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Questions Answered by Richard C Simons

1 Answer | Asked in Traffic Tickets for Missouri on

Q: Can a court enter a plea of guilty for you, if you fail to appear for a traffic violation?

I have a ticket from 11 years ago in an Illinois court for speeding. I went to inquire about the statue of limitation and was informed the judge entered a plea of Guilt for me. I want to know if that is legal.

Richard C Simons answered on Mar 30, 2016

In general no a plea cannot be entered for you.

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1 Answer | Asked in Traffic Tickets for Missouri on

Q: Is a vehicle considered as derelict because you haven't gotten it tagged

Police have been harassing us we currently bought a car in February we have not yet been able to tag and they wrote a sightation for derelict vehicle because it hasn't yet been tagged Its in our driveway not on road or in a parking lot

Richard C Simons answered on Mar 28, 2016

I honestly have never heard of a derelict vehicle but I have heard of a citation for an unregistered one. Whether your vehicle is on the road or not, you need to have it registered as soon as possible in order to stop receiving further citations.

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1 Answer | Asked in Traffic Tickets for Missouri on

Q: Do I need a lawyer for a speeding violation in Lyon County, going 26 MPH over the 70 MPH speed limit? I live in MO.

I was told that if I were a Kentucky resident I would lose my drivers license for this offense. Further, since I am a resident of Missouri, the same circumstance could apply as a Missouri driver. Is this true?

Richard C Simons answered on Mar 10, 2016

Assuming this is your only offense and you are a non-cdl driver, no you will not lose your license. Do you need to get an attorney, Yes I recommend getting an attorney and getting your ticket amended to a non-moving violation. In Missouri they department of revenue adds points to your record and... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: Can a nonviolent felon in Missouri own or possess a pistol or other firearm that is NOT black powder?

The offense was for persistant offender DWI back in 2008. I successfully completed the 3 years of probation given and not had negative contact with law enforcement since.

Richard C Simons answered on Feb 24, 2016

The current answer is no. This is actually an interesting question because the Missouri Supreme court is going to decide the answer to your question very soon. The Missouri supreme court in August of 2015 ruled in the case of State of Missouri vs. McCoy, that it was constitutional for the... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: In the state of Missouri how long do they have to charge you

Richard C Simons answered on Feb 21, 2016

This question all depends on the crime that was allegedly committed. Missouri Revised statute has a long list of crimes and the statute of limitations on filing. I will post the entire statute below but will summarize in the following sentences. Homicide and higher end sex crimes have no statute... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: victim gets shot and robbed and the defended takes it to trial and the victim gets killed during trial does it get drop

The robbery is on camera but the vicitim did not Pick the defended in a photo line up

Richard C Simons answered on Feb 19, 2016

This is all left up to the prosecutor if they have enough evidence or if the judge feels their is not enough evidence on motion to dismiss. But there is a bigger problem here, this case could get amended from robbery and assault with a deadly weapon to murder in the second degree. Under Missouri... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: I have one ticket in Jackson county missouri for trespassing. The witness, my sister, did not show up for the hearing.

I plead not guilty.

I am told by the prosecutor he is not seeking jail time. However, i do not want this charge on my record. I cannot afford an attorney, i do not have a place of my own at this time and am not working. What is the scenario and possible outcomes if she chooses not to... Read more »

Richard C Simons answered on Feb 12, 2016

It is tough to have a case if there are no witnesses. If your sister is the only witness and refuses to testify, then the prosecution has no evidence and will probably drop the case. However, since there was a ticket I am guessing a police officer might be able to provide testimony, if that is... Read more »

1 Answer | Asked in Criminal Law for Missouri on

Q: What kind of penalty am I looking at for doing 100 mph in a 50 mph zone and resisting arrest by fleeing

Richard C Simons answered on Feb 8, 2016

Well there would appear to be multiple violations committed here. The first I will focus on is Section 304.012.1, commonly known as "careless and Imprudent" which makes careless driving a Class B misdemeanor which is punishable by a $500 fine and or six months in jail, and 4 points on your... Read more »

2 Answers | Asked in Criminal Law for Missouri on

Q: If a 16 almost 17 year old gets pregnant by a23 year old that she is in a relationship with could he get in trouble?

And if he can't can she move in with him?

Richard C Simons answered on Feb 3, 2016

They most certainly can get in trouble. The crime is statutory sodomy Section 566.064 of the missouri revised statutes states the following. 566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual... Read more »

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1 Answer | Asked in Employment Law, Military Law and Traffic Tickets for Missouri on

Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?

A few months ago I was ticketed for speeding. I got a lawyer to go to court and she got it changed to what the receipt says, "no muffler". I'm filling out my profile for a job website and it asks if I have been cited for a moving traffic violation in the past 5 years. Do I say yes or no? I was... Read more »

Richard C Simons answered on Jan 20, 2016

This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on

Q: I was pulled over by an officer last night,he said after following me he stop me because the tags werent to the car

He followed me home then stopped me in the apt.parking lot.I wasnt speeding,drinking,nor driving irraticlly . I feel my rights were violated??

Richard C Simons answered on Dec 31, 2015

Not having the correct tags on your car is a violation of the law. The police in several states have what is called a "wolf pack system" that automatically reads the plates on your car. The plates on your car are always in plain view and an officer can run them at any time. You also give up... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on

Q: I have 2 tickets in Californiafor not having lights on a bicycle I moved here to Missour can I still get my license here

Richard C Simons answered on Dec 29, 2015

Honestly I cannot see why not. A cursory glance at California law shows that bicycle law is governed by the department of motor vehicles. Missouri bases its laws on motor vehicles. Also you did not specify if those tickets are outstanding or not. If they are and that can suspend your license in... Read more »

1 Answer | Asked in Traffic Tickets for Missouri on

Q: what is the cost and the type of the fine?

I made accident on the high way in MO and there is a little damage in the fence in the middle of the way.

The patrol said the judge would give you fine because you hit the fence.

Richard C Simons answered on Dec 26, 2015

Without knowing the jurisdiction or exactly what the cause was of the incident, this question basically cannot be answered. The fine also is left up to the discretion of the judge

1 Answer | Asked in Traffic Tickets for Missouri on

Q: Ticket differs from what officer explained he pulled me over for.

Was pulled over for not coming to a complete stop before making a right turn at a red light. However my ticket is for not signaling before turning/ when changing lanes. Is this grounds for dismissal? Do I still need to appear in court?

Richard C Simons answered on Dec 22, 2015

There is reality and what is on paper. The answer in general is no. He can claim he saw you do both and wrote a ticket for only one. The other problem is proving he lied and the cost of having an actual trial to get an officer on the stand and getting him to admit what occurred. This is all... Read more »

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