Questions Answered by Andrea Rogers

Q: can the prosecutor nolle prosequi a case with no reason and reissue when they want

1 Answer | Asked in Criminal Law for Missouri on
Answered on Mar 18, 2019
Andrea Rogers' answer
Yes, the Prosecutor can nolle (dismiss) a case and re-file new charges later and they don't have to explain why they nolle'd it.

Q: I did not yield to an ambulance in Missouri. Can this ticket result in jail time?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Jan 12, 2019
Andrea Rogers' answer
It just depends on the details of the case, your criminal history, your driving record, whether anyone was injured, whether your vehicle was insured, which court your case is being prosecuted in, etc. If you want to get this traffic ticket reduced to a non-moving, no-point infraction, you will have to have an attorney represent you, and you will end up paying a slightly higher fine plus court costs, but you probably won't have to appear in court.

Q: If a 18 year old female fights a 17 year old what will happen? Will the 18yo be charged even with it being self defense

1 Answer | Asked in Criminal Law and Federal Crimes for Missouri on
Answered on Jan 5, 2019
Andrea Rogers' answer
You are both considered adults for court purposes. You would both probably be charged with assault unless there is some clear evidence that it was self-defense.

Q: Coasting down a hill and got to 27 over the limit. Didnt hit brake or gas. What's the worst and best case scenario?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Jan 1, 2019
Andrea Rogers' answer
At age 17, you are an adult for court purposes.

The outcome of your case depends a lot on which court your case is being prosecuted in. Some prosecutors and judges are more lenient than others. You (or your parents) will need to hire an experienced criminal defense/traffic law attorney to represent you if you want to avoid a conviction and points on your driving record, and an increase in your car insurance rates.

In some courts, a ticket for 27 miles over the speed limit can...

Q: Can I be issued a speeding ticket in the mail?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 29, 2018
Andrea Rogers' answer
The Prosecutor has up to 1 year from the date of the incident to file charges against you. So yes, it is possible that you could receive a ticket in the mail later. However, it sounds like the officer just gave you a warning and let you go.

Q: I got a "fix it ticket." What does that mean? Can I get out of it being on my record somehow?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 18, 2018
Andrea Rogers' answer
Usually that means you can get the problem fixed (repair the broken tail-light, for example) and bring proof to court and show the judge, who might dismiss the ticket or reduce the fine. "Fix-it" tickets are usually for non-moving, no-point violations like "Failure to Register Vehicle" or "Equipment Violation" (broken tail-light) which is not going to show up on your driving record anyway.

Q: Trying to find out the cost of a uniform citation. in violation of code 304.050 in Lincoln county missouri

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Dec 2, 2018
Andrea Rogers' answer
You can call the court clerk in Lincoln County and ask if a court appearance is required or can you just plead guilty and pay the fine. I expect that you will have to appear in court for this type of ticket. If so, the judge will sentence you and determine the amount of the fine. If you plead guilty, points will be added to your driving record and your car insurance rates may increase. The judge might require you to do community service, attend driving school, etc.

FYI - For some types...

Q: I was pulled over going 40 in a 25 (15 over) but I received a court date instead of just a fine. Why? What am I looknat

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Nov 6, 2018
Andrea Rogers' answer
Courts can require a mandatory court appearance for some tickets. If you want to get the ticket reduced to a non-moving, no-point infraction that won't affect your driving record of car insurance rates, you will have to hire a traffic law attorney to represent you.

You will not have to appear in court if you hire an attorney to represent you. Your attorney can give you an estimate of the amount of the fine & court costs you will have to pay.

Q: Can a trespassing second degree charge be dismissed if this is my first offense

1 Answer | Asked in Criminal Law for Missouri on
Answered on Sep 27, 2018
Andrea Rogers' answer
Yes, it's possible that if you hire an experienced criminal defense attorney to represent you, that attorney could negotiate a plea bargain deal to get your "Trespassing" charge dismissed or reduced to a less serious offense, such as "Littering."

Q: Can a ticket get thrown out due to contradictions with the charge?

1 Answer | Asked in Criminal Law and Traffic Tickets for Missouri on
Answered on Sep 25, 2018
Andrea Rogers' answer
Any error on the ticket can be corrected at any time. This does not sound like an error. This appears to be a situation in which the police officer wants the Prosecutor to know you were speeding 36-40 miles over but the cop gave you a break by issuing the ticket for only 30 miles over.

You can go to court and plead guilty on your own without an attorney, but I don't recommend that option. If you plead guilty, the judge will sentence you and jail time is definitely a possibility for...

Q: I went 21 over the limit and he said I have to go to court should i plead guilty and say I want to apply for sis

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Sep 20, 2018
Andrea Rogers' answer
For that high a speed, a court appearance is required. If you hire an attorney to represent you, you won't have to appear in court. Your attorney can get your speeding ticket reduced to a non-moving no-point infraction like "Illegal Parking," so you won't have any points on your driving record and your car insurance rates won't increase.

Or you can go to court and ask the judge for an SIS (suspended imposition of sentence) with probation, but the judge does not have to offer that deal...

Q: Can my citation be dismissed if the officer put a badge number that’s not their real badge number?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Sep 18, 2018
Andrea Rogers' answer
Almost any error on a speeding ticket can be corrected at any time by either the police officer or the Prosecuting Attorney. If the description of where the traffic stop occurred was completely wrong, that might be grounds to get the ticket dismissed, but other simple errors are not.

Q: Is a ticket for 1 - 5 mph over the limit a moving violation or a non-moving violation (it has no points assessed)?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Sep 18, 2018
Andrea Rogers' answer
1-5 miles over the speed limit will show up on your driving record as a no-point speeding conviction, so it's a moving violation but it won't cause any points to show up on your driving record.

Since it will show up on your driving record, your insurance company will be able to see it and may use it to increase your rates. You can call your insurance agent to see if they will increase your rates because of this ticket. If so, it might be worth it to hire an attorney to get the ticket...

Q: I was given a ticket for not having a front license plate, will I have a warrant for not paying it on time?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Sep 14, 2018
Andrea Rogers' answer
If you received a ticket and you failed to pay the fine, the court can issue a warrant for your arrest. Some courts are more lenient than others and will continue the court date out 30 days to give you another chance to pay before they issue the warrant. Some courts will send you a letter reminding you to pay. You can call the court clerk and ask if they have issued a warrant, and you may be able to pay the fine over the phone or online.

Q: I missed a court date to pay a ticket and now I don't know what to do

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Sep 8, 2018
Andrea Rogers' answer
You can call the court clerk to ask if they issued a warrant for your arrest. If it's your first missed court date, the court may have continued your court date another 30 days instead of issuing a warrant.

Q: I was caught going 95 in a 70 in Callaway County, MO. What are my best options? I would like to avoid the conviction.

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Aug 29, 2018
Andrea Rogers' answer
The Callaway County Prosecutor will not amend a ticket for that high a speed. You could hire a local Callaway County traffic law attorney to go to court with you and try to get a Suspended Imposition of Sentence with probation.

Q: What is the best course of action for a ticket for 31 mph over a 60 mph limit? It requires a court appearance.

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Aug 16, 2018
Andrea Rogers' answer
The outcome depends a lot on which court your case is being prosecuted in. For that high a speed, I assume it's in St. Charles County Circuit Court, and the judge in the traffic division in that court is not going to agree to probation (and the prosecutor will not amend your ticket to a non-moving violation), so your only option is to hire an attorney to convince the judge to let you plead guilty with no jail time and no court appearance required.

If you don't take care of this ticket,...

Q: I received a MO speeding ticket for the first time in my life at age 34. I was told I was doing 70 in a 55.

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Aug 3, 2018
Andrea Rogers' answer
If you pay the speeding ticket fine, points will be added to your driving record and your car insurance rates may increase. You can hire a traffic law attorney to get your ticket reduced to a non-moving, no-point violation such as "Illegal Parking" so that you won't have points added to your record and your insurance company will never know you got the ticket. You will have to pay a fine and court costs, but you won't have to appear in court, and the court will give you at least 30 days to pay.

Q: I got a ticket for driving without insurance because my insurance card was expired by a few days will I still be fined?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Jul 25, 2018
Andrea Rogers' answer
Even though your insurance was only expired for a few days, that is technically still a violation and it's a 4-point ticket if you plead guilty.

You can call the court clerk and ask if they will allow you to go to court and show proof of insurance to the judge. However, if your insurance was not valid on the day you were pulled over, they might not dismiss your ticket. The court clerk can tell you whether you will need to hire an attorney to take care of this for you.

Q: Does 12 month probation for speeding ticket mean that you can't have any kind of traffic violation and accidents?

1 Answer | Asked in Traffic Tickets for Missouri on
Answered on Jul 21, 2018
Andrea Rogers' answer
Yes, if you are on probation for a speeding ticket and you get another ticket, that is a violation of your probation.

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