case.

No. # 1 – PROPERTY DAMAGE ONLY

Most auto accidents do not involve personal injury, thankfully.  Also, most insurance companies have separate divisions called “property casualty” divisions.  Property Casualty Divisions tend to be more reasonable in giving money to settle property damage claims.  Even in injury cases, one will typically have two different insurance adjusters.  One adjuster will handle the property side.  Another adjuster will handle the injury side.

A property damage only case is more likely to garner a reasonable offer for property reimbursement.  Thus, you may not need a lawyer if your auto collision caused only property damage and the insurer offers reasonable compensation.

How to Learn the Reasonable Value for your Vehicle

It is common to have a discrepancy over the value of a vehicle if it has been “totaled.”  Know that insurance companies are sophisticated in their car value evaluations.  Do not expect to get full value for your vehicle.  A reasonable value (not full) will be a success.  This is because insurers know it will cost you time, effort, stress, and money to fight them over vehicle value.  You may very well find yourself in the unpleasant position of taking less than your car is worth because it will cost you more money to get a reasonable insurance offer.

Remember that Kelly Blue Book valuations (www.kbb.com) may overstate the value of a car.  The insurance adjuster and industry “gold standard” is the “black book” of the NADA, also known as the National Automobile Dealers’ Association.  This “black book” is rather expensive.  However, its website www.nada.com provides free valuations.

Is the insurance company paying less for property damage than the full amount of insurance available?  Is there also a serious injury?  In these cases, not hiring attorney could lose you money.  A clever attorney may even be able to get the full amount of insurance on the property value case by combining the claims for both injury and property damage.  This is one method to maximize the reasonable value of your case.

No. # 2 – WHAT IS THE INJURY?

Medical Bill Amounts

Many cases do not need a lawyer if injuries are small or pre-existing.  First, look to the medical bill amounts.  Medical bill amounts totaling less than $5,000 often do not justify the hiring of a contingency fee or hourly lawyer.  This is because the potential settlement amount is so small that one may spend more money paying the attorney than the handling it on one’s own.  Almost always, a dedicated injury attorney will win you a higher amount in settlement.  However, a case with small medical bills may not justify that attorney’s fee.  Remember, it’s about the total amount in the end that you are getting.  It’s not about the total amount of your settlement.

Injury Type – No Lawyer

Exactly what is the injury?  Sore backs, strained necks, and headaches are the most common injuries reported after collisions.  These typically resolve after eight weeks of activity.  Physical therapy is common.  Anti-inflammatory pain medication is common.  These common injuries tend not to produce high case values because juries do not award large judgments at trial.

This type of injury, alone, (even with medical expenses exceeding $5,000 to $10,000), may not require the services of a lawyer.  This is again an issue of economics.  If your case value is low, paying an attorney 33 to 50 percent of the case value may not be worth the investment.

Injury Type – Yes Lawyer

Other types of injury necessitate attorney involvement.  For example, amputations and broken bones often do not cost much and medical bills are low.  However, they can be valuable cases.  Such cases also are so complex as to need the professional services of a lawyer.  In short, typical injuries that resolve on their own often do not require an attorney.  Permanent injury or disability typically does point to hiring an attorney.

No. #3 – HAS THE INSURER MADE A REASONABLE OFFER?

It is less common nowadays.  However, there are still some reasonable insurance companies.  There are still reasonable insurance adjusters.  You, as the victim, need to make a judgment based upon the offer, if any, from the insurance adjuster.  If the offer is reasonable and makes you happy; take the money and be happy. There is no need to hire a lawyer.

You can call an injury accident lawyer and ask his opinion as to the value.  It may surprise you that they will give an honest answer.  Remember, every attorney wants happy clients.  No one wants to waste money and be of no service.  If the offer pays for your property damage and medical bills, you may wish to take it.

No. # 4 – WHERE DID THE ACCIDENT OCCUR?

People in different parts of the country think differently.  So too, the laws in different parts of the country reflect those peoples’ attitudes and are different.  Some places are conservative.  Some places are liberal.  Injury accident values vary considerably based upon location.  If one has an accident in a highly conservative area where injury values are low, they may not want to hire a lawyer but keep what little money is offered for themselves.  Other areas tend to provide more reasonable results.  Full value will then require the expertise of an attorney and justifies the expense.

How can you determine if your accident location is good?  My best advice is to call an injury accident lawyer from your particular jurisdiction and ask.  It won’t take more than an hour of your time to call three lawyers and ask their opinions as to the value.  You will then have an opinion population and can make a judgment on your own.

NO. #5 – HOW MUCH TIME AND STRESS DO YOU WANT TO EXPEND MANAGING YOUR CLAIM?

We all spend our lives confronting and solving new problems.  Anything you are an expert at means that at some point you were a rookie and knew nothing … but learned.  Do you enjoy tackling new problems?  Do you want to learn a complex new area?  Are you willing to take the risk?  How busy is your life presently?

Some people will enjoy the challenge.  Other people will want to delegate the work because their priorities are elsewhere.  This involves your decision whether to hire a lawyer.  If you want to take the risk and get the satisfaction of handling the claim yourself, you should do so.  If you would rather delegate to an expert for the cost of the expert, do that.  One way or the other, you will have to live with your decision.  The decision of when not to hire an accident lawyer will be your opinion and your opinion is the only opinion that really matters.

Author:

reading law bookMatt Hamilton of Hamilton & Associates, Lawyers

  • Juris Doctor
  • Trial Attorney

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

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.

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

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)

Are You Over Paying for your Accident Lawyer? [Analysis of Fees]

Posted on by Matt Hamilton

HOW MUCH SHOULD YOUR ACCIDENT LAWYER COST?

We have to pay for things every day.  Plumbing breaks.  Electricity fizzles in houses.  Luckily, most of us do not experience frequent injury accidents.  Handling injury accidents requires the expertise of an injury accident lawyer.  Accident attorneys do not volunteer, but are paid.  This article informs on how these lawyers are paid, the amounts, what is, and what is not reasonable.

THE OPTIONS: CONTINGENCY FEE VS. ATTORNEY FEE AWARDS VS. HOURLY

The Hourly Rate Method of Paying a Lawyer

There are three main ways on which attorneys are paid.  The most common is an hourly rate.  Hourly rates are determined by the amount per hour the attorney charges and the amount of time he spends.  The more he works, the more you pay.  Hourly attorneys will keep detailed records of exactly what they are doing and how long they are spending on a particular task.  You should receive a monthly statement.  That monthly statement will indicate the hourly rate and break down (typically in six minute intervals) what the attorney was doing and why he was doing it.

Rates for attorneys vary between $150 per hour and $500 per hour.  How much an attorney charges hourly is based entirely upon what people will pay for his services.  Shopping around can save significant money here.  However, remember, the best attorneys are paid more for a reason.  It is often financially better to hire the more expensive attorney and get the better result.

Remember also, you are paying the attorney for keeping close track of his time, which will be included in the hourly fee.  Hourly pay is common for attorneys and clients who regularly work together.  It is common for an hourly attorney to require a “retainer; an amount of money paid in advance to put towards the hourly fee.

Paying through an Attorney’s Fee Award Case

Sometimes you do not have to directly pay the lawyer at all.  Certain types of cases (like vexatious refusal to pay by insurance) carry with them awards of attorney fees.  This means at the end of the case, if you win, the other side pays for your attorney’s fees.

One would want to check with their particular jurisdiction and particular case type to determine whether an attorney’s fee awards can be expected.  Few cases invoke statutes where attorney’s fees are mandated.

You should be able to understand the contract your own lawyer gives you.  The vast majority of contingency fee lawyers contracts are pages long, with lots of fine print.  Many have “tiered” results, with different payment amounts being paid based upon how far the legal claim proceeds.  This, however, is unnecessary.  For example, the contingency fee contracts my offices uses for personal injury and wrongful death cases, contains ONLY the following language:

I, We, _____________, hereby employ Matt Hamilton, Hamilton & Associates, Lawyers as my attorney to represent me in my claim against _________________, and all other persons considered liable by said attorney for personal injuries sustained by me on the ______ day of ________.  It is agreed that said attorney shall receive ______ percent of whatever is realized on said claim for his services.  Client agrees to pay for expenses incurred in pursuing the claim.  Signed ______________. 

Sometimes, simpler is better.

The British System Versus the American System of Paying Lawyers

There is an old philosophical difference between British law and American law.  In the British model, the losing side always pays for the other person’s attorney’s fees.  In the American model, typically each party (whether they win or lose) pays for their own attorney’s fees.  The American model is preferred because it gives an advantage to the ordinary person who is the victim. Often, corporations will pay tens or hundreds of thousands of dollars to their attorney.  This would mean that a person simply could not afford to take the risk of suing a large corporation and incur that level of expense under the British model.

Paying the Lawyers through a Contingency Fee

The contingency fee is the most common reimbursement for accident injury lawsuits.  The contingency fee is governed by state law.  In it, the attorney takes a percentage of the win; however large or small that may be.  The attorney takes a considerable risk by fronting the expenses.  He advances his efforts in hopes of winning.  If the case loses, the attorney gets nothing, and loses his cost and time.  If the case wins, the attorney gets a generous reward.  Each attorney must take multiple cases in order to justify the risk of being paid through a contingency fee.

Complaints About High Pay Low Effort Contingency Fees

Sometimes clients complain about the generosity of contingency fee versus the amount of time their attorney has spent on it.  This attitude presumes all cases will win.  It also does not take in account the risks and efforts of the attorney.  Lastly, there is the considerable time, training, and monetary investment for the attorney to get his skills to the level to allow for victory.

Contingency Fees are Sometimes Prohibited

Rule 4-1.5 (c) and Rule 4-1.5 (d) of the Supreme Court of Missouri prohibits contingency fees in certain types of cases.  For example, family law and divorce cases cannot have contingency fees.

How Long is the Attorney Required to Work on a Contingency Fee Case?

The Supreme Court of Missouri in the case of In re Crews, 159 S.W. 3d 355 (Mo. 2005)  speaks to this issue.  The Supreme Court of Missouri ruled that it is presumed in an attorney contingency fee agreement that the attorney must represent that party through judgment.

This means if an appeal should be attempted after a judgment, a separate agreement should be reached.  Naturally, contingency fee agreements are creatures of contract.  The parties can agree to whatever specifics they may want if it expressed in the contract.

When is an Attorney’s Fee Unfair?

The Missouri Supreme Court in the case of Murphy v. Dalton, 314 S.W. 2d 726, 733 (Mo. 1958), spoke to the issue of fairness in contingency fee contracts.  These include injury cases and accident cases.  In Murphy, the Supreme Court ordered that every contingency fee contract must be viewed from the point and time and under the circumstances of the parties at the time of the execution of the contract.  This means if circumstances later change, that does not matter.  If certainty or uncertainty change later on that is not taken into account.

Neither the attorney nor the client can view in retrospect (after the fact) regarding the success or failure of the case to determine whether the contingency fee is reasonable.  For example, if both parties are expecting long and drawn out litigation, a jury trial, and perhaps even an appeal, and signed a large contingency fee, the attorney cannot later complain.  On the opposite side of the scale, if the case settles after a simple one page demand letter, the client can no longer complain.  If ten years or fifteen years of litigation ensues and hundreds of thousands of dollars in expenses are incurred the attorney cannot later complain that he should have been paid more.  The reasonableness of a contingency fee is taken at the time that the paper is signed.

WHAT ARE TYPICAL CONTINGENCY FEE AMOUNTS?

Like stairs, contingency fee amounts typically go up in steps.

Thirty Three Percent (33%) Contingency Fees

 A one third contingency fee was once common and nearly ubiquitous. Almost all accident and injury lawsuits were signed up for a one third contingency fee.  This was through the mid-90s.  The philosophy was that one third went to the lawyer, one third went to the victim, and one third paid for past medical and other expenses.

In practice, this was never true.  Some cases had large values and required small amounts of work.  Other cases presented large amounts of work and small value.  “Tort Reform” in the early 2000s vastly increased the cost of doing litigation and increased the cost of making claims for innocent victims.  Many attorneys went out of business.  The surviving law firms had to change, adapt, and improve, just to make less money.  The cost of bringing lawsuits increased substantially.  More experts are now needed.  This requires greater expenses.  One third contingency fees are still common.  However, do not expect to get that amount as an offer from the attorney.  Those are only when competition is high or the value of the case is high with little work.

Forty Percent (40%) Contingency Fees

Forty percent of the total take on the case (not counting expenses) is common nowadays.  This accounts for the increased cost and expertise needed to be victorious in litigation.

Forty Five Percent (45%) Contingency Fees and Higher

Contingency fee agreements where the attorney takes forty-five percent or more of the take are uncommon.  Typically, one will see this in strict product liability product defect cases and manufacturing defect cases.  Medical malpractice and other professional liability cases also can carry contingency fee agreements of this high percentage.  These higher fees are to offset the increased litigation costs (sometimes hundreds of thousands of dollars) and the risky of the case.

WHY SHOULD I PAY SO MUCH FOR A CONTINGENCY FEE LAWYER?

There is an old expression as a joke for divorces.  The joke goes; “Why are divorces so expensive?  Because they are worth it.”  The opposite is true (with the same rational) in contingency fee cases.  Simply put, the client gets more money at the end of the case, does less work, and has fewer headaches on average with a competent contingency fee lawyer working on their case compared to handling it on their own.  High priced contingency fee lawyers tend to get better results and tend to get more money for their clients.  In short, contingency fees are expensive because they are worth the investment.

Author:

Matt Hamilton of Hamilton & Associates, Lawyers

  • Juris Doctor
  • Trial Attorney