Tag Archives: traffic attorney st. louis county

Cops need a warrant to get your vehicle’s black box data

Missouri cops will need to get a search warrant before they can access data from your automobile’s black box.

A recent decision in the Western District of Missouri basically blocks law enforcement from obtaining your black box data after an accident, unless you either consent or they get a warrant.

The appellate court took up the case of a man that had been stopped at traffic and was struck by a semi from behind. The Missouri Highway Patrol then downloaded the data stored on the semi’s electronic control module (ECM). Officers did not use a warrant and argued that there were exigent circumstances, therefore, the semi driver had no expectation of privacy of the data. Up to then, obtaining the black box data had been standard procedure for the highway patrol.

The patrol officer claimed that the driver had given him consent, but that box had not been checked off in his police report. The appellate court relied on a recent US Supreme Court case on GPS spying to find the police arguments were insufficient.

Judge Cynthia L. Martin wrote: “Sergeant Meyers’s testimony underscores that ECM data was seized from West’s truck not because there was probable cause to believe that West had committed a crime and that evidence of the crime could be found in the truck, but instead to investigate an accident to determine whether West had committed a crime.”

The court added that to allow warrantless searches on these grounds would “emasculate” the Fourth Amendment to the constitution.

Here is an unofficial summary of the case and should not be used as legal doctrine:

(1) The State’s arguments on appeal asserting error in granting the motion to suppress which were not raised with the trial court are not preserved for appellate review.

(2) Either a reasonable expectation of privacy or trespass on a possessory interest in a Fourth Amendment protected effect will afford standing to assert a Fourth Amendment violation. Here, West was the lawful operator and possessor of the semitruck at the time the police physically intruded into the semi-truck’s passenger compartment to connect a computer to the ECM located underneath the semi-truck’s dash. That physical intrusion into, and occupation of, the semi-truck constituted an actionable trespass into a protected Fourth Amendment effect (a vehicle) which afforded West standing to move to suppress the data downloaded from the ECM.

(3) The automobile exception allows police to search a vehicle and seize
contraband found therein without a warrant if there is probable cause to believe that the vehicle contains contraband and exigent circumstances necessitate the search. The State presented no evidence during the hearing on the motion to suppress to suggest or establish that the police had probable cause to believe that contraband or illegal items were located in the semi-truck.

(4) While the State presented testimony that ECM data might be overwritten if the semi-truck was moved, the trial court did not find this evidence to be sufficient to constitute an exigent circumstance permitting a warrantless search. The trial court’s finding was supported by substantial evidence.

(State of Missouri v. Anthony West, WD80879)

Legislature proposes a bill to curb racial profiling by law enforcement

Lawmakers in Missouri are reviewing a bill that is designed to curb discriminatory policing among law enforcement agencies. The bill, which recently had a hearing before a legislative committee, calls for disciplinary options and procedures that would be a check on discriminatory practices.

The bill places penalties on both individual law enforcement and on their agency when they are found engaging in discriminatory policing or racial profiling. Discipline could include counseling, termination, or training of any officer found to have engaged in discriminatory policing.

If a law enforcement department is found to have a disproportionate number of minority drivers stopped compared to the state average, the attorney general can provide resources to address it. If the problem continues for another three years, the attorney general could remove the agency’s funding by directing the local governing body to forfeit 25% of the police department’s revenue received from court costs, bond forfeitures, and fines.

Additionally, the bill calls for officers to use a consent search policy and requires information to be gathered from every vehicle stop. The data collected will then be analyzed by the attorney general.

The consent search would require that an officer prior to requesting a search would have to clearly state, either orally or in writing, in a language the person being questioned clearly understands that their consent must be voluntary.

Next, an officer would have to get recorded audio or video or written consent from the person who was stopped.

Officers will be expected to collect 11 pieces of information that include a reason for the stop, whether a search was conducted, and whether a warning or citation was issued.

Then by March 1st of each year, the agency must submit its report to the attorney general who will analyze the data and submit a report to the state legislature by June 1st of each year.

MO flunks traffic safety: texting, open container laws cited

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.


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.


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.


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.


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.

Rehabilitation specialists help extend your ability to drive

As you get older and into your Golden Years, your driving skills begin to deteriorate. Your ability to respond as quickly as you did compared to just 5 years before is noticeable not only to your friends and family but to you. Your confidence to drive at night is diminished. If this is a scenario for you or a loved one, then you may want to consider having a driving evaluation done by a certified driving rehabilitation specialist. This person can help you to adapt new technology to extend your driving years.

Because of new technology, your ability to drive into later years of your life has been extended. Some of these adaptive technologies are as simple as swivel seats for more convenient access or hand controls for a driver to safely operate a vehicle.

But each person and their skill and physical levels are different and require different forms of technology. The NHTSA recommends seeking the help of a driver rehabilitation specialist to help people choose the correct adaptive devices for their automobiles.

A rehabilitation specialist will take into consideration your future equipment needs based on your medical condition and the repetitive stress an adaptive aid may place on a particular muscle group.

Also expect a vision screening as well as testing for muscle strength, flexibility, and range of motion; coordination and reaction time; judgment and decision-making abilities; and ability to drive with adaptive equipment. Once the evaluation is done, you should get a report with recommendations for you such as restrictions or requirements and a list of any vehicle requirements and modifications. You will likely also receive a recommendation for on-the-road training to practice using the new equipment and to learn safe driving habits.

To find a qualified driver rehabilitation specialist, you’ll find rehabilitation centers for each State listed on the Websites for the Association for Driver Rehabilitation Specialists (ADED) and the American Occupational Therapy Association, Inc. (AOTA). These associations maintain lists of qualified driver rehabilitation specialists in most states. The National Highway Traffic Safety Administration has put together helpful information called “Adapting Motor Vehicles for Older Drivers.” See their Website.

FAQs about Missouri’s Chemical Revocation Laws

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.

Winter snow and ice driving calls for a cautious mindset

Winter is now upon us. Very soon this season, there inevitably will be snow, ice or some combination of the two. Snow and ice can play havoc upon drivers, often causing travel delays and lots of accidents, many of which can be avoided.

When driving through a snowing or ice condition, it is important to change your attitude about travel. Your number one concern should be safety and not getting home or to the party on time. In fact, it is often better to cancel your plans if you don’t have to be out on the road.

Nevertheless, there will always be times when despite the difficult conditions, you will have to venture out on snow and ice to get somewhere. If that is the case, the Department of Revenue’s Safe Travel Guide offers several tips. Just remember the following rhyme: “Ice and Snow — Take it slow!”

Here are tips from the DOR for safe winter driving:
*In winter, clean all snow and ice off your windows, headlights, and taillights.
*Be sure your windshield wipers and defroster are working.
*No matter how far you are going to drive, never start driving until all snow and ice is off your windows.
*Check your tires. Your vehicle should have tires that are rated for driving in snow. If you do not have tires that are rated for driving in snow, you should have chains ready to put on your tires during bad weather. But even if you have “snow” tires or chains, you cannot drive safely on snow or ice at normal speeds. If there is snow or ice on the road, slow down and do not use your vehicle’s cruise control system.
*When starting on snow or ice, start slowly and smoothly.
*If your tires start to spin, try clearing a path by driving backwards and forwards a few times.
*If that does not help, spread some abrasive material like salt, sand, or cat box litter around your wheels.
*NEVER let anyone stand in line with your wheels. Your wheels may throw up gravel or ice and cause an injury.
*Once you have started, try to get the feel of the road. Gently brake while driving to see how slippery the road is and then adjust your speed for the road conditions.
*Important Note: It will take longer to stop your vehicle when driving on snow or ice. So be sure to leave a safe distance, about 8 to 10 seconds, between your vehicle and any vehicle ahead of you.
*When you want to slow down or stop, apply the brakes gently and smoothly. Never slam on your brakes — this may cause you to skid. On very slippery surfaces, pump the brakes by gently pushing down and letting up on them several times. If your vehicle is equipped with an anti-lock brake system, refer to your owner’s manual for proper braking techniques in special situations.
*Remember that bridges and overpasses will freeze and become slippery before other parts of the road, and be aware that even on cleared roads a few ice patches may still exist.
*If you have a four-wheel drive vehicle, DO NOT use the four-wheel drive on ice. Four-wheel drive vehicles can easily overturn on ice. If you hit an icy patch in four-wheel drive, take your foot off the accelerator.

Nighttime driving safety tips to help you Arrive Alive

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

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 DWI laws and treatment courts

Ever wonder about the underlying mechanics of how Missouri’s DWI laws have been put together? For the answer to that question, you need to look at House Bill 1695 that went into effect August 28, 2010.

The bill changed the laws for repeat alcohol offenders and drivers with high blood-alcohol levels. It also affected how a person qualifies for driving privileges. Other changes included the following:

• Creation of a centralized reporting database that tracks all driving-while-impaired offenses, from arrest to disposition.

• Prevents municipal courts from hearing an intoxication-related case if the offender has two or more “intoxicated-related” offenses, or two or more “alcohol-related” offenses.

• DWI courts were established to facilitate treatment for repeat offenders and drivers with high blood-alcohol levels.

• Establishes criteria for qualifying participants and graduates of a DWI court program to obtain a court-ordered limited driving privilege.

• Prohibits a first alcohol-related driving offense from being expunged from a person’s record if the person has another alcohol-related contact on record, or another alcohol-related action pending.

For more information, here is the link to the Department of Revenue to find out more: http://dor.mo.gov/faq/drivers/dwi.php. The DOR website offers a Q&A section that answers many questions you may have. Here are a few:

Can a DWI Court grant me a limited driving privilege when I participate in or graduate from its program, if I have more than one alcohol-related traffic offense on my record?
Yes. Section 302.309.3(9) now allows a DWI Court to grant a limited driving privilege to a participant or graduate of the program who may otherwise be ineligible for limited driving privilege. If you are granted a limited driving privilege by the DWI Court, the Department of Revenue will update your driving record to show the limited driving privilege.

I’ve heard that if my case is in a DWI Court, and I plead guilty to or am found guilty of a first-time driving while intoxicated offense, and my blood alcohol concentration is .15%, I would not be eligible for a suspended imposition of sentence (SIS) for the alcohol-related traffic offense. Is this true?
No. In a county in which there is a DWI court, you may receive an SIS so long as:
•You are placed on probation for a minimum of two years; and
•You successfully complete the DWI court or court-ordered treatment program.
What will the DWI Court program consist of? The program will combine judicial supervision, drug testing, continuous alcohol monitoring, substance abuse traffic offender program compliance, and treatment.

Is there a fee to participate in a DWI court program? A DWI Court may assess you with any and all necessary costs of your participation.

When is the earliest I can be issued a limited driving privilege if I am a participant in or graduate of the program? You must complete a minimum of 45 days of participation in the program and be approved by the DWI Court.

Am I required to have an SR-22 insurance filing if a DWI Court has issued me a limited driving privilege?
Yes. You are required to maintain an SR-22 insurance filing for the duration of your limited driving privilege.

Am I required to have an ignition interlock device in my car if a DWI Court has issued me a limited driving privilege? Yes, if you have more than one alcohol-related enforcement contact.

If I have a first alcohol-related driving offense on my record that is over 10 years old and now I have a new one pending in court, can I have the old alcohol-related offense expunged from my record? No. The new law prohibits the Department of Revenue from expunging the alcohol-related driving offense from your record because you have another alcohol-related offense pending.

The law balancing safety v. excessive regulation-punishment

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.