Tag Archives: attorney

MO flunks traffic safety: texting, open container laws cited

March 8, 2018

Missouri needs to evaluate its traffic safety laws. A recent report by a coalition of safety and health groups rated Missouri’s traffic laws towards the bottom of all 50 states.

According to Advocates for Highway and Auto Safety (AHAS), a Washington D.C. group of health companies, insurance agencies and safety companies that encourages the enactment of federal and state laws, the state of Missouri tied for fourth worst in the nation when it comes to safety laws.

The low grading stems from Missouri’s legal code only containing four of the 16 laws the AHAS considers essential for driving and safety.

OPEN CONTAINER LAWS

The AHAS dings Missouri for its open container laws. The state is one of only six states without a statewide open container law. Strict open container laws are said to be helping other states reduce fatal auto accidents.

Although St. Louis and Kansas City do not have ordinances for open containers, the City of Maryville is one of the few that has passed its own. But Maryville does not have a primary seatbelt law.

PRIMARY SEATBELT LAWS

Missouri is one of only 15 states without a primary seatbelt law that would give law enforcement power to stop drivers for simply not wearing a seatbelt. Data suggests that 81 percent of the state’s residents use seatbelts, which is actually 7 percent lower than the national average.

DISTRACTED DRIVING

The state was also marked down for its laws on distracted driving, such as texting. Although the state bans texting for those 21 and younger, safety advocates say it needs to be broader. Word has it that the state may soon be expanding its anti-texting and driving laws to all drivers, not just those 21 and younger.

CAR SEATS

Missouri was also criticized for its age requirements for infants in rear-facing car seats. The American Academy of Pediatrics says infants and toddlers need to sit in a rear-facing seat until they are at least two-years-old, or until an infant meets the manufacturer’s height and weight restrictions. However, state law only requires rear facing seats until the infant is a year old and 20 pounds.

FAQs about Missouri’s Chemical Revocation Laws

January 30, 2018

You are driving home from a party. In your rear view mirror you see the red lights and hear the siren of police car pulling you over. The problem is you had a few drinks, but you’re not sure just how much alcohol you have had. Questions race through your mind. Do I blow in a machine that tests my alcohol content?

You are now being arrested for driving while intoxicated. The police officer asks you to submit to a chemical test to determine your blood alcohol content or drug level.

While you have 20 minutes to contact an attorney to ask what to do, sometimes you simply aren’t able to get in touch with an attorney. You are confused on whether to say “Yes” or “No.” If you say, “No,” and refuse to blow, the State of Missouri deems you to have consented to such testing under its “implied consent” law. Again, you have the right to refuse to submit to the test but if you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year. This is known as a “Chemical Revocation.”

The topic of chemical revocation can be confusing. The Missouri Department of Revenue has a helpful Website that provides a lot of information related to the implied consent law and chemical revocation. Here are a few Q&A’s from the DOR that will help answer some of your questions:

Can I have any type of driving privilege while I am under a Chemical Revocation?

You may be eligible for a Limited Driving Privilege (LDP). The LDP may be used for work, your alcohol program, medical treatment, school, etc. You must install an Ignition Interlock Device (IID) and file an SR-22 form.

Do I need an Ignition Interlock Device (IID) to reinstate my Missouri driving privilege after I have served my 1-year revocation period?

If your driver record shows more than one intoxication-related law enforcement contact, you are required to have an Ignition Interlock Device (IID) installed on any vehicle you operate. You must maintain the device for a minimum period of six months from the reinstatement date. You will be monitored during the last three months of the six-month period. If you have any violations, as determined by the device manufacturer during the monitoring period, your requirement to maintain the device will be extended until you complete a three-consecutive-month period without violation. Violations are defined in 7 CSR 60-2.010 (refer to “violations reset” language).

What is an SR-22 insurance filing?

An SR-22 form is an insurance filing from your insurance company that shows your motor vehicle has liability insurance.

How long do I need the SR-22 insurance filing?

You must file the SR-22 form for two years from the effective date of your Chemical Revocation.

Why do I need to complete a Substance Abuse Traffic Offender Program (SATOP) if I was not convicted (or, I was convicted of a lesser charge)?

If you have an alcohol offense, such as an alcohol or drug revocation on your driver record, the law requires you to complete a SATOP (or comparable course) as a condition of reinstating your driving privilege in Missouri.

Where can I get information about Substance Abuse Traffic Offender Program (SATOP) courses?

Information regarding SATOP courses is available on the Missouri Department of Mental Health, Division of Behavioral Health website. For a SATOP provider near you check out our list of SATOP providers.

How do I appeal the revocation of my driving privilege?

You must petition the Circuit or Associate Circuit Court in the county where the arrest or stop occurred. A petition for review must be filed within 30 days from the date the Notice of Revocation is issued. If the arrest or stop occurred in another state, you must petition the Cole County Circuit Court, in Jefferson City, Missouri.

When will the Chemical Revocation come off my driver record?

A Chemical Revocation (for refusal to submit to an alcohol or drug test) is a permanent part of the record and can never be removed.

Nighttime driving safety tips to help you Arrive Alive

December 11, 2017

There are hundreds of traffic accidents every year in the state of Missouri. Some even resulting in deaths. Most of the time the accidents are a result of careless driving from not using common sense or defensive driving techniques.
The Missouri Department of Revenue has published a small book called the Safe Driver Guide. One chapter deals solely with driver safety during special driving conditions.
For example, night driving increases the chance of an accident for many reasons, one of which is simply the glare of oncoming headlights that make it more difficult to see the road ahead of you, not to mention the impact that darkness surrounding you limits what you can see. Please be aware that you must use your headlights any time weather conditions require the use of your windshield wipers.
Here are a few tips for night driving:
• Make sure your windows are clean.
• Turn your headlights on from ½ hour after sunset until ½ hour before sunrise.
• Make sure your headlights are clean and working well. Have them checked from time to time for correct aim.
• Use your high beams only when there are no oncoming vehicles.
• Do not overdrive your headlights. Your headlights only let you see about 350 feet ahead. Be sure you are driving slow enough to stop or turn if needed.
• Use your low beams when you come within 500 feet (about one block) of an oncoming vehicle. Also use your low beams when following another vehicle within 300 feet.
• Slow down when nearing a curve if you are driving the maximum posted speed limit.
• Use the edgeline as a guide. If there is no edgeline, use the center line to guide you.
• Stay awake and alert. Do not drive if you feel tired.
• Watch carefully for highway signs as they are harder to see at night.
• Watch carefully for people and vehicles stopped on the side of the road.
Remember, your goal when night driving is to “Arrive Alive.”

Missouri given “F” grade for driving safety

November 27, 2017

Have you heard Missouri is considered one of the worst states for road safety? That’s according to a recent report from the National Safety Commission.

Missouri received a grade of an “F” for road safety, which was one of nine states to receive the lowest grade. Overall the state was ranked 49th. The grades were based on each state’s statistics related to failure to wear seatbelts, distracted driving incidents, speeding tickets, and alcohol-impaired driving (DWI’s).

Partly resulting in such a low grade is Missouri’s seatbelt and texting laws. In Missouri, a driver cannot be pulled over just for not wearing a seatbelt. There must be a secondary offense observed, such as speeding, following too close, erratic driving, invalid license, etc. Therefore, many drivers are not buckled up and pay the price in injuries or even death. As to texting, only drivers under age 21 and commercial drivers can be ticketed for texting and driving. Those 21 and over will not be ticketed. This has led to many accidents among the 21 year and older group.

November and December months are considered the most dangerous driving months because of the increased number of deaths usually recorded. You can expect the state highway patrol to have extra law enforcement out on the roads during these months. Remember to buckle up, use designated drivers or ride services if drinking, and to drive safely this holiday season.

Missouri task force looks to strengthen driving safety laws

November 22, 2017

Safety was the key word in discussions at a recent task force meeting in Jefferson City, Mo., that discussed Missouri’s transportation system.

The task force, named Missouri’s 21st Century Transportation System task force, is charged with reviewing the funding of the Missouri Department of Transportation (MoDOT).

Between 1999-2016, MoDOT installed 800 miles of guard cable on Missouri interstates. According to MoDOT representatives, the guard cable has saved more than 500 lives. The cost of the safety cables, approximately $125,000 per mile. And another $10,000 per mile is needed to maintain annually.

Missouri has the seventh-largest state highway system, with 33,884 miles of roadway.

MoDOT says fatality crashes increased nine percent in 2016. Hood testifies 950 people died in Missouri traffic crashes in 2016.

Deaths continue to occur as motorists continue to drive without buckling up, driving intoxicated, texting while driving, and speeding. Sometimes deaths result because all of these factors. Deaths from traffic crashes increased nine percent in 2016, with 950 deaths in 2016 alone.

There are 16 states, including Missouri, without a primary seat belt law. Considering that Missouri is 50th ranked in a safety report by the National Safety Council (NSC).

This fact has MoDOT out front pushing state lawmakers to approve a primary seatbelt law. Already 53 municipalities have passed their own primary seat belt laws.

Some of the suggestions for increased driving safety have been strengthening laws for child passengers, no-texting laws, seatbelt laws, and the use of red-light traffic cameras.

MoDOT has come out to describe distracted driving that includes texting to be an epidemic, with nearly 40,000 deaths a year across the nation. MoDOT bans its drivers from driving and texting, and some 250 companies across the state are committing to ban its employees from texting and driving while on duty. Recommendations from the task force are expected by the first of next year.

With Missouri being the 47th lowest in fuel taxes in the nation, the task force is looking to fund the increased safety measures with a potential fuel tax increase. Strong opposition is expected to block any fuel tax increase.

The law balancing safety v. excessive regulation-punishment

November 3, 2017

Ever wonder where cities get their authority to implement traffic laws? In Missouri, the state legislature has passed multiple statutes related to traffic. One statute, 304.010, sets out maximum speed limits and penalties, and grants authority to cities to set those limits.

One provision, states that cities, towns and villages may regulate the speed of vehicles on state roads and highways within their cities’, towns’ or villages’ corporate limits. To do so, they must pass an ordinance with the approval of the state highways and transportation commission.

The statute says that if there is any reduction of speed in these cities, towns or villages, they must be designed to expedite the flow of traffic on state roads or highways to be consistent with public safety. That basically means the commission can declare any cities’ ordinance void if it finds that such ordinance is not designed to expedite traffic flow, and it was primarily designed to produce revenue for the city that enacted the ordinance.

The bottom line, thankfully, is that cities do have statewide oversight when it comes to regulating traffic within their boundaries. This helps us find that balance between public safety versus excessive regulations and punishment.

The statute is below if you want to learn more:

304.010. Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty. — 1. As used in this section, the following terms mean:
(1) “Expressway”, a divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway;
(2) “Freeway”, a limited access divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway within such ten miles of divided highway;
(3) “Rural interstate”, that part of the federal interstate highway system that is not located in an urban area;
(4) “Urbanized area”, an area of fifty thousand population at a density at or greater than one thousand persons per square mile.
2. Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated in excess of the speed limits established pursuant to this section:

(1) Upon the rural interstates and freeways of this state, seventy miles per hour;
(2) Upon the rural expressways of this state, sixty-five miles per hour;
(3) Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;
(4) All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;
(5) All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is identified by letter. Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;
(6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed limit is the legal speed limit.

3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy miles per hour.
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities’, towns’ or villages’ corporate limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:
(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.
If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.
5. The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the county and, with the approval of the state highways and transportation commission, on any state road or highway not within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed. The maximum speed limit set by the county commission of any county of the second, third, or fourth classification for any road under the commission’s jurisdiction shall not exceed fifty-five miles per hour if such road is properly marked by signs indicating such speed limit. If the county commission does not mark the roads with signs indicating the speed limit, the speed limit shall be fifty miles per hour. The commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county, township or road district road in the county to the chief engineer of the state department of transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county. After the roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by state law.
6. The county commission of any county of the second, third, or fourth classification may by ordinance set a countywide speed limit on roads within unincorporated areas of any county, township, or road district in the county and may establish reasonable speed regulations for motor vehicles within the limit of such county. No person who is not a resident of such county and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such county road enters the county a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such county so that such signs may be clearly seen by operators and drivers from their vehicles upon entering such county. The commission shall send copies of any order establishing a countywide speed limit on a county, township, or road district road in the county to the chief engineer of the Missouri department of transportation, the superintendent of the state highway patrol, and to any township or road district maintaining roads in the county. After the boundaries of the county roads entering the county have been properly marked by signs indicating the speed limits set by the county commission, the speed limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits were established by state law.
7. All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall conform to standards established by the department of transportation.
8. The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any ordinance of any county, city, town or village of the state adopted before March 13, 1996.
9. The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.
10. A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident or as the defense to a negligence action.
11. Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.

 

Missouri’s open container law diverts funds to road safety

October 24, 2017

Since 2001, Missouri has been paying millions in penalties for its refusal to obey a federal law prohibiting passengers in moving vehicles from drinking alcohol. The state’s open container law has cost Missouri $275 million that could have been used to road and bridge construction.

Never mind, the Missouri Department of Transportation says, it needs $825 million to maintain its roads. Though this sounds counterintuitive, Missouri’s non-compliance with the law is a good thing because it is inadvertently saving lives. How is that?

Due to the federal penalties, the money has had to be spent elsewhere, such as on small engineering projects and alcohol awareness programs and measures. Although MoDOT needs the funds, they are quick to concede the penalties that have led to the loss of the designated funds have been a blessing for the state’s transportation system.

The Transportation Equity Act for the 21st Century mandates that states who refuse to ban open containers to spend 3 percent of their federal highway construction funds on safety initiatives, and not on new pavement projects.

According to the Federal Highway Administration, the funds can be used for law enforcement purposes, “alcohol-impaired driving countermeasures,” or “hazard elimination” projects.

MoDOT data indicates Missouri’s penalty in the last fiscal year was about $21.4 million. Roughly 25 percent was spent on safety measures and about 75 percent on road projects that eliminate driving hazards.

Diverting spending from highway construction has allowed state workers to install hundreds of miles of median guard cables, which Miller said has “saved hundreds of lives.” Other projects funded by the penalty funding include installing rumble strips on shoulders, enforcing driving laws, funding DWI courts and educating newer drivers. MoDOT claims the diversion of these funds to these transportation safety and enforcement measures has saved hundreds of lives.

Columbia bill makes texting and driving an offense for all ages

October 18, 2017

The City of Columbia, Missouri, is considering passing a bill that will ban texting while driving for drivers of all ages.

Currently, there is a statewide rule that prohibits texting for drivers 21 years old and younger. If passed, the ordinance would make Columbia one of the few Missouri towns that bans texting for all ages.

However, the legal grounds to pass such a regulation is questionable. 

Supporters of the bill argue that they will have different approach for violators 22 years and older. Columbia police will be directed to issue tickets to the older adults only after another primary traffic offense has happened. The current state law for 21 and younger makes driving while texting a primary offense that police can pull the younger drivers over. The law prohibits the use of a cell phone to “send, read or write a text message or electronic message.” The older drivers must first commit another violation before they get a citation.

The law, however, is different for commercial motor vehicle driving. Those drivers are prohibited to use hand-held cell phones to text or make a call.

The consensus among the legal community is unclear whether municipals have the power to pass more restrictive laws on texting. In St. Louis County, the City of Kirkwood has adopted a more stringent ordinance but most other cities have not because attorneys disagree about the issue.

The Columbia ban was a recommendation from a 2016 Mayor’s Task Force on Pedestrian Safety.

Distracted driving, which includes texting while driving, is a common reason for deadly or injurious traffic crashes in Columbia.

According to the Missouri State Highway Patrol, since the start of 2017, there were 125 vehicle crashes in related to distracted driving, a category that includes driving and texting.  Of those, 24 of the crashes involved injuries, with five injuries disabling.

Missouri appellate court rules on DWI probable cause standard

September 6, 2017

A recent Missouri Court of Appeals, Western District decision continues to give law enforcement a low burden to show probable cause to pull a DWI suspect over.

The case is Brian Charles Srader v. the Department of Revenue.  Srader was arrested for driving while intoxicated on February 15, 2015.  A breath test was performed on Srader at the police station.  The test showed that he had a blood alcohol content of .122 percent.  The Director of Revenue then suspended his driving privileges. Srader then petitioned the circuit court for a trial de novo with the sole witness being the arresting officer.  After the trial, the court entered its judgment to set aside the suspension of Srader’s driving privileges. The judge had found that the Director’s evidence was credible and that Srader had a BAC level over the legal limit of .08 percent. Despite the strong evidence for intoxication, the judge ruled that the arresting officer lacked probable cause to arrest Srader for an alcohol-related traffic offense.  The Director of Revenue appealed to the court of appeals.

The appellate court reversed and remanded the circuit court’s decision. It held that the evidence which the circuit court found credible also established multiple indicia of intoxication. And these multiple indicia of intoxication was enough to establish probable cause for the arrest.  For example, the officer had seen Srader driving erratically.  And after the stop, the officer stated that Srader’s eyes were watery, glassy, and bloodshot and his speech was slurred.  Furthermore, the officer testified that Srader made inconsistent and suspicious statements about where he was coming from and if he had had anything to drink. Srader also voluntarily submitted to a breath test which showed that alcohol was present.

The court said that these facts when taken together was enough to show to the senses of a reasonably prudent person that Srader had been driving while intoxicated.  The circuit court had erred by concluding that probable cause was lacking in the arrest.

The opinion was written by Judge Alok Ahuja. The other two judges were Cynthia L. Martin and Lisa White Hardwick.  Attorney for the appellant was Rachel M. Jones. Theodore D. Barnes was attorney for respondent.

MO state troopers to start patrolling St. Louis highways

August 22, 2017

The City of St. Louis highways will be getting some help when it comes to highway traffic enforcement.

The Missouri Highway Patrol will soon be patrolling the interstates in St. Louis. It will be a 90-day pilot program to free up police officers to focus on violent crimes in the city.

The patrols will focus on certain stretches of Interstates 70 and 55 that are located within city limits. Approximately 20 to 30 troopers will be assigned to the program with about eight troopers on each shift.

The trooper patrols, which are expected to start in early July, will be available to assist city police officers if they need assistance. As to how many city officers would be freed up is unclear at this point. Apparently this type of temporary program had been used once before during a spike in violent crime in February of 2015.  Then police Chief Sam Dotson had requested the assistance.

State troopers don’t currently patrol interstates that within the city.  Troopers are expected to come from Troop C which have areas of extra personnel and by combining several zones and adjusting schedules to maintain current levels of coverage.

The push this time seems to be coming from within Missouri Gov. Eric Greitens’ office.  Last December the Governor’s wife was robbed outside a café.  Crime in St. Louis has increased in recent weeks. The latest statistics show overall crime is down slightly but aggravated assaults with a gun are up 27 percent over the same time period last year. Homicides are similar to last year’s numbers.