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FAQ Law Offices of Mark Hagen

Traffic Law

Do I Have to Go to Court?

Most Kansas City metro courts do not require that you appear if you have hired a lawyer to represent you in a traffic matter. Your initial consultation with the attorney regarding your specific traffic ticket will determine whether you will need to go to court.

What does "amending" a traffic ticket mean?

The majority of courts in the metro Kansas City area have policies that allow persons charged with traffic offenses to plead guilty to certain non-moving or no-points violations, instead of the original traffic charge, and then pay a higher fine amount. The specific policies vary by jurisdiction, but generally in Kansas, a speeding ticket may be amended to "illegal parking" for a fine and court costs. In Missouri, a speeding ticket may be amended to "defective equipment" (broken speedometer), which is a non-moving violation with higher fines.

If I hire a lawyer, am I guaranteed an amended ticket?

The overwhelming majority of traffic tickets that are eligible for amendment and a lawyer requests it, are amended. There is however, no guarantee. Amendments are granted by city and county prosecutors on an entirely discretionary basis. The amendment may be granted based on the specific facts of the traffic violation, the person's driving record, and policies in effect at the time of the request.

Is it cheaper to just pay the fine?

It is almost never "cheaper" to pay the fine for a traffic ticket. Certainly the cash outlay for the fine may be relatively small, but the "hidden costs" of increased insurance rates, negative impact on your driving record, and potential consequences to your employment (many employers screen criminal/driving records prior to and during employment) are enormous. If you have an option, amending a traffic ticket to a non-moving violation is almost always the better alternative.

What are the consequences of pleading guilty?

In Missouri, the "point system" is used to administer driver's licenses and generally, receiving eight points in eighteen months could result in a license suspension.
In Kansas, again generally, three traffic tickets in twelve months can result in the driver's privileges being suspended for a year. In both states, some single traffic violations are serious enough alone, (e.g., driving under the influence of drugs/alcohol) that a driver's license suspension is automatically triggered.

If my license is suspended, can I still drive?

Under some circumstances, driver's license privileges can be reinstated. Naturally, once the period of suspension is completed the driver's license is again valid. In the meantime though, in Missouri, for example, an individual can apply for "hardship" driving privileges under certain conditions. The specifics of the case dictate whether or not this is an option, and you should discuss it with your attorney.

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Your Rights in Traffic Court

The court's job is to decide all cases as the law requires, which should make driving safe, and help people obey the law. You need to know your rights and the meaning of words that are used in court before you go to court. Then you can better understand court operations and be ready for court when you get there. (Don't forget to read the traffic ticket and the instructions on it.)

Definitions

  • Traffic ticket or summons - command by court order to appear in court. Failure to appear may result in a warrant for your arrest.
  • Charge - what the police officer says you did.
  • Plead - to answer the charge in court.
  • Plead guilty - to admit the charge.
  • Plead not guilty - to say that you do not believe that you broke the law.
  • Defendant - the person charged with the traffic violation.
  • Continuance - having the judge change the trial to another day in the future.
  • Subpoena ("sa-pee-na") - an order from the court that tells a person to come to court.
  • Prosecutor - the lawyer for the city or county.
  • Court costs - the money needed to pay for the operation of the court system.
  • Testify - to speak under oath (swear to tell the truth) in court to prove what happened.
  • Witness - a person who tells the court what happened.
  • Appeal - to have your case heard again by a higher court.

When You Get To Court

Ask the clerk if your name is on the list for that day, if you don't already know. Then sit down in the court room. When your name is called, walk up to the judge and answer the judge's questions. If you are charged with breaking the law, you are the defendant. The judge will read the charge. If you do not understand it, ask the judge to explain it. When the judge asks how you plead, you must say "guilty" or "not guilty." In Kansas, you may also plead "no contest." Talk to us about what that means.

If You Plead Guilty

You may then tell the judge everything that happened. The judge may ask you questions. You must answer them. The judge will tell you how much money to pay as a fine or what sentence you must serve. Before you plead guilty, you have the right to ask the judge if you will go to jail. Some of the money you pay is a fine, turned over to the government. Some of the money you pay is for court costs for the operation of the court system.

You Should Plead Not Guilty:

  • If you did not do what the police officer says you did.
  • If you are not sure that what you did was against the law.
  • If you plead "Not guilty," you will be given a trial.

Trial

If you do not have a lawyer and you, your family or a friend think you need the help of one, you should contact one before going to court. The judge may set your trial for another day (continuance), but only for a good reason. You have the right to bring witnesses to the trial. If you need the court to help you bring witnesses, the court will give them subpoenas to tell them they must come to court for you. If you want a jury, you may ask for one; the judge will tell you if the law allows it in your case. The prosecutor may bring witnesses to tell what they saw and heard. You or your lawyer may ask them questions. The prosecutor has the right to ask your witnesses questions and, if you testify, to ask you questions. (You don't have to testify if you don't want to.) If the judge decides that you are not guilty, the trial is over, and you may leave. If the judge decides that you are guilty, the judge will tell you what the penalty is and what then to do.

Penalties

  • Fine
  • Jail
  • Both fine and jail
  • Other - The judge may include in the penalty an order to go to driver's school, alcohol safety school or other schools to help you better understand how to drive safely on the public street or highways. You must go to the school so you won't face more penalties, including a jail sentence.

Appeal

Also known as "trial de novo" which means new trial.
If you think what the judge or jury decides is unfair or wrong, you may ask for your case to be sent to a higher court. Tell the judge you want to appeal. You must file the necessary paperwork and post bond within 10 days. You cannot appeal if you pay any portion of the fine or costs the judge set in your case.

Rights

Remember, you have the right to:

  • Have a reasonable time after you are charged with a traffic violation to get ready to answer the charge in court.
  • Have a lawyer. The judge may provide you with a lawyer if you are poor and if the judge might send you to jail if you are found guilty.
  • Ask witnesses to speak for you.
  • Ask for a jury if the law permits you to have one in that court.
  • Testify or not testify.
  • Ask the court to issue subpoenas for witnesses.
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What to Do in Case of an Auto Accident

Definitions

  • Scene - The place where the accident happened.
  • Witness - A person who saw the accident happen.
*Print a copy of this information and keep it with a pencil, paper and your insurance card in your car.

Stop At The Scene

You cannot drive away from an accident. You must stay until you have given your name and address to a police officer or the other driver.

Get Help For The Injured

Call 911 or "0" on a telephone or ask someone to call for you. Do not try to move an injured person.

Give Warnings

Ask another person to volunteer to wave to other cars to warn them of the accident. Use lights or a flashlight at night to warn other cars.

Tell A Police Officer

Tell a police officer, a county sheriff or the Highway Patrol that you had an accident. The police report can help you later if you forget facts. Give them your name and address and show them your driver's license and your insurance card. This is all you must do to obey the law. You do not need to tell any person, other than a police officer, how you think the accident happened. You may learn later that you did not do anything wrong. You should not sign any papers at the scene except the agreement to appear in court if asked by an officer.

Collect Witnesses' Information

Ask all witnesses to write down their names, addresses, and telephone numbers. Draw a picture of the accident scene.

Towing

If you cannot drive your car, you must have it moved from the scene. If the police officer calls a tow truck, you should ask how much it will cost, tell the tow driver where to take your car, and ask for his name, address, and telephone number if you do not go with him.

Call Your Insurance Agent

You must tell your insurance agent about the accident. We can help with the report. Your insurance could be lost if you do not tell the agent right away.

See A Doctor

You may not know if you are hurt because you may be upset. It is a good idea to see a doctor.

Call the Law Offices of Mark Hagen

Talk to us before talking to anyone else about the accident. A lawyer knows how to help you.

Accident Reports

It is the law that you must file a written report with the Department of Revenue if the following things happen:

  • Either car has $500 damage or a person was injured;
  • The accident was on a public street or highway; or
  • A driver does not have insurance.

You can get forms from a police department, your insurance company or the Law Offices of Mark Hagen.

Pay Nothing

Do not pay anyone money unless we tell you to pay.

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About DUI/DWI

What is driving while intoxicated or driving under the influence of drugs or alcohol? In Kansas and Missouri, a charge of driving while intoxicated is a serious offense, particularly if there has been an accident with personal injuries. Both states mandate that a blood alcohol level of 0.08% constitutes driving while intoxicated.

What happens in a DWI/DUI police stop?

If the police believe that there are reasonable grounds to believe that you are operating or attempting to operate a motor vehicle while under the influence of drugs or alcohol, they can detain you and ask you to submit to field sobriety tests.

Do I have the right to an attorney if I'm stopped by the police and asked to take field sobriety tests?

No.

If I fail the tests, what next?

These tests are scored based on your performance of each of these field tests and together with the officer's own observations, may result in your arrest and booking. During this booking phase, you will be asked to submit to a chemical test to determine the level of alcohol in your system.

What if I refuse the chemical test?

There is no absolute answer to this question and the unique facts surrounding your case will dictate whether or not it is appropriate to refuse the chemical (breath, blood or urine) test.

How does this impact my driving privileges?

Typically, the first offense results in a loss of driving privileges for a period of one year, in which the first thirty days permit no driving at all, followed by limited driving for the remainder of the one-year suspension. Subsequent arrest and convictions have more severe driver's license implications. To ensure the state properly respects your rights, you must request an administrative hearing within 10 days in Kansas and within 15 days in Missouri or the suspension is automatic.

Contact our office for specific questions about the driver's license administrative procedures.

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Your Rights if Arrested

Definitions

  • Bail - Guarantee of money to let a person out of jail until his trial.
  • Evidence - Anything that shows what is true and what is not.
  • Innocent - Doing no wrong, not guilty.
  • Jury - A group of 12 people in court who decide what the facts are.
  • Prosecutor - The lawyer for the state.
  • Violation - Breaking the law.
  • Waive - To give away a right.

Levels of Violations

  • Violation of a city or county law such as speeding, peace disturbance, or stealing less than $50. You can be punished by paying a fine.
  • Misdemeanor - a more serious crime, such as stealing less than $150, or possession of under 35 grams of marijuana. You can be punished by paying a fine, or by going to the county jail or workhouse for up to one year.
  • Felony - the most serious crimes, such as stealing more than $150, murder, burglary, robbery, or having drugs or guns. Punishment for these crimes can be going to prison for more than one year, or even death.

For what can you be arrested?

  • If a police officer has a warrant for your arrest.
  • If a police officer sees you violate or try to violate the law.
  • If a police officer believes you have violated the law.

When can you be arrested?

You may refuse to talk to the police or answer any questions. You may refuse to sign a statement. You must be allowed to call a lawyer. If you cannot pay for a lawyer, you may insist that you have a free lawyer to be present during any police questioning. What Are Your Rights After The Arrest? A police officer must tell you he has a court order for your arrest.

What can the police do to you if you are arrested?

Search your body. Search your belongings. Search your car if you are in it. Search the space around you if you are in your home. The police officer must show you a search warrant before he can enter and search your home. What Are Your Rights In Court? The court must tell you the charge against you. The court must tell you of your right to have a lawyer. The court must appoint a lawyer to represent you if you cannot afford to hire a lawyer. You must be given time to send for a lawyer.

What does "waive your rights" mean?

To choose to give them up. You may decide not to talk with a lawyer. You may decide to talk with the police. All facts you give to the police may be used against you in court. You may decide to sign a statement. You may decide to take any tests. You are never required to waive your rights. If you choose to assert your rights, it can never be used against you. Do You Have To Stay In Jail Until Your Trial? No, you can ask for a bail bond. You can be kept in jail a short time before your bail is set. The court decides the amount of your bail bond. Your family or friends may help. They must show that they own enough property to meet the bail amount. This is called posting bail. If you do not come to court, their property can be taken away. A bail bondsman can get bail for you. He does not give back the money you pay for his help. You can get names at the police station. Look in the yellow pages of the phone book under Bail Bonds. Ask police if you may sign your own bond.

When do you go to court?

You may have to go to court several times. The court will tell you when to go to court.

Do you need a lawyer in court?

It is best for you to have a lawyer with you. The court will ask who your lawyer is. The court will give you a chance to find a lawyer. If there is a chance that you could go to jail and cannot pay for a lawyer, the court will assign a lawyer to help you.

What will your lawyer do?

Your lawyer will learn all about the charges against you. Your lawyer will try to help you. You should try to help your lawyer all you can. Tell the lawyer all you know about your case. Tell your lawyer about your arrest. What you tell your lawyer is private. The police or the court cannot find out what you tell your lawyer.

What happens in court?

The court will ask if you plead "guilty" or "not guilty." Your lawyer will tell you what your answer should be. If you plead "guilty," the court will decide your punishment. If you plead "not guilty," the court will set a date for your trial.

Can you answer "not guilty" even if you are guilty?

You are innocent until you are proven guilty. Your lawyer may think that the evidence against you is not enough to prove that you are guilty. You may have a better chance if you have a trial. You have a trial only if you plead "not guilty."

What kind of trial will you have?

You have a right to a jury trial, but you must ask for it. If you do not ask for a jury, only the judge will be at your trial. The jury decides if you are guilty or not guilty. Your lawyer can tell you if you should ask for a jury trial.

Is court any different for a felony charge?

Yes. Before you answer "guilty" or "not guilty," you will have a preliminary hearing, or your case will go to the grand jury. If you have a preliminary hearing, a judge hears the evidence against you in a public courtroom. He then decides if you should be held for trial. If your case goes to the grand jury, 12 people will hear the evidence against you in a secret meeting. They will decide if you should be held for trial.

What happens while you wait for your trial?

In most cases, you may be freed on bail until the trial, but you must come to court on your court dates before the trial.

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Juveniles and the Law

When are you a juvenile and when are you an adult?

The answer to this question is complicated, and the law varies slightly between Kansas and Missouri. When you are considered an adult and when you are considered a minor or juvenile depends on the circumstance.

Depending on the state...

  • You must be 21 to possess, use or buy alcoholic beverages.
  • You must be 21 to serve on a jury.
  • You must be 18 to get married without your parents' permission. If you are under 15, you must receive permission from a judge to get married.
  • You may vote at 18.
  • At age 18, you may sue someone in court and someone may sue you.
  • You may make a will, sign a contract, and sign a lease at age 18.
  • At age 18, if you are a male, you must register for military service.
  • You must be at least age 18 to consent to your own medical treatment. If you are under 18 years of age, you must have your parents' permission for any kind of medical treatment, including abortion. There are a few exceptions to this law. Some hospitals or clinics allow you to consent to your own testing and treatment for pregnancy, sexually transmitted diseases, drug and alcohol abuse or AIDS at any age. Others allow you to consent to your own treatment only if you have reached age 13. If you are younger than 18 but are married or in the military, you are considered emancipated, or on your own, and you may seek medical treatment without your parents' permission.
  • You may be tried as an adult for any crime for which you are charged at age 17 or older. If you commit an offense at age 16 or younger, the police will refer your case to the juvenile court. At any age, if you are alleged to have committed a serious offense such as murder, sale of drugs, robbery, rape or assault, or if you are a repeat offender, the juvenile court may certify you an adult and transfer you to the adult criminal system. At age 12, the juvenile court can also certify you as an adult for other serious crimes, such as stealing a car, drug possession, and carrying a weapon.
  • At age 16, you may get a driver's license; at 15 1/2, you may get a special license to drive with your parents or guardian.
  • At any age, if you are the victim of a crime, you have the right to be paid for damages done to you and to attend any hearings and trials about a case arising from the crime. If the person who committed the crime against you is a juvenile, you may attend the hearings in juvenile court. If the person who committed the crime against you is an adult or will be tried as an adult, you may go to the hearings and the trial in circuit court.

What are some frequent delinquencies?

  • Arson - starting a fire or causing an explosion which damages property. This includes abandoned or vacant property.
  • Assault - hitting or striking a person or saying you will do so.
  • Burglary - breaking into and entering a house or building with the purpose of committing a crime.
  • Driving while intoxicated - operating any motor vehicle, including a motorcycle or motorized bike, under the influence of drugs or alcohol.
  • Drug and alcohol offenses - possession of, use of, and sale of illegal drugs or alcoholic beverages.
  • False identification - altering a driver's license or other form of identification in such a way that it contains false information or pretending that someone else's identification is yours.
  • Rape - sex with another person of any age without that person's consent. Sex with a person less than 14 years of age is rape even if the person has consented to having sex.
  • Receiving stolen property - accepting property that you know is stolen.
  • Robbery - taking a purse, money or other property from a person by force or threat of injury.
  • Sexual abuse - forcing another person to have sexual contact with you.
  • Stealing - taking something without the owner's permission. This includes shoplifting. Acting with, helping or assisting another person to steal even if you do not keep the stolen goods are still considered the crime of stealing.
  • Tampering - driving or riding in a car or vehicle without the owner's permission; "joyriding."
  • Traffic laws - if you have a driver's license, you are expected to know and obey all traffic laws.
  • Trespassing - going on property without the owner's permission or going on property where there is a fence or a "Keep Out" or "No Trespassing" sign.
  • Truancy - skipping school.
  • Vandalism - damaging another person's property, such as breaking windows, spray painting and letting the air out of tires.
  • Violating curfew - staying out beyond a certain hour that has been set as a time that all juveniles must be off the streets and in their homes.
  • Weapons violations - carrying guns, razors, knives or metal knuckles on your person or having such items readily available in your car, such as under your car seat, in the glove box or similar storage in your car. Bringing a gun to school is a serious weapons violation.

What should you do if taken into custody?

If a law enforcement officer takes you to the police station or the juvenile court and intends to keep you there for a period of time, you are "being taken into custody." If this happens to you, give your name, address and age, and your parents' names and phone numbers.

What are your rights if you are stopped by a police officer?

If you are under 17 years of age and you break the law, you are taken into custody and turned over to the juvenile court. You do not have to say anything until you talk to a lawyer, other than identifying yourself by name, address, and age. The law enforcement officers will take your photograph and fingerprints if you have committed a serious crime. If you are taken into custody for a minor crime, then your fingerprints may be taken only if a judge orders it. You may be held in detention. Detention is the act of keeping a person confined or imprisoned. You must be told of the reason for your detention, your right to a detention hearing (usually within three days) and your rights during detention.

How long can you be kept at a detention center?

You can be detained up to 24 hours without a court order. You can be detained longer by court order. Your parents must be notified as soon as practicable.

Who decides how your case will be handled?

The juvenile officer assigned to your case will decide how to handle your case. A juvenile court judge hears the evidence against you.

How are cases handled?

Cases are handled by having a meeting at juvenile court with you and your parents or by filing a petition in juvenile court. If you are held more than 24 hours, a petition, a paper which states the charges against you, must be filed.

When is a petition usually filed?

A petition is usually filed when you are charged with a serious crime, when you have been held more than 24 hours or when you have been in trouble before.

Who decides if you can be tried as an adult?

A juvenile court judge will decide whether you will be tried as an adult after reading the charges brought against you, after looking at your record, and after holding a hearing. The judge will consider the seriousness of the charges, whether your community needs to be protected from you, whether the crime involved force or violence, whether you hurt another person, whether you have a record of breaking the law and your age. If you are tried as an adult and found guilty, there are several things that may happen to you. You may be sent immediately to an adult prison. You may spend some time at a juvenile detention center and then be sent later to an adult prison. You may be placed on probation and given a second chance to stay out of trouble. If you are convicted of first degree murder and you were 16 years old at the time you committed the murder, you could receive the death penalty. If you are tried as an adult and found guilty of a crime, you will always be tried as an adult for any crime.

What happens if you are not tried as an adult?

A hearing is held in juvenile court. You have the right to a lawyer paid by your parents. If your parents cannot pay a lawyer, the judge will appoint a lawyer for you. You have a right to plead "not guilty" and have a trial in front of the judge in juvenile court. If you say you are guilty or you are found guilty after the trial, the judge will decide what to do with you. The hearing and trial in the juvenile court will be open to the public if you are accused of committing a serious crime.

What might the court decide to do with you?

You might become a ward of the court. That means the court will supervise you. You might be returned home in the custody of your parents, with court ordered visits with the juvenile officer. You might be sent to a foster home, a group home or other institution. You might be ordered to perform community service or pay restitution to the victim. If you cause damage to property or injure a person, your parents may also have to pay up to $4,000 for damages and injuries.

What helps the court decide placement for you?

Your attitude. The number of times you have been in trouble. The seriousness of your offense. Your school record. What help your family will give. The kind of friends you have.

How long can the court keep you in custody?

The court can keep you in custody until you are 21 years of age

How does trouble with the law affect you?

  • You can lose your driver's license or have it suspended.
  • Your school can find out that you have been in trouble with the juvenile court and you could possibly be suspended from school for up to one year.
  • Your juvenile court record can be seen by the juvenile court, adult prosecutors, and adult judges. If the juvenile court finds you to be a juvenile delinquent because you committed a serious crime, then your juvenile court record will be a public record.
  • Your juvenile record can be used to show that you should not be believed as a witness in other court proceedings.
  • Your juvenile record can follow you forever.
  • Your juvenile record makes it harder to get a job.
  • Your juvenile record makes it harder to get into military service.
  • You risk losing the respect and trust of other people.
  • Although you may ask the court to destroy your juvenile court record at age 17, the court does not have to destroy it.
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