HANDLING TRAFFIC CASES
NOVEMBER 6-7, 2015
Two Pershing Square 2300 Main Street, Suite 900 Kansas City, Missouri 64108
Telephone: 816.221.3691 Fax: 816.448.3840
Special thanks to Anthony Totta, who prepared the attached Traffic Court
Information
The Law Offices of Denise Kirby
TRAFFIC COURT INFORMATION
BATES CITYBates City Municipal Court3rd and MarketBates City, Missouri PH: 625-3112 Fax 690-6586
Clerk - StephanieProsecutor - Brent Teichman
SpeedingDefective equipment 20 over or less -179.5024 over on 11/19/13 was $254.50Can do by mail - send ENTRY and check with letter to pros. at court address; Do not need to call first if 20 over orless
BELTON updated 3/31/15Belton Municipal Court7001 E. 163rd StreetBelton, Missouri 64012(816) 331-2798
Prosecutor - Bill MarshallPrivate Office - 943-1115Clerk: Laura Ellis 331-2798
Can do defective by mail (Call Bill first)$200.00 total w/ court costs included (up to 15 miles over)16-20 $250.0021-25 $300.00No insurance but have now $250.00+$50 if school zone or construction zoneFTA $100.00
*contact by fax or email fax: 816-331-3179email: [email protected]
Mail firm check + Self addressed stamped envelope to Bill Marshall at Court addressTime to pay will NOT be granted
BLUE SPRINGS Credit CardBlue Springs Municipal Court new address after 4/11100 Smith 1304 W Main StreetBlue Springs, Missouri 64015 Blue Springs, MO 64015228-0175Court Administrator: Susan West
Tickets originally set on Sat. morning arraignment docket; fax Entry Friday before Saturday court date. Court willset date, we can no longer chose court date
Court Days Tuesday & Thursday at 6:00 p.m. or Friday morning at 9:00 a.m. (traffic)
DV cases 5:00 p.m. Tuesday/Thursday or 10:00 a.m. Friday
Vernon Scoville, Prosecutor Eric Butkovich, Patrick McAndrews Assistant Pros FTA $100.00 per ticket
Defective Equipment $230.00 total {1-19 over} tickets written prior to 2/15 will be $205.00If excessive speed (20 - 24 over) fine bumped $100 = $330.00
Over 25 over handled on case by case basisTags - $80.00School/ARZ zone add $125 (this is their standard rate - they rarely charge Anthony this rate)Accident
$375.50 Defective + 29.50 costs if insurance or restitution paid, total $405.00Driving while suspendedIf get license reinstated, amended to failure to produce. They do not turn in the points to DOR. Fine $300.00.
No insurance - Sent to DOR - 4 pts if guilty pleaWill amend to defective if has insurance now ($280.00 total)
No time to pay is typically granted but it may possibly be granted on a case by case basis upon request. Client must appear on time to pay requests
BUCKNER CheckBuckner Municipal Court004 West Monroe P.O. Box 377Buckner, Missouri 64016650-3191 x4 Fax 650-9797 Alt Fax 650-9777
Judge: Don Lograsso Michelle Guyton - Clerk
Mike Spiegel - Prosecutor 229-2132 Email: [email protected] held on second Tuesday of the month. Prosecutor arrives at 4 pm, court begins at 5 pm.
Time to pay is not granted. Amendments in person or by mail for extra $25. E-mail pros first.
Speeding FTA $50.00$205 total defective up to 15 over $230 total 16 to 20 over $255 total 21-25 $305 total 26-3020 over construction zone, workers present $530.00
DUI1st - SIS $300 fine & guilty on accompanying charge
CLAYCOMOClaycomo Municipal Court can handle by mail115 E. 69 HighwayClaycomo, MO 64119452-4539
Katrena McKinnies Clerk Larry Buccero - Prosecutor
Continuances - Call court first to obtain a court date and then fax in entry/continuance request.
SpeedingFor all simple moving violations of up to 20 mph over the posted limit the fine will be $227.00. For higher speedsthe following will be the plea agreement.21-24 over $252.00 25-29 over $277
Any speed greater than 29 mph over the posted speed must go to court.No insurance has now $252.00 (can handle by mail with proof of current ins)
To amend by mail the court requires: an entry of appearance with attorney bar #, a request to amend to defective,appropriate payment and a SASE.
Claycomo has added a plea docket at 4:30 pm on the 2nd Tuesday of each month. If you want to add something onit should be added to this docket two business days before the docket. Cases from that evenings docket (at 6:00p.m.) may also be done at this time. Basically Larry will be there earlier, and the judge will get on the bencharound 5:00 p.m. Previously attorneys had to wait until court started at 6 pm to appear before the Judge. JudgeWieland does not give time to pay.
CLEVELAND Mail inHandled through Cass County Associated Circuit Court, 2501 West Wall Street, Harrisonville, MO 64701
Prosecutor: Joe Cambiano 523-8200
Speeding < 15 over fine and costs $182.50> 16 over $232.50
if under 21 Joe requires them to complete 8 hours of community service
EXCELSIOR SPRINGSExcelsior Springs Municipal Court301 South Main StreetExcelsior Springs, MO 64024630-0209
Can request amendment by mail on selective tickets (i.e. speeding, stop sign, etc.)Requires:
Cover letter stating requestEntry of AppearanceCopy of traffic ticketinsurance card and info (applies only to no proof of ins ticket)self-addressed stamped envelopemail aforementioned items to the Court Clerk at:
Prosecutor will fax back offer. *additional $10 for pleas done by mailAttorneys are allowed two continuances per case by phone. After that all continuance requests must be in person.
FERRELVIEW769-9681Clerk: Mickey VulgamottProsecutor: Bill QuitmeierMail in amendments not allowed
GLADSTONE CheckGladstone Municipal Court7010 N. HolmesGladstone, MO 64118436-2200Clerks - Mrs. King and Donna
Tuesday afternoon docket starts at 2:00 p.m.
Wednesday afternoon plea dockets attorneys can go any time between 2-4.Prosecutor - Michael Feeback
Doug Wemhoff
SpeedingDefective - $200.00 + $30.00 court costs (15 over or less) = $230.00Must make appearance MUST BRING SEPARATE CHECK FOR EACH CLIENTIf 16-25 over increased fine $50 = $280.00If 26 over or more $325.00 + 30.00 + dr. school = $355 plus driving schoolSchool zone add $50 and driving school if 16 over or more.
AccidentInsurance & no injuries; Defective $____________ + $30.00 court cost
DWSIf reinstated - failure to produceJudge will give time to pay if ½ paid at time of plea
To set a court date, request a continuance, request a set aside, etc., you must fax an entry and your motion to theCourt. Requests will not be accepted by phone. If you want another continuance at a later date, you must againfax a request to the Court. No continuances will be granted after noon the day of court, or after noon on Friday fora Saturday court appearance. No rate schedule. No amendments by mail. Has added a docket on certainunspecified Tuesdays at 2:00 p.m. It will be the same as an evening or Saturday docket. Dockets can not becombined. If you have cases on the Tuesday afternoon and Wednesday evening dockets, you will be going twice. Don’t even ask. Attorney plea docket on two unspecified Wednesdays a month between 2:00 and 4:00 pm. If youschedule something and don’t show by 4:00, a warrant will be issued for your client. You can’t just take care of itthat evening.
GRAIN VALLEY {12/18/13} CheckGrain Valley Municipal Court111 W. Front StreetGrain Valley, Missouri 64029847-6240
Jim Cook - Prosecutor 753-5000 Court costs $27.50
Speeding Tickets Defectiveup to 19 mph $230.0020-24 mph $255.00anything over 25 mph $278.00 (3/25/15)if FTA add $149.50!
Insurance/Tags right now court is dismissing these tickets if Defendant can show they have current insurance orresolution of tags issue.
School Zone Usually adds another $50 unless going really fast
Work Zone 6/17/14 - hasn’t been charging anything extra for these.
Probable Cause Companion Tickets(e.g. careless and reckless, crossing center line, etc.) $250.50processing time by arresting officer $61.50
Breath testing instrument, etc $39.50Narcotics testing $39.50Incarceration @ $35 per day
DWISIS if 1st offense$250.50 fine on accompanying chargeEHD if priors
Time to pay is granted.
GRANDVIEW (Updated 2/18/13) Credit CardGrandview Municipal Court Can handle some tickets by mail1200 Main Street Don’t need to call Roger on under 20 over tickets just mailGrandview, Missouri 64030Rebecca Diederich 316-4854 Raschelle or Melissa 316-4837 Fax 816-316-4876Roger Potter - Prosecutor - 316-4853
Continuances - fax entry to 316-4876. All entries must include citation number and attorney selected court date. (Go to www.grandview.org to locate court calendar for attorney dates). The court will return a file stamped copyof the entry via fax. If you do not receive this within 24 hours call 316-4837.
Court will tell you if you can handle ticket by mail
Speedinggo at 5:30 if going to courtSpeeding 19 & under = $205.00 totalSpeeding 20- 25 = $230.00 totalSpeeding 26-30 = $255.00 total30 + over + Mandatory Court Appearanceextra $45 if warrant - warrant fee must be paid before court will set aside warrantSchool Zone + $25 Work/Construction + $50Seat Belt $50.00 The city of Grandview passed a city ordinance July 2013 which made their seat belt a
primary offense and increased fine to $50.00Insurance (has now) $130.00
DWS - Amended to defective for $280 total if reinstated
FTA/Warrant recall $45.00 FTA fee per ticket to recall warrant.
GREENWOOD Mail In
Email recommendation request to Jim Witteman [email protected] and he will email backAll requests must contain the following information: the defendant’s first name, middle initial (unless it is a verycommon name then full middle name), last name, citation numbers, charges, incident dates and court date.
Must send plea request to prosecutor, no rhyme or reason to costs. Most are between $200-250 for def equipmentamendments.
School Zone and construction zone tickets are an additional $50*must send copy of amendment email from prosecutor Jim Witteman to court along with check and copy of ticket.
Jim Witteman Email: [email protected] Ph: 600-1083Greenwood Prosecuting Attorney, PO Box 1485, Raymore, MO 64083
Greenwood Municipal Court, clerk - Carol ext 21709 W. Main, Greenwood, MO 64034-0409 phone 537-6969 fax 537-7461
Time to pay is not normally given.
HARRISONVILLE380-8903Attorney must contact prosecutor, Joe Cambiano for amendment informationTime to pay is granted
HIGGINSVILLEPO Box 110Higginsville, Missouri 64037660-584-2106
Prosecutor: Barry Gilbert 660-747-8131 Fax 660-747-81496/2013 73/55 was $258.50
HOLDENThese are FCC tickets. Handled through Johnson County Associate Circuit Court.Prosecutor: Karl TimmermanRequires written/signed guilty plea to the amended chargeFirm check payable to “Clerk of the Court”Copy of ticket, guilty plea, check and SASE mailed to Karl Timmerman NOT COURT
$100 plus court costs of $37.50 up to 15 overadditional $10.00 per mph over 15additional $25.00 school zone
HOLT320-3391Amendments by mail, but you must first call the prosecutor, Steve Wolcott
INDEPENDENCE CheckIndependence Municipal Court111 E. MapleIndependence, Missouri 64050(816)325-7239
Court Days: Tuesday, Wednesday & Thursday (traffic)DV - Friday
Prosecutor's Office - 325-7222; Mitch LangfordD.V. (Fridays) Ellen Greenberg
SpeedingDefective equipment fine - $200 ($173.50 + $26.50) as of July 1, 2013extra $25 to $50 if excessive speed (22 over +)school zone +$50$50 extra if warrant (doesn’t always charge this)Must make Court appearance
Seat Belt - The city of Independence enacted a city ordinance in July, 2013 which made the seat belt a primaryviolation and increased fines to $50.00.
Add ons, Tue, Wed, Thurs, before 2 pm.
AccidentsIf insurance then defective for $300.00 (1/27/15)
DWI SIS on DWI if 1st offense$328.50 fine + costs on accompanying charge, sometimes $428.50 defective.
Driving while suspended/revokedIf reinstated - failure to produce (not sent it) $255 total
No insuranceNG if had insurance thenInsurance ticket, has now $200.00 {may only charge $175 if multiple tickets but collect $200}
Improper Tags/Expired Tags - $100.00
Failure to produce driver’s license - if valid now $100.00-$200 (no real policy on this)
Judge Helm will usually give time to pay. Judge Watkins usually will give time to pay but wants something paidon the day of court.
You are only allowed two add-ons per day (two Defendants). Add ons are allowed on Tuesday, Wednesday andThursdays at 8:30, 9:30, 10:30 or 1:30, excluding the first Wednesday of each month.
Failure to appear - Must handle within 30 days of failure to appear date or license will be suspended.
KANSAS CITY Credit Card
* IF UNDER 21-must attend a 4 hour driving school for $55 before ticket can be amendedKansas City Municipal Division1101 LocustKansas City, Missouri 64106(816) 513-2700
Courtroom H required appearance for continuances & set asides
Prosecutor's Office - 513-3806
Courtrooms A, B. C, D are on the 2nd floorCourtrooms E, F, G, H are on the 3rd floor
Speeding Defectives * 15 mph over or less No longer charging warrant fee1st Amendment $223.50 No compliance notice until handled2nd Amendment + $50.00 = $273.50
Defectives * 16-20 mph over *1st Amendment = $273.502nd Amendment + $50.00 = $323.50
Defectives * 21-25 mph over *1st Amendment = $323.502nd Amendment + $50.00 = $373.50
School Zone Add an additional $50.00 to base fine + court costs
Construction zone $450 + $48.50 court costs = $498.50
Motion to withdrawal guilty plea within approx. 9 months. (Add $50 to fine)No insurance
Had insurance - show proof - dismissedHave insurance now - show proof - $100.00 + $48.50 = $148.50
AccidentDefective muffler $300 fine + 48.50 cc = $348.50
DUI1st Offense - SIS/1 yr.$250-300 fine on accompanying ticketSATOP and Victim Impact Panel
2nd Offense - Usually Reduced to BAC
Driving while Suspended/RevokedIf reinstated amended to No valid op - 2pts. ($150 fine & costs $48.50)Some courts will do SIS + sometimes 20 hrs. Comm service
Seat Belt The City of Kansas City passed a city ordinance in May of 2013 which established this as aprimary offense and increased the fine to $50.00. Some tickets are showing up on rejis as $15fines. Prosecutor will honor that amount.
Solicitation1st offense - Amend to disorderly conduct$500 fine + school (sometimes AIDS test)
Time to PayDefendant must be present to sign time to pay contract.10% to court within 15 days of case being amended unless case to warrant status then 10% required prior
to payment contract to cancel warrants.If old fees contract will be updated to include new fines.Remainder of balance in equal payments using the following scale:
Length of time to pay Amount Due
30 days Up to $100.00
60 days Up to $300.00
90 days Up to $500.00
6 months Up to $1,000.00
9 months Up to $1,500.00
12 months Up to $2,000.00
If fails to pay by due date, 10 day notice sent outIf fails to bring current after 10 day notice, court date set for Show Cause Hearing. Defendant will receive
summons and notice to appear for Show Cause HearingJudge will review evidence at Show Cause Hearing and determine whether Defendant can afford to pay the
contracted amount.If prior to Show Cause Hearing Defendant brings account current, clerk authorized to remove case from
Show Cause docket.If Defendant fails to bring account current and fails to appear, Judge will issue bench warrant for failure to
appear.
KEARNEY628-4142Amendments by mail but you must first call prosecutor, Brian Hall. You will need to provide Defendants drivingrecord. Judge Butcher does not give time to pay to Defendant’s represented by counsel. Best way to contact clerk,Joan Updike is by email at [email protected].
LAKE LOTAWANA (updated 10/24/13) Check578-4215 CasenetLake Lotawana Municipal Court100 Lake Lotawana RoadLake Lotawana, Missouri 64086Clerk - Michelle 578-2298Fax: 578-4035Prosecutor - Hugh Ryan 525-2400
Speeding FTA $50.00 + CC $33.00 = $83.00 per ticketDefective equipment1 to 14 over court costs & fines $268.0015 to 29 $308.00Window tinting - $75.00 + $32.50 = $107.50Can do by mail.Judge has recently started giving time to pay - usually one month
LAKE TAPAWINGO CheckLake Tapawingo Municipal Court144 Anchor DriveLake Tapawingo, Missouri 64015224-6645Clerk - Tricia Ross
Prosecutor - John Bragg - 220-0535
SpeedingCourt costs $25Speedingup to 15 over $200.00 1/10/13 John only charged us $200 on three under 15 over cases16-20 over $250.0021-25 over $275.0026-30 over $325.0031 & over $350.00
Construction zone workers present $350.00Construction zone workers not present $275.00
Failure to appear additional $75.00Possession (adult) amend to disorderly conduct $275.001st time DUI - SIS plus court costs $24.50; 2 years probation, companion charge defective equipment $275.00;
$100 recoupment fee
Minor in possession $275.00 + 10 days jail SES 2 yearsDWS/DWR if reinstated $225.00 if not reinstated $325.00C& I without accident Defective $200.00C&I with accident and insurance Defective $250.00No proof of insurance:
had insurance at time of stop $75.00has insurance now $175.00no insurance at stop or now $325.00
Must make appearanceCourt is held on 2nd Thursday of each month except December at 5:30 p.m. Amendments by mail but must contactprosecutor, John Bragg first. Time to pay is granted.
LAKE WAUKOMIS741-2079Court time 7 pm on 3rd Tuesday of each month. Amendments by mail but must call prosecutor, John Cady.Time to pay is given.
LAKE WINNEBAGO updated 3/31/15 CheckLake Winnebago Municipal Court10 Winnebago DriveLake Winnebago, Missouri 64034537-6778
Prosecutor - Bill Marshall - 943-1115Clerk: Angela “Angie” Sorrell - 816-537-4140
Can do defective by mail (Call Bill first)$200 total w/ court costs included (up to 15 miles over)16-20 $250.0021-25 $300.00No insurance, have now $250.00
tags $100.00
*contact by fax or email fax: 816-537-6778email: [email protected]
+$50 if school zone or construction zone+$100 for FTA
Mail firm check + Self addressed stamped envelope to Bill Marshall at Court addressJudge Ryan does not give time to pay
LAWSON580-3217Attorneys may obtain one continuance by phone. Amendments by mail but you must first contact prosecutor, EllenGreenberg Jacobs. Judge Howard does not give time to pay.
LEE'S SUMMIT updated 11/6/14 Credit CardLee's Summit Municipal Court Casenet10 N.E. Tudor RoadLee's Summit, Missouri 64086
(816) 969-1150 Clerk advised on 2/18 no more FTA feesProsecutor's Office - 969-1420Terri Cipolla Round, ProsecutorVirginia & Maria, Secretaries for Prosecutors.
Judge: Dana Altieri
Court address for e-mail continuances: http://cityofls.net/Municipal-Court/Attorney-entry-card.aspx
Under 21 and excessive speed (20 +) then usually YTOP class requiredSpeeding10-15 over $176.50 + 35.50 = $212.0016-25 over $226.50 + 35.50 = $262.00General traffic violations $176.50 + 35.50 = $212School Bus Stop Arm violation $200.50 + 35.50 - $236.00 {1st offense, if not first offense driving school
required}C & I $226.50 + 35.50 = $262.00 + they must complete approved driving school - if under 25 YTOP
insteadAccident cases $226.50 + $35.50 = $262.00 - plus proof that damages have been paid by Defendant or insurance
company. If Defendant <25 y/o must complete approved driving schoolC & I with accident $300.00 + complete driving school and proof damages paidNo insurance - valid now $151.50 + $35.50 = $187.00No License - valid now $151.50 + $35.50 = $187.00
$50 extra for construction zone; travel safe zone (same as ARZ) or school zone
Expired/invalid/no front license plates $107.00
Driving While Suspended/RevokedIf reinstated amend to failure to produce (not sent in to DOR) $300.00Don't have to go before Judge, can do between 3pm and 4pm.
DWI1st offense - SIS 2yr supervised probation ($20/month)SATOP and VIPrandom UAs$300 on accompanying charge
MIPUsually will dismiss upon 20 hrs. C.S.Class, 20 hrs of community service, an amendment to disturbing the peace with fines and costs of $237 perJonathan Lourenco
Wednesday and Thursday all day dockets. Unless a case is set for trial attorneys can appear at any docket time fora ticket that is set that day. Dockets are at 8:30, 9:30, 10:30, 1:00, 2:00 or 3:00. No longer have a Friday docket.Time to pay is not given
LIBERTY {updated 11/22/13} CAN NOT DO BY MAIL!101 E. Kansas CheckLiberty, MO 64068439-4430 / Fax 439-4435Janet Gustin, Clerk 439-4432Jan 439-4431Tammy 439-4433
Tom McGiffin, ProsecutorCourt costs are $26.50
Speeding (as of 11/22/13)Defective 1-19 $204.50
20-25 $254.50Must make appearance 6:30pm on 7:00 docket to pleaFriday morning 9:00am docket - Pros. arrives at 8:30
Accident Court subpoenas witnesses - requires appearance on 1st setting for continuances unless youabsolutely can not appear - then call court no later than Monday before court date and they will tryto contact witness but if they can’t reach them then someone must appear.
Insurance and no injuries Defective equipment - $250 fine + 29.50 costs = $279.50 (as of 9/26/13)
Judge Capps will give time to pay.
LONE JACK (Updated 5/8/12) CheckLone Jack Municipal CourtP.O. Box 53Lone Jack, Missouri 64070
Sandra, Clerk - 697-2911 Jim Hall, Prosecutor - 690-4111
up to 19 mph for defective $225 total20-25 over $275 total26 + handled on case by case basis
90 mph $32595 mph $425
stop sign $225.00No insurance - has now $225.00Court 7:00pm - Go at 6:15
No time to pay granted by Judge Eskew.If doing a set aside, its preferred (but not mandatory) that you fax the motion to the court in advance. Attorney’shave been showing up with the motion in hand and adding the case to the docket, which is allowed, but faxing themotion in advance is preferred.
MOSBY CAN NOT HANDLE BY MAILSally, Clerk - 628-4875 *hours 10-2 Monday Wednesday and Friday Fax No.: 816-628-9941Prosecutor: Tom McGiffin - 816-781-1500Judge William Shull - 816-792-4242will always continue first court date, court is 2nd Thursdays at 1:00Time to pay is given
4/23/12 speeding $200.00
NAPOLEON MUNICIPAL COURTClerk: Karen Neuwig cell 726-1657
NORTH KANSAS CITYMunicipal Court of North Kansas City
2010 HowellNorth Kansas City, Missouri 64116
Sonya Wegener, Clerk - 274-6007Anthony Bologna, Prosecutor - won’t deal ahead of time
Continuances - attorney must call court first before faxing request for continuance
*Amendments by mail may be processed if the following is received at least 7 days prior to the court date.Cover letter, entry of appearance, sase & check
Speeding 1-10 over $215.00Speeding 11-15 over $240.00Speeding 16-20 over $265.00
Obedience to signstraffic lanefollow too closelyright of wayfailure to yieldU turnswrong way one waytraffic signal
no operators licensefailure to signalstop signturnsoff truck route
These violations will be amended to Def Equip$215.00
*any charges involving accidents or any other aggravating circumstances require a court appearance. No CDLamendments by mail (appearance required)Call for court date ahead of time - must appearCourt at 6pm - go at 5:30
Judge Fuller does give time to pay: 1/3rd must be paid at time of court with two more payments of 1/3rd per monthfor the following two months. No time to pay is given for simple amendments.
NORTHMOOR741-3896Northmoor Municipal Court4907 N.W. WaukomisNoorthmoor, Missouri 64151
Speedingup to 14 over $250.0015-19 over $275.0020 over $300.0021-25 over add $10.00 for each additional mph over up to 25 over.
John Cady: Email [email protected]
Northmoor is getting its first traffic light. They don’t currently have an ordinance for a traffic light violation, so anordinance will have to be enacted (6/2010). Mail in amendments are rarely done. Attorneys need to appear. Clerkwill give you a ballpark figure for an amendment over the phone. Judge does not give time to pay.
OAK GROVE CheckOak Grove Municipal Court
1300 S. BroadwayP.O. Box 805Oak Grove, Missouri 64057690-3773 x1500 (Rachel)Pros. - Ellen Greenberg
SpeedingDefective $200 total or as determined by prosecutorCan do by mail$25 extra if failure to appear
Insurance has now probably $200
Judge Helm does not like to give time to pay but may upon request.
OAKVIEWOakview Municipal Court6406 N. LocustP.O. Box 10766Kansas City, Missouri 64118436-9150
Prosecutor Stuart Wieland
SpeedingCan do by mail but must contact prosecutor first.up to 19 over $185 totalschool zone $225 total20-29 over $225 total
ODESSA Check601 W. Main St (Community Bldg.)Mailing address 101 N. 2nd StreetOdessa, MO 64076816-633-7575 Fax 816-633-7221Clerk - Jill Welty Pros. - Jim Hall
Speeding - Must make appearance - Defectives start at $211.50 total for under 20 over (1/21/15)
OSCEOLA MUNICIPALProsecutor - Josh Jones 417-646-2245
PARKVILLE (updated 3/3/15) can just mail in - no need to callParkville Municipal Prosecutor allows amendments in advance under the following conditions:1. No CDL License2. First offense; no accident3. Forward to court4. Letter with name of defendant, case number & request5. An entry of appearance6. Self-addressed stamped envelope for return receipt7. Law Firm CheckParkville Municipal Court8880 Clark Ave
Parkville Missouri 64152741-1332 phone741-6246 faxProsecutor - Pete Schloss 455-0555
Speeding Warrant Fee 35.00Failure to Dim Lights 188.00Following Too Close 238.00Ignoring Street Barricades 238.00Illegal Turns 238.00Improper Passing 238.00Speeding (1-15 over) 213.00Speeding (16-25 over) 238.00Speeding (26 miles & over) REQUIRES A COURT APPEARANCEStop Sign/Light Violation 210.00Turn Signal Violations 235.00Wrong Way-One Way Street 235.00
Amounts above include court costs. If violation occurred in a construction zone an additional charge mayapply. All other violations require personal appearance by attorney
Please mail to the : Parkville Municipal Court8880 Clark AveParkville, Missouri 64152(816) 741-1332 phone(816) 741-6246 fax * send Entry of Appearance w/payment
Time to pay is granted only as a condition of probation. The judge will also accept a plea agreement and set a newcourt date by which time the Defendant must have paid the fines and costs. Client does not need to appear iffines/costs paid in full before court date.
PECULIARPeculiar Municipal Court Judge Steve SakoulasPO Box 267Peculiar, Missouri 64078816/779-5104 Fax: 816/779-5105Court Clerk: Isabel Simmons 816/779-5104Prosecutor: Clayton Jones PH: 318-4266 FX: 318-4267
Defective equipment call prosecutor does each on an individual basis $200-$250Can do by mail - Fax prosecutor Request for Recommendation letter along with copy of ticketNo time to pay given.FTA $150.00 extra per ticket
PLATTE CITY858-3618
Platte City Municipal Court400 Main StreetPlatte City, Missouri 64079
Mail in amendments possible.Time to pay is givenClerk would appreciate receiving attorneys Entry of Appearance prior to court date so the information can beentered into the computer before court, saving time the night of court.
To be eligible for mail in amendment a defendant must:1. Have a clear traffic history for the 24 months preceding the date of the offense;
2. Not have a commercial driver’s license3. Not have been involved in an accident;4. Have a valid motor vehicle insurance policy in effect on the date of the violation.
Offenses available for mail in amendment and associated fines and costs to amend:Offense Amendment Fines (including $24.50 court costs)Failure to dim lights $150.00Following too close $200.00Ignoring Street Barricades $200.00Illegal Turn(s) $185.00Improper Passing $185.00Speeding : 1-15 over $175.00
16-20 over $225.0021-25 over $275.00more than 25 over requires court appearance
Stop sign/light no accident $185.00Turn signal $175.00Wrong way one way street $185.00
Insurance - may request mail in amendment if proof that Defendant had insurance at time of offense. Proof ofcoverage will require either a letter from the insurer on appropriate letterhead, indicating the Defendant hadinsurance on the date of the offense or a copy of the appropriate insurance card accompanied by a signed affidavitstating that the card is true and accurate.
Process:Requests shall be made in correspondence sent no later than 10 days prior to the scheduled court
appearance. The request shall include;1. A separate written entry of appearance by counsel2. The Defendants name and case number3. A SASE for return of the receipt4. A law firm check for the fine payable to Platte City.
PLATTE WOODS741-6688Mail in amendments allowed. Contact court clerk for procedure. Continuances allowed by phone.
PLEASANT HILL Updated 5/27/14Pleasant Hill Municipal Court203 PaulPleasant Hill, Missouri 64080540-3135Prosecutor - Kevin Anderson - 380-3366 - must email prosecutor first to arrange plea
Email: [email protected] Fax: 887-5757
SpeedingDefective equipment - $202.50 in person up to 15 overcan do by mail $227.50 by mail up to 15 over
PLEASANT VALLEY {updated 10/23/13} Check792-4812 Court time Monday @ 5:30 pmCourt Administrator: Rebecca Bounds Part time clerks: Kathy Bell and Helen MannCourt will allow amendments to be paid during normal business hours call 816-792-4812. Attorneys wishing tohave amended charges can hand deliver (NO MAILING) the following:
1. Copy of ticket2. Attorney’s check payable to City of Pleasant Valley or cash in the sum of $2003. Entry of Appearance4. Self addressed stamped envelope* Amendment requests must be submitted by 5:00 pm Friday before court.* No walk in amendments are allowed if there are multiple tickets.* Amendments that will be considered by the Prosecutor by this procedure shall only be for the following non-accident, non-school zone, non-construction zone violations:
1. Speeding under 20 above the limit2. Stop sign3. Lane violation
If the prosecutor cannot under the circumstances amend the violation for any reason, you will be notified of a newcourt date. Otherwise, a receipt will be mailed out for the non-moving violation withing about 5 working days.
Warrants: They will not set aside warrants - require bond to be posted
Up to 15 over $228.00 Failure to Appear + $103.0016-20 $253.0021-25 $278.0026-30 $353.00Over 30 mph Attorney must appear and see Prosecutor
School zone add $100.00 (no kids) if kids were present $500.00Driving while suspended - if reinstated $250.00 (?)Stop sign/ red signal violation $228.00Failure to maintain single lane $228.00Following too close $228.00Excessive Acceleration $228.00
Court is 2nd and 4th Monday’s of each month. Time to pay: Judge will accept plea agreement and set a newcourt date by which the full finds and costs must be paid. Client does not need to appear on the new date if fullfines and costs have been paid before then.
RANDOLPHRandolph Municipal Court7777 NE Birmingham RoadRandolph, MO 64161455-0100Court Administrator: Carol WheatProsecutor: Juan Gomez 806-5131Defectives; Can do by mail but must call/email prosecutor, Juan Gomez first. [email protected]
Fine Court Costs TotalSpeeding 1-15 over $205.00Speeding 16-25 over $205.00 ? Case by case basisSpeeding 26+ (requires court appearance)Stop sign / Light violation 146.50 26.50 176.00Following to close 146.50 26.50 176.00Ignoring street barricades 125.50 26.50 155.00Illegal turn 125.50 26.50 155.00Failure to dim headlights 125.50 26.50 155.00Turn signal violation 125.50 26.50 155.00Wrong way-one way street 125.50 26.50 155.00
FTA extra $100Insurance violation - Proof of insurance must be mailed to court. Charge will be dismissed if defendant hadinsurance at the time of citation.Any charge involving an accident or any other aggravating circumstances requires an appearance in court.
Please Mail to the: Randolph Municipal Court7777 N E Birmingham Rd.Randolph, Missouri 64161816 455 0100
Failure to include all items required will result in the case not being amended.Judge Anthony Bologna gives time to pay.
RAYMORE updated 3/31/15Raymore Municipal Court100 Municipal CircleRaymore, Missouri 64083
Attorney plea docket at 3 pm on the fourth Thursday of the monthProsecutor: Bill Marshall 943-1115Clerk: “Bert” Talken or Michelle 816-331-0634 Email entry/continuance pdf/[email protected] Call first on continuances to get available dates
Can do defective by mail (Call Bill first) fax: 816-331-1712; email: [email protected]
$205 total w/ court costs included (up to 15 miles over)16-20 and up $255.0021-25 $305No insurance, have now $255.00+$50 if school zone - if student in school zone Judge requires appearance of clientMail firm check + Self addressed stamped envelope to Bill Marshall at Court addressJudge Stacey Lett does not give time to pay on amendments/plea agreementsFailure to appear additional $102.
RAYTOWN (9/1/13) CheckRaytown Municipal CourtRaytown City Hall10000 E. 59th StreetRaytown, Missouri 64133(816) 737-6008
Prosecutor Ross Nigro
NON AMENDABLEThe following tickets WILL NOT be amended:
1. A speeding ticket in a normal zone that is 26 mph or over the speed limit.2. A speeding ticket in a school zone that is 16 mph or over the speed limit.3. Any ticket received as a result of an accident.
AGE 21 & UNDERIf a defendant is 21 years of age or younger, the defendant must complete an 8 hour minimum driving school beforethey will be eligible for an amendment. The proof of completion must be sent with the fine money before anyamendment will be considered.PROCEDURE TO AMEND BY MAIL
1. A cover letter that identifies the defendant & case number.
2. A legible copy of the ticket.3. A law firm check or money order payable to the City of Raytown.4. A driving school completion certificate, if applicable.
Court costs (10/1/14 $30.50)AMENDMENT FEES
CHARGE TOTAL ADDITIONAL TO MAIL IN (AMT handles InPerson)
Stop sign/Stop Light $275.00 50.00Following too close w/o acc $275.00 50.00Illegal Turn/Turn Signal $275.00 50.00Speeding 1-15 miles over $275.00 50.00Speeding 16-25 miles over $325.00 50.00Speeding, School Zone 1-15 $325.00 50.00Careless & Imprudent w/o accident $275.00 50.00Other Non-Serious moving violationsw/o accident $275.00 50.00No Insurance-valid now $200.00 50.00ADDITIONAL FEESWarrant Fee 50.00 per ticket per warrantSeatbelt 10.00**Any charge involving an accident or any other aggravating circumstances, requires an appearance incourt.Mail to: Raytown Municipal Court
10000 E 59th StreetRaytown, Missouri 64133(816) 737-6008
Failure to include all items required, will result in the case not being amended. The case will remain on the docketand if the defendant fails to appear, their drivers license will be subject to suspension and a warrant may be issuedfor their arrest.
Minor in Possession 1st offense SIS CostsProbation 1yr and Alcohol School ($75)
DUI - 1st offense SIS/2yrs $350.50 (?) + $29.50 costs on accompanying ticket
DWSIf reinstated, amended to defective equipment $350.50(?) + 29.50 court costs = $380.00
Shoplifting $500.00 (?) + $29.50 = $529.50 amended to disorderly conduct
Judge Fann does not give time to pay.
RIVERSIDERiverside Municipal CourtP.O. Box 9135Riverside, Missouri 64168(816) 741-1212
As of 1/14/04 Defectives can be done by mailMust send driving record Failure to appear fee $105.00Fax entry and the court clerk will fax back the new court date and price of the defective with mail-in options.
Defectives start at $200.00.
SMITHVILLE532-0500Court meets on 1st and 3rd Wednesdays of each month. Prosecutor arrives at approximately 4:30 pm. and Judge ison the bench at 6:00 p.m.Prosecutor: Dawn Schaag
Can mail in defectives up to 25 over: Call to verify amount1-15 over $23016-20 over $25521-25 over $280.00
Attorney must request a stay of execution in order to get time to pay.
SUGAR CREEK CheckSugar Creek Municipal Court103 N. SterlingSugar Creek, Missouri 64054Kathy - Clerk - 252-4400 x130Prosecutor - Bob Welch
Defective equipment - $175.00 + $24.50 court costs*court rounds up so it will be $200.00excessive speed 20 over will be $250.00*prosecutor sets price
Driving while suspendedGet reinstatedAmend to Failure to produce$200 fine + court costs
Court 2nd and 4th Tuesdays at 5:00 pmJudge Helm doesn’t usually give time to pay.Continuances may be requested by phone
SWEET SPRINGS325 South MillerSweet Springs, Missouri 65351660-335-4564Fax: 660-335-4409
Mary A. Schowengerdt, Court Clerk
Ann Moody Johnson, Prosecuting Attorney15 North Lexington Avenue, Suite 2, Marshall, MissouriPH: 660-886-6100
TRACY 208 Second St. P.O. Box 318Tracy, Missouri 64079telephone 816-858-5555fax 816-858-5554
If ticket qualifies for amendment by mail, needs to be address to Susan Crowley, Municipal Court ClerkSusan Crowley, Clerk of the Municipal Court208 Second St. P.O. Box 894Tracy, MO 64079Checks to be made out to Tracy Municipal Court, a defendant’s check will NOT be accepted
Failure to stop at a posted stop sign: Fine 125.50 Costs 24.50 total 150.00Improper lane use: Fine 150.00 Costs 24.50 total 175.00Exceeding posted speed limit
1-10 miles over Fine125.50 Costs 24.50 total 150.0011-15 miles over Fine 150.00 Costs 24.50 total 175.0016-20 miles over Fine 175.50 Costs 24.50 total 200.0021-25 miles over Fine 200.50 Costs 24.50 total 225.00
*More than 25 miles over cannot be handed by mail*
WARRENSBURG Can Mail InWarrensburg Municipal Court102 S. Holden StreetWarrensburg, Missouri 64093(660) 747-9132
Prosecutor - Doug Harris Judge: - Jim Hall
SpeedingAmended to defective equipment - double the original fine + $_____ court costscan do by mail - send entry and written, signed plea agreement w/ check to City of Warrensburg to Prosecutor atabove address
Minor in Possession - Must make appearance - option of guilty to ordinance violation for $150 + $_____ costs orSIS/2yrs. and 20 hours comm. service (must be performed in Jo. Co.)pays only $____ costs. Will give client alone same deal but must meet with prosecutor outside of court.
WEATHERBY LAKE741-5545They now do amendments by mail. They have a rate chart but decline to publish it. Call clerk and she will giveyou and amount and procedure to amend. Prosecutor arrives at 6 pm, court 7 pm. Continuances allowed by phone. Clerk will usually grant 3-4 total (including ones requested by client prior to representation) before advisingattorney that appearance is required. Time to pay is given.
KANSAS (NOT UPDATED FREQUENTLY)
KANSAS CITY, KSKansas City, Kansas Municipal Court701 N. 7th StreetKansas City, Kansas 66101573-5200
Prosecutor's office - 573-5060; Megan Schultz Prosecutor
Speeding - Must make appearance at court date on ticket; <20 mph $200.00; > 20 mph $300.00 so long as the caseis resolved on the first court date. May add $30.00 to amendment fines if the case has been continued.Will not amend no insuranceDWS: Amended to illegal parking for $351.50Will not give time to pay but will continue for payment - Attorney appearance not required for payment date.If case is an e-ticket you can resolve it on any court date.
LANSINGLansing Municipal Court800 1st TerraceLansing, Kansas 66043(913) 727-3000
Prosecutor - Catalina Thompson best to email: [email protected]
Speeding - Amended to illegal parking; fines depend upon client’s driving record. Double the fine if client has aclean record; Triple and quadruple the original fine if the client does not have a clean record.
LEAVENWORTHCity of Leavenworth Municipal Court ClerkCity Hall5th and ShawneeLeavenworth, Kansas 66048(913) 682-9201
Prosecutor - Robert Beall - 682-3822 (office)
Speeding - Amend to no point violationNumber in lower left of ticket - Double fine minus $7. Can do by mail with letter to clerk.
LEAWOOD - CANNOT DO BY MAILLeawood Municipal Court4205 Town Center DriveLeawood, Kansas 66211(117th & Roe)913-339-6735 FAX 913-339-6778
Clerk - Linda Reeves ext 218Prosecutor - Nathan Sutton ext 226 or 913-385-0444
SpeedingReduced to illegal parking; Call for fine amount (120+10)
No insurance$200 fine ; $100 if has insurance nowDriving while suspendedIf reinstated reduced to failure to produce $100 + $10 costs
Open plea docket on Thursdays between 1:00 p.m. - 4:00 p.m.
LENEXA - CAN NOT DO BY MAILLenexa Municipal CourtP.O. Box 14888, 66215477-7600
Prosecutor: Cory KenneyCall to get set on attorney plea dockeTNon-moving violation - double the fine
MERRIAMMerriam Municipal Court9000 W. 62nd TerraceMerriam, Kansas 66202722-0242
Judge: John Harvell Prosecutor: Beth Both
SpeedingAmend to illegal parking; Double the fine amount on the mailerCall to set on Attorney plea docket (Thursday at 2:00 pm)
MISSIONCity of Mission Municipal Court6090 WoodsonMission, Kansas 66202913-676-8325
Prosecutor - David Martin
Speeding - Can do by mail; amend to Illegal Parking; Double Fine + court costs; Call first to set on Attorney PleaDocket {2nd and 4th Tuesday of Month at 8:00 a.m.}
MISSION HILLS CAN DO SOME TICKETS BY MAILCity of Mission Hills Municipal CourtThrough Prairie Village913-385-46806300 State LineMission Hills, Kansas
Prosecutor - Steve Sakoulas
Speeding; Amended to illegal parking; Double fine and No Court Costs - Done on a case by case basis / call courtclerk
Tickets that can be mailed in:Client is an adult, minors must personally appear in courtNo more than one ticket amended in Mission Hills during the most recent 12 months
Ticket is a standard fine offense (if ticket lists fine on front probably a standard fine offense) examples:speeding, stop sign, failure to signal
Full payment is tendered with letter. Time to pay not granted.
Procedure:Call clerk at 913-385-4680 and enterrequest clerk place ticket on attorney plea docket. Clerk must receive letter and check prior to this date.
You must request clerk place ticket on attorney plea docket. Failure to do so will require a personal appearance byattorney and warrant may be issued for failure to appear.
Mail letter, check and SASE with enough time for court to receive it prior to atty plea date.
OLATHE CAN NOT DO BY MAILProsecutors: Kevin Kunkel & Curt HooverAttorney plea docket on FridaysTo set aside warrant either client or attorney must appear on the 8:00 a.m. Monday docket.Speeding - amended to illegal parking; double the fineMight amend school zones & construction zones - depends upon which prosecutor you draw
OVERLAND PARK CAN NOT DO BY MAIL8500 AntiochOverland Park, Kansas 66212895-6000
SpeedingAmend to illegal parking for $250.00; only one amendment within the last 12 monthsWill not amend school zone or construction zone ticketsWill not amend above 20 mph over
Driving while Suspended/Revoked - Amended to illegal parking if reinstated for $250.00; will not amend if clienthas a prior DWS conviction, no matter how old it is.
AccidentNeed letter from victim that damages paid by insurance and that they have no objection to amendment of the ticket.Will then amend to illegal parking - $250.00
PRAIRIE VILLAGE Can do some tickets by mailPrairie Village Municipal Court7700 Mission RoadPrairie Village, Kansas 66208385-4680
Mail In Tickets:single infraction standard fine offense (if ticket has fine amount on front probably qualifies)19 y/o or older on date of offenseNot more than one other ticket amended in Prairie Village in year prior to date of present ticketNo accident of any typeNo school zone or construction zoneNo more than 20 mph over posted speed limit
Procedure:Call clerk at 913-385-4680 to enter on caserequest continuance if insufficient time to mail in payment
Send letter to City Prosecutor at the court address indicating client has authorized entry of plea of guilty toamended charge of illegal parking, a non moving violation in require for a fine equal to double the amount of theoriginal fine listed on the ticket. Add warrant fee, late fee or reinstatement fee to amount if appropriate. Trustcheck, SASE.
ROELAND PARKRoeland Park Municipal Court4600 W. 51st StreetRoeland Park, Kansas 66205677-3389Prosecutor - Frank Gilman - 913-381-5280SpeedingCAN DO BY MAIL unless school zone or get set on atty plea docket (6:30pm) Double fine
SHAWNEEShawnee Municipal Court11110 Johnson DriveShawnee, Kansas 66203913-742-6003 x3Client can do without attorney in person.Can do by mail but call first to verify.Double fine - Might not amend speeding ticket if case went to warrant
KANSAS COUNTIES - Not updated regularly
JOHNSON COUNTYClerk of the District Court - Traffic Division can be handled by mailJohnson County Courthouse100 North KansasOlathe, Kansas 66061
Court (traffic division 913-715-3470) Diversion 913-715-3011
District Attorney - (913) 715-3000 x5Most moving violations are eligible for diversion. Diversion can be done out of court at the Prosecutor’s
office on the 4th floor.**advised to pay by check - you will need 2 checks (one payable to the Clerk of the District Court and one
payable to DA Trust Fund). If you pay in cash you must have exact payment, will not make change.
Motorcycle citations, stop signs and tickets issued by park rangers are not diversion eligible.
DWI - {As of 11/1/12 all DUI’s are filed in District Court not traffic court.}1st offense - apply for diversionno diversion if BAC > .20If no diversion 2days jail (or hospital)$200 fine + 44 costs
LEAVENWORTH COUNTYLeavenworth Justice Center601 S. 3rd Street, Suite 3069Leavenworth, Kansas 66048
Prosecutor's office - 1-913-684-0480 Becky Matzedar diversion coordinator
SpeedingDiversion - pros. sends agreement to be signed by atty. and clientMost traffic case diversions can be done by mail without court appearanceno moving violations for 3 months; Cost varies upon speed + $60 court costs
WYANDOTTE COUNTY CAN NOT DO BY MAILWyandotte County Courthouse710 N. 7th StreetKansas City, Kansas 66101573-2800
Liberal on continuances but must appear
Traffic Department - 573-4117District Attorney - 573-2851
Speeding: Amended to illegal parking; double the original fine plus court costs; do not need to talk to officeranymore; do not amend 20+, school zone, construction zone
Open docket for non DUI cases on Monday and Thursdays 3-4 pm at the traffic clerk’s window. Prosecutorwill be there to amend or continue your case.
DUI1st Offense - Apply for DiversionASAP - 342-3011
Application Fee $ 150Evaluation Fee $ 110Fine $ 200Court Costs $ 39
$ 499Driving while Suspended or Revoked - If reinstated amend to failure to produce, $100 + court costsNo insurance - will not amend
CIRCUIT COURT TRAFFIC INFORMATIONCOUNTY INFORMATION
BUCHANAN COUNTYBuchanan County Circuit Court411 Jules StreetSt. Joseph, Missouri 64501816-271-1462
Prosecutor: Dwight Scroggins Jr (816) 271-1480Will allow amendments by mail but only on tickets that are less than 80 mph or 15 over or less. email: [email protected] Send amendment request via email
CALLAWAY COUNTY e file courtProsecutor Joe Wright 573-642-0714Court Clerk 573-642-0780They will amend speeding tickets to no point speed if no prior convictions within 24 months.
CASS COUNTY E Filing on all traffic mattersCass County Justice Center2501 W. WallHarrisonville, Missouri 64701380-8100 Fax - 380-8195check made payable to: Associate Court Division III
Prosecutor's Office Ben Butler, Prosecutor Lauren is currently handling traffic cases (1/6/15)380-8250 Offers - send a written request to Lauren at [email protected]
Joseph Van Amburg 380-8250 Email: [email protected] He is handling all continuance requests andprefers communication by email. Email needs to contain date you want casecontinued to.
CONTINUANCES Must E-file a separate Entry & Continuance form for each case. All continuance requestsmust be e-filed by 5:00 p.m. the Friday before the scheduled court date. All continuancerequests must state the prosecutor has no objection to the continuance request, a copy ofthe written confirmation from prosecutor must be attached, both documents must state thedate being requested. No exceptions. After that time a personal appearance is required toobtain a continuance.
new court dates will be assigned as follows:*Misdemeanors = approx. (60) days from the original court date; (Heard on Tuesdays)*Felonies = approx. (45) days from the original court date; (Heard on Wednesdays)*Regarding the above court dates the attorney & defendant must appear for either a plea or jury trial setting.
TrafficAssociate Circuit CourtCass County CourthouseHarrisonville, Missouri 64701
Speeding - can do by mail - payable to: Circuit Court, Division 31-14 over- $185 total15-19- $245 total20-24- $325 total
25-29- $390 total*If prior ticket in Cass Co within the last year, fine/costs will be higher. Doesn’t matter whether
amended or not on prior violation.
Careless Driving no accident-$170Careless Driving w/accident-$315
CALDWELL COUNTY816-586-2511Fax 816-586-30841-19-court costs $66.50 + fines $200 $266.50 total (payable to Clerk of the Court) with Entry and client’s plea ofguilty20 or more Defensive Driving Course is mandatory
CLAY COUNTY11 S. WaterLiberty, MO 64068Traffic 407-3870Clerk Paula 407-3876 or Vicki 407-3877
Prosecutors - Steve Mowry - 452-1800 & Ellen Greenberg - 325-7298Dockets Wednesday 9am and 1:30pm
Day before court - Fax list of clients, attorney name and bar # (of attorney that is appearing) to Court at407-3899. They will pull files and have them ready for attorney to pick up. Use Clay Co Fax to send info.
Defective Equipment ($50.00 + $66.50 Costs) usually $116.50 total; Fine bumped if excessive speed8/13/15 20 over ticket was $141.50
Can come any earlier docket but call traffic clerk first to reset
Tinted windows $120.50 (8/1/13)
AccidentsIf insurance and no injuries $166.50.
DWI1st offenseSIS/2yrs. supervised probation (Midwest ADP or NDS)Guilty on accompanying charge ($____ fine + costs)No fine if no accompanying charge ($66.50 costs)
2nd offenseSES 180 days2 year supervised probation48 hours jail time - they will allow scheduled jail timeamended to BAC
Continuances: Must file entry first (only entry no continuance request) then call court and request a continuance. Clerk will advise if you need to file a written continuance request.
COOPER COUNTY
Prosecutor 422 E Spring Street, Boonville, MO 65233660-882-7577 Fax 660-882-6621Email: [email protected]
They will not amend speeding tickets that are more than 15 over. Will allow DIP in lieu of points.Really high fines to amend ticket 14 over was $570.50
DAVIESS COUNTYProsecutor: Annie Gibson Fax 660-663-337411/10/14 72/60 amended defective equipment $268.50 2/6/15 10 over $210.00they probably will not amend anything over 15 over or if bad driving recordcan do driver improvement program in lieu of points or appear in court and ask for SIS probation which
will require community service in Daviess County.
HARRISON COUNTYPO Box 87Bethany, Missouri 64424
Prosecutor: 660-425-6423
6/21/11 - 15 over was $286.50Run driving record, must have no more than two tickets showing on driving record in last year or two.
Mail driving record and payment to above address.
DIVISION 33 - (Jackson County) (Bushur) Check
e-mail cont. requests to: http://www.16thcircuit.org/Divs/div_emailrequest.asp?div=33Jackson County Courthouse308 W. Kansas Independence, Missouri 64050 Tuesday and Thursday traffic dockets(Separate Clerk's Phone Numbers) 2nd Thurs of month only 1:30 docket
All traffic tickets must have copy of tickets and Order/Judgment sent with attorney on day of court
Speeding - Amended to defective equipment$100.50 fine for up to15mph over + $60.50 Court Costs $161.00$125.50 fine for 16 - 19mph over + $60.50 Court Costs $186.00
>20 over speeding tickets but less than 90 mph handled on a case by case basis. Fines are usually around $261.00. Attorney fees will be $150. Over 90 will be up to prosecutor.
Any other non-accident moving violation $104.50Const. Zone - if signs posted and workers present add $250.00 to original fine
if not workers present add $35 to original fineIntermediate license - will amend speeding, etc. but not intermediate license 2 pt. ticketracing - no amendments
Warrants: $50.00 extra if warrant This court will not set aside warrants - must either post bond or justgo in and be prepared to handle case
They don’t usually charge Anthony the warrant fee
Insurance - if had at time will dismissed (they will check to verify coverage was valid at time by calling insurancecompany)
If has now $210.50 defective
AccidentBring letter from ins. co. that damages have been paid, need the accident report; $200.50 fine for defective plus$60.50 costs ($261.00); No driving school
Accident Diversion Program:Must be represented by Attorney and entry filedno bodily injury per accident reportSign up with Midwest ADP by meeting with a representative from MADP at one of their office and paying$200 feeDefendant must complete, sign and have the following documents notarlized:
Diversion form with waiver of rightsFull liability acceptance and proof of insurance affidavit
No form substitutions will be acceptedThe Defendant may pay the victims in full out of pocket and if doing so, a full Release from all victimsmust be notarized and acceptable to MADP in addition to other documents.The Defendant needs to provide the Diversion Form with Waiver of Rights and Full Liability Acceptanceand Proof of Insurance Affidavit, copy of accident report and proof of insurance.MADP will determine if Defendant will be required to do any programs, education or community service.If Defendant fails to meet any of the requirements the case will remain on the docket. Defendant willreceive a single two month continuance to complete the diversion process.
Pre-trial Docket:Cases set on this docket must be disposed of on the day of the docket. Any case not disposed of, except as
set forth below, will be set for trial approximately 60 days after the docket.
Continuances - no case will be continued to a non-trial date unless you have discussed the case with theprosecutor and the Court approves the continuance.
Trials - Any case set for trial will not be continued, unless requested through the division two weeks priorto the docket. On the day of trial, Defendant will be allowed to plead “straight up” to the court at the end of thedocket and request the Court to set sentencing out. Any case set on trial docket may be scheduled early for plea.
1st DWI**BRING DRIVING RECORD, AIR and Accident Report (if applicable) **SIS/2yrs. Midwest ADP supervised probation($20 per month) + SATOP and VIP$304.50 fine on accompanying ticket$40 - $70 Recoupment Costs$77.50 + $60.50 court costs (138.00) on each ticket2nd offense - SES + $404.50 fine on accompanying ticket
Driving while suspended/revoked**BRING DRIVING RECORD and Reinstatement Notice if record does not show valid**
copy of driver’s license will not be accepted as proof of reinstatement1st offenseif reinstated amended to no operator's license $200.50 + costs ($261.00)2 days in jail if not reinstated (released at 12:01am) or 40? hrs. C.S.additional 2 days for each prior offense
Possession of Marijuana 1st offense - Diversion w/random UAs.
JACKSON COUNTY MUNICIPAL {Check}
Court Clerk/ Private Court Line: 881-1698 /public court line: 881-1697 Fax 881-4653Clerks would prefer everything be done by fax not email
Prosecutor/ Bob Welch & Eric ButkovichCourt Day: Wednesday Attorney docket is at 9:00 a.m. - Anthony has own docket so he can go whenever
he wants
Failure to appear - Court will process license suspension request even if they continue case. Must resolvecase within 30 days of failure to appear date. Get compliance notice.
Can request set aside of warrant by fax warrant fee $50.00Court costs $73.50
Speeding - Amended to defective equipmentup to and including 20 over $220.0021-25 mph over $300.00 on 6/4/14 charged $300 on 24 over
school zone - depends upon prosecutor - Anthony guess on 15 over would be $373.50 (1/13/15)
DWS - If reinstated, amended to defective for $390 total.
Accident ticketsFine and costs $375 Client does not need to appear
No insurance (had at time) - dismissedNo insurance (has now but didn’t have at the time) $300.00
No D/L (can’t get) they will not amend these tickets
License plate (expired, incorrect, no front plate, etc) $130.00
Tinted windows $124.00
Possession - option of amendment to disorderly conduct $374.00 or SIS with 20 hours of community service
Paraphernalia - option of amendment to disorderly conduct $374.00 or SIS with 20 hours of community service
JOHNSON COUNTY (Warrensburg)Associate Circuit Court2 Courthouse SquareWarrensburg, Missouri 64093Court Number (660) 422-7410 Fax (660) 422-7412
Prosecutors - all misdemeanors and traffic David Pearson 101 West Market, Suite 301Warrensburg, Missouri 64093(660) 422-7400 Fax (660) 422-7404Best to call on Tuesday or Friday afternoon
SpeedingFine $50 - $120 + costs (call for amount) (80 in 65 $226.50 total) (19 over $258.50 total)Send signed plea agreement (or signed back of tkt) and firm check payable to Associate Circuit Court
FCC tickets - fax entry to both FCC and court; they will then automatically send us an offer once the ticket reachestheir office.
Insurance tickets has now - Will SIS, client must appear, can do without an attorney. If they have an insuranceticket and some other ticket (ie speeding) client needs to handle insurance ticket themselves as they will require usto appear and will give same offer . CAN NOT handle insurance ticket by mail
LAFAYETTE COUNTYTraffic Court Division 3P.O. Box 10Lexington, Missouri 64067(660) 259-6101FAX - for pros. and clerk (660) 259-2884Prosecutor - Julie Cahalane Traffic Administrator - Ellen (660) 259-6181
3/1/15 - CAN NOT do by mail. Prosecutor will provide recommendation but payment must be made inperson by attorney. Must have signed guilty plea and copy of recommendation from prosecutor with payment.
SpeedingDefective equipment -Firm check payable to: Assoc. Circuit Court Division. 3Must send Entry of Appearance & Signed plea agreement or signed ticketMandatory Appearances on: C & I with accident (unless PA has filed offer to amend), Speeding 26+, or 16
years old (must be accompanied by a parent); no insurance, all long files.Appearance court costs = $70.50?Mail- in court costs = $70.50Extra $25 if past court date
Suggested fine amounts (ONLY GUIDELINES) - Prior ticket past year add $50.00Speeding Recommendation disposition1-5 mph over speed limit failure to register- $100 fine plus costs6-10 “ $150 +70.50 = $220.50 11-15 “ $200 + 70.50 = $270.5016-20 “ $250 + 70.50 = $320.5021-25 “ $300 + 70.50 = $370.5026-29 “ Driving School prior to plea
$400 + 70.50 = $470.5030-34 “ Mandatory court appearance
No reduction-Driving school prior to plea30 SES 1 year probation supervised by CSMHC with condition of no movingviolations + $500 fine plus costs
35 and over “ Mandatory court appearanceNo reduction-“open plea” to the court
* if aggravating circumstances exist (i.e. poor driving record, construction zone, workerspresent, accident, alcohol, drugs, dangerous conditions, belligerence, etc.) fine may be increased, jail maybe required and/or ticket may not be amended.
6/2014 Court has been amending 90+ tickets at regular price
Continuances (Traffic files - cases maintain short case number):Defendant is allowed 1 continuance request - automatically grantedAttorney’s 1st & 2nd continuance request automatically granted - Entry must be filedAttorney 3rd request - Must be in the form of a Motion and approved by Judge Rose
Continuances (Criminal Long files - assigned new LC case numbers)Judge Rose
Each Defendant is allowed one (1) continuance but an Entry of Appearance must be on file. Matter will be rescheduled to date attorney indicates they are available.
Associate criminal docket will be held weekly on Wednesday at 9:00 a.m. Requests to moveappearance to the 1:00 pm docket will only be allowed with 5 days prior notice.
Judge RolfMust be in writing and ruled on by Judge Rolf only. File will be presented to Judge Rolf at theearliest date possible. If ruling not made in advance, client must appear even if attorney can not beavailable.
LIVINGSTON COUNTYLivingston County Associate Circuit Court700 Webster Street, Suite 11Chillicothe, Missouri 64601
Prosecutor: Adam Warren 660-646-8000 ext 205 FX: 660-646-1819E-Mail: [email protected]
Prosecutor will amend 20 and under tickets to defective equipment for $250.00 (can handle by mail). Willamend up to two speeding tickets per Defendant under this policy. Subsequent violations or speed in excess of 20mph over posted speed handled on case by case basis. Speed in excess of 20 over requires appearance by attorneyand client.
PETTIS COUNTYSend recommendation request to prosecutor; they will respond with offer via email.
PLATTE COUNTYPlatte County CourthousePlatte City, Missouri 64079858-2232
SpeedingDefective 1-15 $100.00 + $70.50 = $170.50
16-20 $125.00 + 70.50 - $185.50Can do during business hours when Prosecutor in, except on Wednesdays; Go to traffic window in basement andpull file and take to Pros. - Judge must sign off
RANDOLPH COUNTY (Moberly) (As of 9/3/13)They will not amend speeding violations - violators can appear in court, plead not guilty and request
options from Judge. If seeking SIS must provide certified copy of driving record. Insurance tickets - violatorsmust appear in court even if insured at time of stop.
RAY COUNTYProsecutor Danielle Rogers, Asst Prosecutor Jay Boresi
112 W North Main, Richmond, MO 64085 PH: 816-776-2882 FX: 816-776-6802
Can handle by mail. Payments are sent to the Prosecutor’s officeCase must be completely handled within 30 days of offer or plea offer is withdrawn
5/22/14 11-15 over was amended to Def Equip $202.00
SALINE COUNTYProsecutor: 660-886-9608Court: 660-886-6988
Can handle by mail if the ticket is less than 31 over or up to 100 mph. After that send the client to Joby Raines
On FCC tickets - once they receive the court date they will automatically send out a plea offer by letter to theattorney that has entered on the case.
8/2015 15 over amended to failure to register for $270.508/2015 20 over amended to failure to register for $320.50
FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
CONFERENCE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 598TH GENERAL ASSEMBLY
2015
0455S.18T
AN ACT
To repeal section 302.341, RSMo, and to enact in lieu thereof twelve new sections
relating to local government.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 302.341, RSMo, is repealed and twelve new sections
2 enacted in lieu thereof, to be known as sections 67.287, 302.341, 479.155, 479.350,
3 479.353, 479.356, 479.359, 479.360, 479.362, 479.368, 479.372, and 479.375, to
4 read as follows:
67.287. 1. As used in this section, the following terms mean:
2 (1) "Minimum standards", adequate and material provision of
3 each of the items listed in subsection 2 of this section;
4 (2) "Municipality", any city, town, or village located in any county
5 with a charter form of government and with more than nine hundred
6 fifty thousand inhabitants;
7 (3) "Peace officer", any peace officer as defined in section 590.010
8 who is licensed under chapter 590.
9 2. Every municipality shall meet the following minimum
10 standards within three years of the effective date of this section by
11 providing the following municipal services, financial services, and
12 reports, except that the provision of subdivision (6) of this subsection
13 shall be completed within six years:
14 (1) A balanced annual budget listing anticipated revenues and
15 expenditures, as required in section 67.010;
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.
CCS HCS SS SCS SB 5 2
16 (2) An annual audit by a certified public accountant of the
17 finances of the municipality that includes a report on the internal
18 controls utilized by the municipality and prepared by a qualified
19 financial consultant that are implemented to prevent misuse of public
20 funds. The municipality also shall include its current procedures that
21 show compliance with or reasonable exceptions to the recommended
22 internal controls;
23 (3) A cash management and accounting system that accounts for
24 all revenues and expenditures;
25 (4) Adequate levels of insurance to minimize risk to include:
26 (a) General liability coverage;
27 (b) If applicable, liability coverage with endorsements to cover
28 emergency medical personnel and paramedics;
29 (c) If applicable, police professional liability coverage;
30 (d) Workers compensation benefits for injured employees under
31 the provisions of chapter 287; and
32 (e) Bonds for local officials as required by section 77.390, 79.260,
33 80.250, or local charter;
34 (5) Access to a complete set of ordinances adopted by the
35 governing body available to the public within ten business days of a
36 written request. An online version of the regulations or code shall
37 satisfy this requirement for those ordinances that are codified;
38 (6) A police department accredited or certified by the
39 Commission on Accreditation for Law Enforcement Agencies or the
40 Missouri Police Chiefs Association or a contract for police service with
41 a police department accredited or certified by such entities;
42 (7) Written policies regarding the safe operation of emergency
43 vehicles, including a policy on police pursuit;
44 (8) Written policies regarding the use of force by peace officers;
45 (9) Written general orders for a municipal police department
46 unless contracting with another municipality or county for police
47 services;
48 (10) Written policies for collecting and reporting all crime and
49 police stop data for the municipality as required by law. Such policies
50 shall be forwarded to the attorney general's office;
51 (11) Construction code review by existing staff, directly or by
52 contract with a public or private agency; and
CCS HCS SS SCS SB 5 3
53 (12) Information published annually on the website of the
54 municipality indicating how the municipality met the standards in this
55 subsection. If there is no municipal website, the information shall be
56 submitted to the county for publication on its website, if it has a
57 website.
58 3. If any resident of a municipality has belief or knowledge that
59 such municipality has failed to ensure that the standards listed in
60 subsection 2 of this section are regularly provided and are likely to
61 continue to be provided, he or she may make an affidavit before any
62 person authorized to administer oaths setting forth the facts alleging
63 the failure to meet the required standards and file the affidavit with
64 the attorney general. It shall be the duty of the attorney general, if, in
65 his or her opinion, the facts stated in the affidavit justify, to declare
66 whether the municipality is operating below minimum standards, and
67 if it is, the municipality shall have sixty days to rectify the deficiencies
68 in services noted by the attorney general. If after sixty days the
69 municipality is still deemed by the attorney general to have failed to
70 rectify sufficient minimum standards to be in compliance with those
71 specified by subsection 2 of this section, the attorney general may file
72 suit in the circuit court of the county. If the court finds that the
73 municipality is not in compliance with the minimum standards
74 specified in subsection 2 of this section, the circuit court of the county
75 shall order the following remedies:
76 (1) Appointment of an administrative authority for the
77 municipality including, but not limited to, another political subdivision,
78 the state, or a qualified private party to administer all revenues under
79 the name of the municipality or its agents and all funds collected on
80 behalf of the municipality. If the court orders an administrative
81 authority to administer the revenues under this subdivision, it may
82 send an order to the director of revenue or other party charged with
83 distributing tax revenue, as identified by the attorney general, to
84 distribute such revenues and funds to the administrative authority who
85 shall use such revenues and existing funds to provide the services
86 required under a plan approved by the court. The court shall enter an
87 order directing all financial and other institutions holding funds of the
88 municipality, as identified by the attorney general, to honor the
89 directives of the administrative authority;
CCS HCS SS SCS SB 5 4
90 (2) If the court finds that the minimum standards specified in
91 subsection 2 of this section still are not established at the end of ninety
92 days from the time the court finds that the municipality is not in
93 compliance with the minimum standards specified in subsection 2 of
94 this section, the court may either enter an order disincorporating the
95 municipality or order placed on the ballot the question of whether to
96 disincorporate the municipality as provided in subdivisions (1), (2), (4),
97 and (5) of subsection 3 of section 479.368. The court also shall place the
98 question of disincorporation on the ballot as provided by subdivisions
99 (1), (2), (4), and (5) of subsection 3 of section 479.368 if at least twenty
100 percent of the registered voters residing in the subject municipality or
101 forty percent of the number of voters who voted in the last municipal
102 election, whichever is lesser, submit a petition to the court while the
103 matter is pending, seeking disincorporation. The question shall be
104 submitted to the voters in substantially the following form:
105 "The city/town/village of .............. has failed to meet minimum
106 standards of governance as required by law. Shall the city/town/village
107 of .................. be dissolved?"
108 G YES G NO
109 If electors vote to disincorporate, the court shall determine the date
110 upon which the disincorporation shall occur, taking into consideration
111 a logical transition.
112 4. The court shall have ongoing jurisdiction to enforce its orders
113 and carry out the remedies in subsection 3 of this section.
302.341. 1. If a Missouri resident charged with a moving traffic violation
2 of this state or any county or municipality of this state fails to dispose of the
3 charges of which the resident is accused through authorized prepayment of fine
4 and court costs and fails to appear on the return date or at any subsequent date
5 to which the case has been continued, or without good cause fails to pay any fine
6 or court costs assessed against the resident for any such violation within the
7 period of time specified or in such installments as approved by the court or as
8 otherwise provided by law, any court having jurisdiction over the charges shall
9 within ten days of the failure to comply inform the defendant by ordinary mail
10 at the last address shown on the court records that the court will order the
11 director of revenue to suspend the defendant's driving privileges if the charges
12 are not disposed of and fully paid within thirty days from the date of
13 mailing. Thereafter, if the defendant fails to timely act to dispose of the charges
CCS HCS SS SCS SB 5 5
14 and fully pay any applicable fines and court costs, the court shall notify the
15 director of revenue of such failure and of the pending charges against the
16 defendant. Upon receipt of this notification, the director shall suspend the
17 license of the driver, effective immediately, and provide notice of the suspension
18 to the driver at the last address for the driver shown on the records of the
19 department of revenue. Such suspension shall remain in effect until the court
20 with the subject pending charge requests setting aside the noncompliance
21 suspension pending final disposition, or satisfactory evidence of disposition of
22 pending charges and payment of fine and court costs, if applicable, is furnished
23 to the director by the individual. The filing of financial responsibility with the
24 bureau of safety responsibility, department of revenue, shall not be required as
25 a condition of reinstatement of a driver's license suspended solely under the
26 provisions of this section.
27 2. [If any city, town, village, or county receives more than thirty percent
28 of its annual general operating revenue from fines and court costs for traffic
29 violations, including amended charges from any traffic violation, occurring within
30 the city, town, village, or county, all revenues from such violations in excess of
31 thirty percent of the annual general operating revenue of the city, town, village,
32 or county shall be sent to the director of the department of revenue and shall be
33 distributed annually to the schools of the county in the same manner that
34 proceeds of all penalties, forfeitures and fines collected for any breach of the
35 penal laws of the state are distributed. The director of the department of revenue
36 shall set forth by rule a procedure whereby excess revenues as set forth above
37 shall be sent to the department of revenue. If any city, town, village, or county
38 disputes a determination that it has received excess revenues required to be sent
39 to the department of revenue, such city, town, village, or county may submit to
40 an annual audit by the state auditor under the authority of Article IV, Section 13
41 of the Missouri Constitution. An accounting of the percent of annual general
42 operating revenue from fines and court costs for traffic violations, including
43 amended charges from any charged traffic violation, occurring within the city,
44 town, village, or county and charged in the municipal court of that city, town,
45 village, or county shall be included in the comprehensive annual financial report
46 submitted to the state auditor by the city, town, village, or county under section
47 105.145. Any city, town, village, or county which fails to make an accurate or
48 timely report, or to send excess revenues from such violations to the director of
49 the department of revenue by the date on which the report is due to the state
50 auditor shall suffer an immediate loss of jurisdiction of the municipal court of
CCS HCS SS SCS SB 5 6
51 said city, town, village, or county on all traffic-related charges until all
52 requirements of this section are satisfied. Any rule or portion of a rule, as that
53 term is defined in section 536.010, that is created under the authority delegated
54 in this section shall become effective only if it complies with and is subject to all
55 of the provisions of chapter 536 and, if applicable, section 536.028. This section
56 and chapter 536 are nonseverable and if any of the powers vested with the
57 general assembly under chapter 536 to review, to delay the effective date, or to
58 disapprove and annul a rule are subsequently held unconstitutional, then the
59 grant of rulemaking authority and any rule proposed or adopted after August 28,
60 2009, shall be invalid and void.] The provisions of subsection 1 of this
61 section shall not apply to minor traffic violations as defined in section
62 479.350.
479.155. 1. By September 1, 2015, the presiding judge of the
2 circuit court in which the municipal division is located shall report to
3 the clerk of the supreme court the name and address of the municipal
4 division and any other information regarding the municipal division
5 requested by the clerk of the supreme court on a standardized form
6 developed by the clerk of the supreme court.
7 2. If a municipality elects to abolish or establish a municipal
8 division, the presiding judge of the circuit court in which the municipal
9 division is located shall notify the clerk of the supreme court and shall
10 complete the report required under subsection 1 of this section within
11 ninety days of the establishment of the division.
12 3. The supreme court shall develop rules regarding conflict of
13 interest for any prosecutor, defense attorney, or judge that has a
14 pending case before the municipal division of any circuit court.
479.350. For purposes of sections 479.350 to 479.372, the following
2 terms mean:
3 (1) "Annual general operating revenue", revenue that can be used
4 to pay any bill or obligation of a county, city, town, or village, including
5 general sales tax; general use tax; general property tax; fees from
6 licenses and permits; unrestricted user fees; fines, court costs, bond
7 forfeitures, and penalties. Annual general operating revenue does not
8 include designated sales or use taxes; restricted user fees; grant funds;
9 funds expended by a political subdivision for technological assistance
10 in collecting, storing, and disseminating criminal history record
11 information and facilitating criminal identification activities for the
CCS HCS SS SCS SB 5 7
12 purpose of sharing criminal justice-related information among political
13 subdivisions; or other revenue designated for a specific purpose;
14 (2) "Court costs", costs, fees, or surcharges which are retained by
15 a county, city, town, or village upon a finding of guilty or plea of guilty,
16 and shall exclude any costs, fees, or surcharges disbursed to the state
17 or other entities by a county, city, town, or village;
18 (3) "Minor traffic violation", a municipal or county ordinance
19 violation prosecuted that does not involve an accident or injury, that
20 does not involve the operation of a commercial motor vehicle, and for
21 which the department of revenue is authorized to assess no more than
22 four points to a person's driving record upon conviction. Minor traffic
23 violation shall exclude a violation for exceeding the speed limit by
24 more than nineteen miles per hour or a violation occurring within a
25 construction zone or school zone.
479.353. The following conditions shall apply to minor traffic
2 violations:
3 (1) The court shall not assess a fine, if combined with the amount
4 of court costs, totaling in excess of three hundred dollars;
5 (2) The court shall not sentence a person to confinement, except
6 the court may sentence a person to confinement for violations involving
7 alcohol or controlled substances, violations endangering the health or
8 welfare of others, and eluding or giving false information to a law
9 enforcement officer;
10 (3) A person shall not be placed in confinement for failure to pay
11 a fine unless such nonpayment violates terms of probation;
12 (4) Court costs that apply shall be assessed against the defendant
13 unless the court finds that the defendant is indigent based on standards
14 set forth in determining such by the presiding judge of the
15 circuit. Such standards shall reflect model rules and requirements to
16 be developed by the supreme court; and
17 (5) No court costs shall be assessed if the case is dismissed.
479.356. If a person fails to pay court costs, fines, fees, or other
2 sums ordered by a municipal court, to be paid to the state or political
3 subdivision, a municipal court may report any such delinquencies in
4 excess of twenty-five dollars to the director of the department of
5 revenue and request that the department seek a setoff of an income tax
6 refund as provided by sections 143.782 to 143.788. The department shall
CCS HCS SS SCS SB 5 8
7 promulgate rules necessary to effectuate the purpose of the offset
8 program.
479.359. 1. Every county, city, town, and village shall annually
2 calculate the percentage of its annual general operating revenue
3 received from fines, bond forfeitures, and court costs for minor traffic
4 violations, including amended charges for any minor traffic violations,
5 whether the violation was prosecuted in municipal court, associate
6 circuit court, or circuit court, occurring within the county, city, town,
7 or village. If the percentage is more than thirty percent, the excess
8 amount shall be sent to the director of the department of revenue. The
9 director of the department of revenue shall set forth by rule a
10 procedure whereby excess revenues as set forth in this section shall be
11 sent to the department of revenue. The department of revenue shall
12 distribute these moneys annually to the schools of the county in the
13 same manner that proceeds of all fines collected for any breach of the
14 penal laws of this state are distributed.
15 2. Beginning January 1, 2016, the percentage specified in
16 subsection 1 of this section shall be reduced from thirty percent to
17 twenty percent, unless any county, city, town, or village has a fiscal
18 year beginning on any date other than January first, in which case the
19 reduction shall begin on the first day of the immediately following
20 fiscal year except that any county with a charter form of government
21 and with more than nine hundred fifty thousand inhabitants and any
22 city, town, or village with boundaries found within such county shall
23 be reduced from thirty percent to twelve and one-half percent.
24 3. An addendum to the annual financial report submitted to the
25 state auditor by the county, city, town, or village under section 105.145
26 shall contain an accounting of:
27 (1) Annual general operating revenue as defined in section
28 479.350;
29 (2) The total revenues from fines, bond forfeitures, and court
30 costs for minor traffic violations occurring within the county, city,
31 town, or village, including amended charges from any minor traffic
32 violations;
33 (3) The percent of annual general operating revenue from fines,
34 bond forfeitures, and court costs for minor traffic violations occurring
35 within the county, city, town, or village, including amended charges
CCS HCS SS SCS SB 5 9
36 from any charged minor traffic violation, charged in the municipal
37 court of that county, city, town, or village; and
38 (4) Said addendum shall be certified and signed by a
39 representative with knowledge of the subject matter as to the accuracy
40 of the addendum contents, under oath and under the penalty of perjury,
41 and witnessed by a notary public.
42 4. On or before December 31, 2015, the state auditor shall set
43 forth by rule a procedure for including the addendum information
44 required by this section. The rule shall also allow reasonable
45 opportunity for demonstration of compliance without unduly
46 burdensome calculations.
479.360. 1. Every county, city, town, and village shall file with
2 the state auditor, together with its report due under section 105.145, its
3 certification of its substantial compliance signed by its municipal judge
4 with the municipal court procedures set forth in this subsection during
5 the preceding fiscal year. The procedures to be adopted and certified
6 include the following:
7 (1) Defendants in custody pursuant to an initial arrest warrant
8 issued by a municipal court have an opportunity to be heard by a judge
9 in person, by telephone, or video conferencing as soon as practicable
10 and not later than forty-eight hours on minor traffic violations and not
11 later than seventy-two hours on other violations and, if not given that
12 opportunity, are released;
13 (2) Defendants in municipal custody shall not be held more than
14 twenty-four hours without a warrant after arrest;
15 (3) Defendants are not detained in order to coerce payment of
16 fines and costs;
17 (4) The municipal court has established procedures to allow
18 indigent defendants to present evidence of their financial condition
19 and takes such evidence into account if determining fines and costs and
20 establishing related payment requirements;
21 (5) The municipal court only assesses fines and costs as
22 authorized by law;
23 (6) No additional charge shall be issued for the failure to appear
24 for a minor traffic violation;
25 (7) The municipal court conducts proceedings in a courtroom
26 that is open to the public and large enough to reasonably accommodate
CCS HCS SS SCS SB 5 10
27 the public, parties, and attorneys;
28 (8) The municipal court makes use of alternative payment plans
29 and community service alternatives; and
30 (9) The municipal court has adopted an electronic payment
31 system or payment by mail for the payment of minor traffic violations.
32 2. On or before December 31, 2015, the state auditor shall set
33 forth by rule a procedure for including the addendum information
34 required by this section. The rule shall also allow reasonable
35 opportunity for demonstration of compliance.
479.362. 1. The auditor shall notify to the director of the
2 department of revenue whether or not county, city, town, or village has
3 timely filed the addendums required by sections 479.359 and 479.360
4 and transmit copies of all addendums filed in accordance with sections
5 479.359 and 479.360. The director of the department of revenue shall
6 review the information filed in the addendums as required by sections
7 479.359 and 479.360 and shall determine if any county, city, town, or
8 village:
9 (1) Failed to file an addendum; or
10 (2) Failed to remit to the department of revenue the excess
11 amount as set forth, certified, and signed in the addendum required by
12 section 479.359.
13 The director of the department of revenue shall send a notice by
14 certified mail to every county, city, town, or village failing to make the
15 required filing or excess payment. The notice shall advise the county,
16 city, town, or village of the failure and state that the county, city, town,
17 or village is to correct the failure within sixty days of the date of the
18 notice.
19 2. If a county, city, town, or village files the required addendum
20 after notice from the director of the department of revenue, the
21 director shall determine whether the county, city, town, or village
22 failed to pay any excess amount required. If so, the director shall send
23 an additional notice of failure to pay the excess amount and the county,
24 city, town, or village shall pay the excess amount within sixty days of
25 the date of the original notice.
26 3. A county, city, town, or village sent a notice by the director of
27 the department of revenue for failure to pay or failure to file the
28 required addendum under this section may seek judicial review of any
CCS HCS SS SCS SB 5 11
29 determination made by the director of the department of revenue in the
30 circuit court in which the municipal division is located by filing a
31 petition under section 536.150 within thirty days of receipt of such
32 determination. The county, city, town, or village shall give written
33 notice of such filing to the director of revenue by certified mail. Within
34 fifteen days of filing the petition, the county, city, town, or village shall
35 deposit an amount equal to any amount in dispute into the registry of
36 the circuit court by the county, city, town, or village. Failure to do so
37 shall result in a dismissal of the case.
38 4. In addition to other available remedies, if the circuit court
39 determines that the director of the department of revenue's
40 determination as to the amount of excess funds or failure to file is in
41 error, the circuit court shall return the amount not required to be
42 remitted to the department of revenue to the county, city, town, or
43 village immediately. The remainder of the funds held in the registry
44 shall be paid to the director of the department of revenue for
45 distribution under subsection 1 of section 479.359.
46 5. If any county, city, town, or village has failed to file an
47 accurate or timely addendum or send excess revenue to the director of
48 the department of revenue and the sixty-day period described in
49 subsection 1 of this section has passed or there has been a final
50 adjudication of a petition filed pursuant to subsection 3 of this section,
51 whichever is later, the director of the department of revenue shall send
52 a final notice to the clerk of the municipal court. If the county, city,
53 town, or village fails to become compliant within five days after the
54 date of the final notice, the director of the department of revenue shall
55 send a notice of the noncompliance to the presiding judge of the circuit
56 court in which any county, city, town, or village is located and the
57 presiding judge of the circuit court shall immediately order the clerk
58 of the municipal court to certify all pending matters in the municipal
59 court until such county, city, town, or village files an accurate
60 addendum and sends excess revenue to the director of the department
61 of revenue pursuant to 479.359 and 479.360. All fines, bond forfeitures,
62 and court costs ordered or collected while a county, city, town, or
63 village has its municipal court matters reassigned under this
64 subsection shall be paid to the director of the department of revenue
65 to be distributed to the schools of the county in the same manner that
CCS HCS SS SCS SB 5 12
66 proceeds of all penalties, forfeitures, and fines collection for any breach
67 of the penal laws of the state are distributed and the county, city, town,
68 or village shall not be entitled to such revenue. If the noncompliant
69 county, city, town, or village thereafter files an accurate addendum and
70 remits all the excess revenue owed pursuant to section 479.359 to the
71 director of the department of revenue, the director of the department
72 shall notify the clerk of the municipal court and the presiding judge of
73 the circuit court that the county, city, town, or village may again hear
74 matters and receive revenue from fines, bond forfeitures, and court
75 costs subject to continuing compliance with section 479.359.
76 6. The state auditor shall have the authority to audit any
77 addendum and any supporting documents submitted to the department
78 of revenue by any county, city, town, or village.
479.368. 1. Except for county sales taxes deposited in the "County
2 Sales Tax Trust Fund" as defined in section 66.620, any county, city,
3 town, or village failing to timely file the required addendums or remit
4 the required excess revenues, if applicable, after the time period
5 provided by the notice by the director of the department of revenue or
6 any final determination on excess revenue by the court in a judicial
7 proceeding, whichever is later, shall not receive from that date any
8 amount of moneys to which the county, city, town, or village would
9 otherwise be entitled to receive from revenues from local sales tax as
10 defined in section 32.085.
11 (1) If any county, city, town, or village has failed to timely file
12 the required addendums, the director of the department of revenue
13 shall hold any moneys the noncompliant city, town, village, or county
14 would otherwise be entitled to from local sales tax as defined in section
15 32.085 until a determination is made by the director of revenue that the
16 noncompliant city, town, village, or county has come into compliance
17 with the provisions of sections 479.359 and 479.360.
18 (2) If any county, city, town, or village has failed to remit the
19 required excess revenue to the director of the department of revenue
20 such general local sales tax revenues shall be distributed as provided
21 in subsection 1 of section 479.359 by the director of the department of
22 revenue in the amount of excess revenues that the county, city, town,
23 or village failed to remit.
24 Upon a noncompliant city, town, village, or county coming into
CCS HCS SS SCS SB 5 13
25 compliance with the provisions of sections 479.359 and 479.360, the
26 director of the department of revenue shall disburse any remaining
27 balance of funds held under this subsection after satisfaction of
28 amounts due under section 479.359. Moneys held by the director of the
29 department of revenue under this subsection shall not be deemed to be
30 state funds and shall not be commingled with any funds of the state.
31 2. Any city, town, village, or county that participates in the
32 distribution of local sales tax in sections 66.600 to 66.630 and fails to
33 timely file the required addendums or remit the required excess
34 revenues, if applicable, after the time period provided by the notice by
35 the director of the department of revenue or any final determination
36 on excess revenue by the court in a judicial proceeding, whichever is
37 later, shall not receive any amount of moneys to which said city, town,
38 village, or county would otherwise be entitled under 66.600 to
39 66.630. The director of the department of revenue shall notify the
40 county to which the duties of the director have been delegated under
41 section 66.601 of any noncompliant city, town, village, or county and
42 the county shall remit to the director of the department of revenue any
43 moneys to which said city, town, village, or county would otherwise be
44 entitled. No disbursements to the noncompliant city, town, village, or
45 county shall be permitted until a determination is made by the director
46 of revenue that the noncompliant city, town, village, or county has
47 come into compliance with the provisions of sections 479.359 and
48 479.360.
49 (1) If such county, city, town, or village has failed to timely file
50 the required addendums, the director of the department of revenue
51 shall hold any moneys the noncompliant city, town, village, or county
52 would otherwise be entitled to under sections 66.600 to 66.630 until a
53 determination is made by the director of revenue that the noncompliant
54 city, town, village, or county has come into compliance with the
55 provisions of sections 479.359 and 479.360.
56 (2) If any county, city, town, or village has failed to remit the
57 required excess revenue to the director of the department of revenue,
58 the director shall distribute such moneys the county, city, town, or
59 village would otherwise be entitled to under sections 66.600 to 66.630
60 in the amount of excess revenues that the city, town, village, or county
61 failed to remit as provided in subsection 1 of section 479.359.
CCS HCS SS SCS SB 5 14
62 Upon a noncompliant city, town, village, or county coming into
63 compliance with the provisions of sections 479.359 and 479.360, the
64 director of the department of revenue shall disburse any remaining
65 balance of funds held under this subsection after satisfaction of
66 amounts due under section 479.359 and shall notify the county to which
67 the duties of the director have been delegated under section 66.601 that
68 such compliant city, town, village, or county is entitled to distributions
69 under sections 66.600 to 66.630. If a noncompliant city, town, village,
70 or county becomes disincorporated, any moneys held by the director of
71 the department of revenue shall be distributed to the schools of the
72 county in the same manner that proceeds of all penalties, forfeitures,
73 and fines collected for any breach of the penal laws of the state are
74 distributed. Moneys held by the director of the department of revenue
75 under this subsection shall not be deemed to be state funds and shall
76 not be commingled with any funds of the state.
77 3. In addition to the provisions of subsection 1 of this section,
78 any county that fails to remit the required excess revenue as required
79 by section 479.359 shall have an election upon the question of
80 disincorporation under article VI, section 5 of the Constitution of
81 Missouri, and any such city, town, or village that fails to remit the
82 required excess revenue as required by section 479.359 shall have an
83 election upon the question of disincorporation according to the
84 following procedure:
85 (1) The election upon the question of disincorporation of such
86 city, town, or village shall be held on the next general election day, as
87 defined by section 115.121;
88 (2) The director of the department of revenue shall notify the
89 election authorities responsible for conducting the election according
90 to the terms of section 115.125 and the county governing body in which
91 the city, town, or village is located not later than 5:00 p.m. on the tenth
92 Tuesday prior to the election of the amount of the excess revenues due;
93 (3) The question shall be submitted to the voters of such city,
94 town, or village in substantially the following form:
95 "The city/town/village of .............. has kept more revenue
96 from fines, bond forfeitures, and court costs for minor
97 traffic violations than is permitted by state law and failed
98 to remit those revenues to the county school fund. Shall
CCS HCS SS SCS SB 5 15
99 the city/town/village of .............. be dissolved?"
100 G YES G NO
101 (4) Upon notification by the director of the department of
102 revenue, the county governing body in which the city, town, or village
103 is located shall give notice of the election for eight consecutive weeks
104 prior to the election by publication in a newspaper of general
105 circulation published in the city, town, or village, or if there is no such
106 newspaper in the city, town, or village, then in the newspaper in the
107 county published nearest the city, town, or village; and
108 (5) Upon the affirmative vote of sixty percent of those persons
109 voting on the question, the county governing body shall disincorporate
110 the city, town, or village.
479.372. Any rule or portion of a rule, as that term is defined in
2 section 536.010, that is created under the authority delegated in
3 sections 479.350 to 479.372 shall become effective only if it complies
4 with and is subject to all of the provisions of chapter 536 and, if
5 applicable, section 536.028. This section and chapter 536 are
6 nonseverable, and if any of the powers vested with the general
7 assembly pursuant to chapter 536 to review, to delay the effective date,
8 or to disapprove and annul a rule are subsequently held
9 unconstitutional, then the grant of rulemaking authority and any rule
10 proposed or adopted after August 28, 2015, shall be invalid and void.
479.375. If any provision of this act or their application to any
2 person or circumstance is held invalid, the invalidity does not affect
3 other provisions or applications of this act which can be given effect
4 without the invalid provision or application, and to this end the
5 provisions of this act are severable.
T
