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  1. #1
    Join Date
    Mar 2015
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    Columbia, Missouri, United States
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    11

    Default Do You Have a Right to a Jury Trial in Traffic Court

    My question involves traffic court in the State of: MO

    Does my Sixth Amendment right to be tried by a jury apply to traffic tickets? Can I demand to be tried by a jury and not just a judge even if I'm only charged with a civil infraction and not a misdemeanor?

    Thank you kindly for your time.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Do I Have a Right to a Jury in Traffic Court?

    I think you do have a right to a jury trial. A quick search brought up Columbia's municipal court website where it says the following about traffic tickets:

    You have the right to have your case heard by a jury. Your request for a jury must be filed with the Municipal Court in writing and it must be filed at least ten days prior to the date your case is set for trial. You must also pay a small fee to the Municipal Court Clerk. If you do those things your case will be heard before a jury in State Court before a State Judge.

    Check your local traffic court rules for fees and requirements.

  3. #3
    Join Date
    Oct 2014
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    8,238

    Default Re: Do I Have a Right to a Jury in Traffic Court?

    Quote Quoting Kyle Delaney
    View Post
    My question involves traffic court in the State of: MO

    Does my Sixth Amendment right to be tried by a jury apply to traffic tickets? Can I demand to be tried by a jury and not just a judge even if I'm only charged with a civil infraction and not a misdemeanor?
    Technically it is not the sixth amendment that applies here as that amendment only applies to prosecutions in federal court. The rights provided in the the first ten amendments to the Constitution (the bill of rights) only apply against the federal government. In state cases, it is the 14th amendment that would provide you the right to a jury since the Supreme Court has held that most of the bill of rights applies to the states by way of the 14th Amendment. Your right to a jury trial under the 14th Amendment applies to all criminal prosecutions in which the possibility for punishment exceeds $500 and 6 months imprisonment. Duncan v. Louisana, 391 U.S. 145 (1968).

    So, if a state traffic offense is treated a civil rather than criminal matter the federal Constitutional guarantee of a jury trial does not apply since it is limited to criminal matters. Even if it is a criminal offense, if the only punishment is a fine or less than 6 months in jail no jury is required under the Constitution, either.

    That said, a state may of course provide a jury trial even if the Constitution does not require it. Adjusterjack's reply indicates that a jury trial in MO may be possible for traffic tickets, but that would be because of state or local law rather than a requirement of the federal constitution.

  4. #4
    Join Date
    Mar 2015
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    Columbia, Missouri, United States
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    Default Re: Do I Have a Right to a Jury in Traffic Court?

    Thank you both!

    - - - Updated - - -

    Important follow-up question:

    If I do get a jury, will the judge be less likely to dismiss the case based on lack of prosecution, failure to observe speedy-trial rule, etc.? I feel like my defense would work best with a jury but of course it would be best if the case was dismissed without a trial making my defense unnecessary. So I'd need to weigh my options if getting a jury makes dismissal less likely because the judge feels like jury trials are more serious and dismissal would waste the jury's time.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Do I Have a Right to a Jury in Traffic Court?

    Quote Quoting Kyle Delaney
    View Post
    Does my Sixth Amendment right to be tried by a jury apply to traffic tickets? Can I demand to be tried by a jury and not just a judge even if I'm only charged with a civil infraction and not a misdemeanor?
    You have no right to a jury trial for a civil infraction. There is no Sixth Amendment right to a jury trial for an infraction-level offense.
    Quote Quoting RSMo Sec. 543.220. 1. All proceedings upon the trial of misdemeanors and infractions before associate circuit judges shall be governed by the practice in criminal cases before circuit judges, so far as the same may be applicable, and in respect to which no provision is made by statute.

    2. All proceedings upon the trial of infractions before associate circuit judges shall be governed by the practice in criminal cases before circuit judges, so far as the same may be applicable, and in respect to which no provision is made by statute, [B

    except that there shall be no right to a jury trial[/B].
    While the court may offer you the opportunity for a jury trial -- the statute holds that you have no right to a trial but does not prevent a court from voluntarily giving you a jury trial -- the court is under no obligation to do so.
    Quote Quoting Taxing Matters
    View Post
    Technically it is not the sixth amendment that applies here as that amendment only applies to prosecutions in federal court.
    Even though the Sixth Amendment has been incorporated to the states through the Due Process clause of the 14th Amendment, it is perfectly reasonable to argue that a state's violation of the provisions of the Sixth Amendment is a violation of that amendment, not the 14th. This is in the same sense that you "take the 5th" when you assert your right against self-incrimination -- you don't "take the 14th", even in state court.
    Quote Quoting Kyle Delaney
    View Post
    If I do get a jury, will the judge be less likely to dismiss the case based on lack of prosecution, failure to observe speedy-trial rule, etc.?
    If the judge thinks that it will be a waste of its time to give you a jury trial, it will decline your request for a jury trial.

  6. #6
    Join Date
    Mar 2015
    Location
    Columbia, Missouri, United States
    Posts
    11

    Default Re: Do I Have a Right to a Jury in Traffic Court?

    Thank you!

    I looked up the charge code. It turns out that it's a misdemeanor after all, and not just an infraction. That's surprising, since I'm only charged with driving in the left lane on the highway.

    That means I have a right to a jury, right?

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