Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Dec 2004
    Location
    Rolla, MO
    Posts
    6

    Default Summons for Violation 27-32

    Hi Aaron,

    Thanks for the link to this forum...I feel silly that I missed it in the main page

    I received a summons last week for being in violation of '27-32' for commiting the offense of 'Driving a rental vehicle - No operator's license'.

    Now, I was driving a rental vehicle, but my name was added to the list of additional drivers in the rental agreement.

    And I did have that license you get when you complete just the written and road signs test and had a licensed driver sitting by my side.

    The Officer said that normally this would be correct, but since this was a rental vehicle, a driver without a full license cannot drive the vehicle unless the fully licensed driver sitting next to him was the same person who rented the vehicle and this was not so in my case.

    I had no idea about such a law and was not informed by the rental agency and it is not covered in the Missouri Driver's guide.

    I called up the rental agency and they state that they do not have a problem with an intermediate license driver driving the vehicle as long as the traffic regulations are met.

    I checked the missouri driver's guide and the only restrictions it has are that all occupants must be wearing seatbelts and there must be a licensed driver sitting by the side.

    Thanks to one of our University sergant's, I was able to find out that this ciolation is an infraction and not a crime and that I most probably would just need to pay the fine and not goto jail or anything *phew*.

    My questions are:
    a) My court date is set for the 18th of January, 2004. Is it better to go to court and try to explain to the judge what the exact circumstance was or do I just pay the fine in advance?
    b) Do I need to hire a lawyer to help me with this since this is my first offense and I don't really know much about the laws and systems over here.
    c) That violation 27-32 simply states:
    Sec. 27-32. Operator's or chauffeur's license required of person operating a motor vehicle or motorcycle.
    No person shall operate or be in control of a motor vehicle within the City of Rolla without having first been issued a valid operator's or chauffeur's license as provided in Chapter 302 RSMo, and no person shall operate or be in control of a motorcycle within the city without first having been issued a valid operator's or chauffeur's license which shows that he has successfully passed an examination for the operation of a motorcycle as prescribed by Section 302.020 RSMo. (Ord. 2191, §1.)

    How do I get more information on this special rule that applies to rental vehicles alone? This violation makes me look like a criminal...is there a way to have them enter the actual circumstance under which this occured when it is put on my record so that it doesn't look like I just woke up and decided to drive a car with no regard to the laws etc.

    d) Finally, do you know how many points are added for this violation?

    Thanks again for your help so far.

    Hope you are having a fun christmas with yoru family.

    Bye and have a great weekend!

    tkop

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Summons for violatin 27-32

    Quote Quoting tkop
    My questions are:
    a) My court date is set for the 18th of January, 2004. Is it better to go to court and try to explain to the judge what the exact circumstance was or do I just pay the fine in advance?
    I, personally, would try to explain the situation to a judge. Unless I was feeling rich and wanted to pay the fine and higher insurance premiums, that is.

    Quote Quoting tkop
    b) Do I need to hire a lawyer to help me with this since this is my first offense and I don't really know much about the laws and systems over here.
    If it is just a civil infraction, you don't need to hire a lawyer. With multiple offenses, particularly where your license is at risk, having a lawyer can be helpful. But for a first offense on a relatively minor matter, the dollar cost typically exceeds the benefit.

    Quote Quoting tkop
    c) That violation 27-32 simply states:
    Sec. 27-32. Operator's or chauffeur's license required of person operating a motor vehicle or motorcycle.
    No person shall operate or be in control of a motor vehicle within the City of Rolla without having first been issued a valid operator's or chauffeur's license as provided in Chapter 302 RSMo, and no person shall operate or be in control of a motorcycle within the city without first having been issued a valid operator's or chauffeur's license which shows that he has successfully passed an examination for the operation of a motorcycle as prescribed by Section 302.020 RSMo. (Ord. 2191, §1.)

    How do I get more information on this special rule that applies to rental vehicles alone? This violation makes me look like a criminal...is there a way to have them enter the actual circumstance under which this occured when it is put on my record so that it doesn't look like I just woke up and decided to drive a car with no regard to the laws etc.
    You can look at Section 302.020 RSmo here. It is very unlikely that you can get a special note attached to your driving record, but if you're lucky you will be able to get the ticket dismissed (whether outright, on payment of a fine, on a delayed disposition, or on some other reasonably favorable basis) such that it isn't an issue. Perhaps the Missouri Department of Revenue, Division of Motor Vehicle and Driver Licensing can give you information on the "special rule" - I can't see it in the statute.

    Quote Quoting tkop
    d) Finally, do you know how many points are added for this violation?
    According to this, it is a two point ticket (for a first offense).

  3. #3
    Join Date
    Dec 2004
    Location
    Rolla, MO
    Posts
    6

    Default thanks!

    Hi Aaron,

    Thanks!

    I'm not going to hire a lawyer and will go to court and try to explain the situation to the judge and see if the case gets dismissed.

    I'll let you know how it went.

    tkop

  4. #4
    Join Date
    Dec 2004
    Location
    Rolla, MO
    Posts
    6

    Default Yayyy

    Aaron!

    I went today and spoke to the prosecutor before appearing in front of the judge and explained the situation to him and he dropped all charges!

    Thank you so much for all your help.

    Do keep my offer in mind and let me know if I can return the favor.

    Thanks and have a GREAT day!

    tkop

  5. #5
    Join Date
    Sep 2004
    Posts
    758

    Default Ticket Dismissal

    Congratulations on your dismissal.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Speeding Violation, Officer Paced 4 Vehicles, All Given Same Violation at Same Time
    By AnonymousNameless in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 04-21-2011, 11:26 AM
  2. Seat Belt Violations: Is a Seat Belt Violation a Moving Violation
    By boxhill in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-22-2009, 06:48 AM
  3. Traffic Lane Violations: Traffic Violation 22101D, Violation of Reg Sign
    By freebirds77 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-21-2008, 07:19 PM
  4. Speeding Tickets: Location Of Violation Blank, Then Improperly Corrected (22350 Violation)
    By shinysideup in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 04-28-2008, 01:51 PM
  5. Probation and Parole: Criminal Traffic Violation, and Possible Probation Violation
    By paoandrea in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 01-11-2006, 09:53 AM
 
 
Sponsored Links

Legal Help, Information and Resources