Traffic Law

Traffic Ticket? Decide Whether or not to Fight in Traffic Court:

Will a judge really follow such a technical reading of the law? You bet. This type of hyper-technical, word-by-word reading of statutes is the key skill all lawyers and judges learn in law school. In fact, they know of no other approach. This makes sense when you realize that the American legal system is built on the concept that you are innocent unless the government can prove you violated a law that prohibits clearly defined conduct.

1. When the officer begins to ask questions about drinking alcohol or the smell of alcohol you have the right not to answer questions and you should use that right. Any type of admission about drinking alcohol will increase the likelihood that you will end up arrested for DWI and will end up written down as evidence against you in the police report.

2. If the officer requests that you perform field sobriety tests you are not required to submit to those tests. Any evidence of clues from these tests will be used as evidence against you in a DWI criminal case.

3. Under Missouri’s implied consent law you will face losing your license if you do not cooperate with the official breath test at the police station, but that does not always necessarily mean that you “should” cooperate. You have the right to consult an attorney. If you are faced with this difficult decision you should ask to call an attorney and get professional consultation from an experienced traffic attorney.

If you have been arrested, charged, or cited for a driving crime or offense, it is important that you understand the charges against you and what your legal rights are. Missouri criminal and traffic law can be complex. You should not try to take on the criminal justice system on your own.

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