If you have received a traffic violation, including Speeding, Careless & Imprudent, Fail to Signal, Fail to Stop, No Insurance, Improper Turn, Driving While Suspended/Revoked, or DUI/DWI, it may affect your driving privilege and/or insurance premiums. Hiring an Attorney at The Harshman Law Firm can help minimize the damages a moving violation can cause you and your driving record. In most cases you will not even have to appear in court. Do not pay a traffic ticket or plead guilty without knowing the consequences and your options. You need an attorney! Send us a copy of your tickets for a free initial evaluation of your charges and fee quote.
In Missouri, the state uses a point system. If you receive 8 or more points in 18 months, the Department of Revenue will suspend your driving privilege as follows:
1st suspension: 30 days
2nd suspension: 60 days
3rd suspension: 90 days
Your driving privilege will be revoked for one year if you receive the following points:
12 or more points in 12 months
18 or more points in 24 months
24 or more points in 36 months
Once your drivers license is Reinstated, your points will be reduced to 4 points and each year that you drive with a valid license and do not incur additional points, the points are further reduced as follows:
1 year points are reduced by 1/3
2 years points are reduced to 1/2
3 years points are reduced to 0
Keep in mind that although your points are reduced to 0, some convictions may remain on your permanent driving record. Click here for a chart of Missouri points assessed to traffic violations: http://dor.mo.gov/forms/899.pdf
In Kansas moving violations will affect your driving privilege similarly. Therefore it is important to minimize any traffic charges you receive in the state of Kansas no matter which state your drivers license is registered.
Speeding, Failure to Stop, Improper Turn, and Fail to Signal Tickets are all moving violations. Often times an Attorney can get these charges amended to a non-moving charge or arrange a Diversion of the charges so that they will not be reported as a moving violation on your driving record.
For a Driving While Suspended (DWS) or Driving While Revoked (DWR) charge, it is always advisable to get your license reinstated if possible before going to court. This is a serious charge because a conviction of the DWS/DWR will result in an additional suspension/revocation of your drivers license and multiple DWS/DWR convictions can lead to a Felony offense. A common reason for a license suspension is a Failure to Appear Suspension, meaning that you have an outstanding ticket that you did not pay or did not appear in Court. Once we resolve the outstanding ticket we will obtain a Compliance form and you can get your license reinstated immediately in most cases.
If you received a No Insurance ticket and had insurance on the date of the violation, the charge will likely be dismissed. However, if you did not have insurance on the date you were pulled over, it is best to obtain insurance before resolving this ticket. In many cases, points against your license can be avoided.
Involved in a Motor Vehicle Accident or receive a Careless and Imprudent or Reckless Driving charge? If another vehicle or property was damaged, the prosecutor will want to know if you had insurance on the violation date and if your insurance company is taking care of the other party if you were at fault. A letter from your insurance company is recommended. Whether or not another vehicle was involved, this charge can usually be amended to a non-moving violation with proper documentation and a fine.
When a person is charged with DWI/DUI charge it is essential that an Attorney is consulted as soon as possible. In MO, you have 15 days from the date of the arrest to request an Administrative Hearing to challenge the suspension/revocation of your drivers license. In KS you have 14 days to request an Administrative Hearing from your arrest. This is an automatic suspension or revocation of your license and it is a separate Administrative proceeding from the Criminal proceeding in court. Missouri defines DWI as driving with a Blood Alcohol Content (BAC) of:
.08% or higher
.02% if you're a minor
.04% in a commercial vehicle
In Kansas it is illegal to drive with a BAC of .08% or higher and .02% or higher if a minor.
If you have a CDL license and are arrested for DWI/DUI you will likely lose the CDL for at least one year.
Missouri and Kansas are Implied Consent Law states, which means you must submit to an alcohol and/or drug test when requested by an officer. Your license may be revoked for one year if you refuse the BAC/drug tests. In addition, in Kansas the Refusal of the test may result in a separate charge from the DWI/DUI.
MO First DUI offense: Class B Misdemeanor, up to six months jailtime, $500 fine, license suspension
MO Second DUI offense: Class A Misdemeanor, up to one year jailtime, $1000 fine, license suspension
MO Third or Subsequent DUI offense: possible Felony, minimum 90 days jailtime, $2500 fine, license suspension/revocation
KS First DUI offense: Class B MIsdemeanor, minimum two days & up to six months jailtime, $750 fine, license suspension
KS Second DUI offense: Class A Misdemanor, minimum five days & up to one year jailtime, $1250 fine, license suspension
KS Third or Subsequent DUI offense: Felony, minimum 90 days & up to one year jailtime, $1750 minimum fine, license suspension
Servicing the following Courts: Belton Municipal, Blue Springs Municipal, Buchanan County, Cass County, Claycomo Municipal, Clay County, Clinton County, Edgerton Municipal, Excelsior Springs Municipal, Gladstone Municipal, Grain Valley Municipal, Harrisonville Municipal, Holt Municipal, Independence Municipal, Jackson County, Jackson County Municipal, Johnson County KS, Kansas City MO Municipal, Kansas City KS Municipal, Kearney Municipal, Lake Lotawana Municipal, Leawood KS Municipal, Lee's Summit Municipal, Liberty Municipal, Mission KS Municipal, North Kansas City Municipal, Oakview Municipal, Oak Grove Municipal, Olathe Municipla, Overland Park KS Municipal, Platte City Municipal, Platte County, Plattsburg Municipal, Pleasant Valley Municipal, Prairie Village Municipal, Randoph Municipal, Raytown Municipal, Raymore Municipal, Ray County, Riverside Municipal, Shawnee KS Municipal, Smithville Municipal, Sugar Creek Municipal, Weatherby Lake Municipal, Weston Municipal, Wyandotte County KS