Is Speeding a Misdemeanor in Missouri?

Kirsch & Kirsch, LLC is a well-renowned law firm known for our extensive experience in handling traffic violations across Missouri. With a deep understanding of both misdemeanor and felony offenses, our firm offers comprehensive legal services designed to protect clients’ rights and achieve the best possible outcomes. Whether facing minor speeding tickets or more serious charges, Kirsch & Kirsch provides skilled defense tailored to the nuances of each case. 

What sets Kirsch & Kirsch apart is our unique approach: we combine thorough legal knowledge with personalized attention, ensuring that every client receives strategic representation that addresses the specific circumstances of their traffic violations, including effective defense strategies for speeding tickets and misdemeanors.

Photo of Speeding

Understanding Traffic Violations

Traffic violations in Missouri encompass a range of offenses related to the operation of motor vehicles, from minor infractions to serious criminal charges. These violations are governed by Missouri state laws designed to promote road safety and responsible driving. Understanding the classification and severity of these offenses is essential for anyone facing traffic-related charges, as the legal consequences can vary significantly depending on the nature of the violation.

Definition of Speeding and When It Can Be Considered a Misdemeanor

Speeding is generally defined as operating a vehicle at a speed exceeding the posted speed limit. While many speeding offenses are treated as traffic infractions, certain circumstances elevate speeding to a misdemeanor. 

In Missouri, the difference between a Class B and a Class C misdemeanor for speeding primarily lies in the severity of the offense and the corresponding penalties.

Class C Misdemeanor: This typically applies when a driver exceeds the speed limit by more than 20 miles per hour but less than a higher threshold that would elevate the charge. A Class C misdemeanor is the least serious misdemeanor level, punishable by up to 15 days in jail and fines up to $500. It results in a criminal record but carries lighter penalties compared to higher misdemeanor classes.

Class B Misdemeanor: This is a more serious charge and may apply to cases of excessive speeding that pose greater danger, such as speeding 26 to 35 miles per hour over the maximum speed limits or when other aggravating factors are present. A Class B misdemeanor in Missouri can result in up to 6 months in jail and fines up to $1,000. This classification reflects a higher level of culpability and carries stiffer penalties.

Differences Between a Traffic Infraction and a Misdemeanor

Missouri distinguishes between traffic infractions and misdemeanors based on the severity and circumstances of the offense. Traffic infractions, often referred to as civil offenses, are minor violations such as speeding slightly over the limit, improper lane changes, or failure to signal. These infractions are not classified as crimes and typically result in fines, points on the driver’s license, or mandatory traffic school, but do not carry the risk of jail time. 

In contrast, a misdemeanor is not just another traffic ticket; it’s a criminal offense that involves more serious violations, such as excessive speeding or reckless driving. Misdemeanors carry harsher penalties, including potential incarceration in county jail for up to one year, higher fines, and a permanent criminal record. The distinction is crucial because misdemeanors can have long-term implications on a person’s driving privileges and overall legal standing.

The Potential Consequences of a Misdemeanor Charge

Being charged with a misdemeanor for a traffic violation in Missouri can lead to significant consequences beyond just fines. A misdemeanor for speeding or related offenses may result in penalties, including fines and jail time. Additionally, a misdemeanor conviction can lead to points on the driver’s license, increased insurance premiums, and potential license suspension or revocation. The criminal record resulting from a misdemeanor can also affect employment opportunities and other areas of life. 

Given the serious potential consequences of having this type of charge on your Missouri driving record, it is vital for individuals facing misdemeanor traffic charges to seek experienced legal representation to explore all available defenses and minimize the impact of the charges. Kirsch & Kirsch, LLC specializes in providing aggressive misdemeanor defense strategies to protect our clients’ rights and futures.

Legal Defense with Kirsch & Kirsch, LLC

Facing misdemeanor speeding charges in Missouri can be a daunting experience, especially given the serious consequences of such traffic offenses. Hiring a criminal defense attorney can make a significant difference in how your case is handled and its eventual outcome. Our experienced attorneys understand the complexities of traffic laws and can provide invaluable guidance throughout the legal process.

One of the key benefits of hiring a criminal defense lawyer is our expertise in handling speeding violations and related charges such as careless and imprudent driving. These offenses often carry severe penalties that extend beyond fines, including possible jail time, license suspension, and increased insurance rates. An attorney can carefully review the details of your case to identify any weaknesses in the prosecution’s evidence or procedural errors that may help reduce or even dismiss charges.

A skilled defense attorney can negotiate on your behalf to minimize the impact of the charges. For first-time offenders, this might mean securing alternative sentencing options such as traffic school or probation instead of harsher penalties. For repeat offenders, who face more severe consequences under Missouri law, having a lawyer is even more critical. We can work to develop the best defense strategy tailored to your unique circumstances. We can help to protect your driving record and future, whether this is your first offense, second offense, or more.

Navigating the legal system alone can be overwhelming, especially when dealing with misdemeanor charges that can affect your personal and professional life. A criminal defense attorney acts as your advocate, explaining your rights and options clearly, and ensuring you do not unknowingly waive important protections. Our experience with traffic offenses means we know how to challenge evidence like radar readings or eyewitness testimony effectively.

FAQs Regarding Misdemeanor Speeding Charges

Will a misdemeanor speeding charge in Missouri stay on your driving record? 

Yes, a misdemeanor speeding charge in Missouri will go on your driving record. Generally, traffic violations, including misdemeanor speeding charges, remain on your driving record for three years from the date of conviction. During this period, the violation can affect your insurance rates and may lead to points being added to your license, which could impact your driving privileges.

However, more serious offenses or repeat violations can carry longer-lasting consequences, and the criminal record associated with a misdemeanor conviction may remain indefinitely unless expunged.

Can I lose my commercial driver’s license over a misdemeanor speeding charge?

Yes, it is possible to lose your Commercial Driver’s License (CDL) over a misdemeanor speeding charge in Missouri, depending on the severity of the violation. Under federal and Missouri state regulations, speeding violations that exceed 15 miles per hour over the posted speed limit are considered “serious traffic violations.” Accumulating two serious traffic violations, such as excessive speeding, within a three-year period can lead to a mandatory CDL suspension for at least 60 days. More severe or repeated offenses can result in longer suspensions or even the revocation of your CDL.

Therefore, a misdemeanor speeding charge that involves driving significantly over the speed limit can jeopardize your commercial driving privileges. Given these potential consequences, it is critical for CDL holders facing such charges to seek experienced legal defense to protect their license and livelihood.

Photo of Car Speeding

Is it okay to drive faster on interstate highways?

It is not automatically “okay” to drive faster on interstate highways beyond the posted speed limits. The maximum speed limits on interstate highways are set by state law and vary depending on the location — typically up to 70 mph on rural interstates and lower limits in a construction zone. Driving above these posted limits is considered speeding and is subject to enforcement and penalties.

While some drivers may feel that higher speeds are safe on open highways, Missouri law requires all drivers to obey posted speed limits and drive at speeds that are reasonable and prudent given the road, traffic, and weather conditions. Exceeding speed limits can lead to traffic citations, misdemeanor charges if excessive, and increased risk of accidents. Therefore, it is important to adhere to posted speed limits on interstate highways to comply with traffic laws and ensure safety.

What is the maximum fine I could get for speeding?

The maximum fine for a speeding violation depends on how much you exceed the posted speed limit and whether the offense is classified as an infraction or a misdemeanor. For minor speeding violations treated as infractions, fines are small.

However, if you are charged with a misdemeanor for speeding — such as driving more than 20 miles per hour over the speed limit — the fines can be significantly higher. A Class C misdemeanor speeding charge can carry fines up to $500, while a Class B misdemeanor (for more serious speeding offenses) can result in fines up to $1,000.

Additionally, court costs and other fees may apply, potentially increasing the total financial penalty. It’s important to note that fines are only part of the consequences; speeding violations can also lead to license points, increased insurance rates, and even jail time for serious offenses. 

Contact Our Criminal Defense Attorneys if You’re Facing a Misdemeanor Charge

This isn’t just a speeding traffic ticket; a misdemeanor charge is a big deal. Hiring a criminal defense attorney when facing misdemeanor speeding charges provides you with knowledgeable representation that can significantly improve your chances of a favorable outcome. Whether dealing with careless and imprudent driving allegations or other traffic violations, having an expert on your side ensures your case is handled with the attention and skill it deserves. Contact us today to discuss your charges and your next steps.