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		Section/Rule:	3.1
Subject:	Chapter 3 - Citation Case Processing Procedures	Publication / Adopted Date:	September 1995
Topic:	Case Disposition Procedures	Revised / Effective Date:	August 2018

§ Failure to wear safety belt - $10, no court costs (Section 307.178, RSMo)

§ Failure to wear protective headgear - $25, no court costs (Section 302.020, RSMo)

§ Failure to provide proper child restraint system - $50, plus court costs (Section 307.179, RSMo)

This prevision shall expire August 28, 2024

§ Minor traffic violation - $225

§ Municipal ordinance violations committed within the same 12 month period:
§ 1^st violation - $200
§ 2^nd violation - $275
§ 3^rd violation - $ 350
§ 4^th and subsequent violations $450

§ Charter Cities, 3^rd, 4^th Municipal Courts – Not to exceed $500 and such imprisonment not exceeding three months, or both such fine and imprisonment. (Sections 77.590, 79.470, and 82.020, RSMo)

§ Kansas City Municipal Court – Not to exceed $1,000 or by imprisonment not to exceed twelve months for each offense, or by both such fine and imprisonment. (Section 82.300, RSMo)

§ County Municipal Ordinance Courts – Not to exceed $1,000 or imprisonment in the county jail for more than one year or both such fine and imprisonment. (Section 66.080, RSMo)

§ St. Louis County Municipal Courts – Not to exceed $1,000 and such imprisonment not exceeding three months, or both such fine and imprisonment, excluding minor traffic violations. (Section 546.902, RSMo)

Section 488.5030, RSMo, authorizes courts to contract with private entities operating under a contract with a state agency or the Office of State Courts Administrator to collect delinquent court costs. The collection agency may pursue collection of past-due court-ordered penalties, fines, sanctions, court costs, including restitution or judgments to the state of Missouri or one of its political subdivisions. The costs of the collection efforts may be added to the amount due, but cannot exceed 20% of the amount collected.

Probation (SES/SIS) (SCR 37.64; Sections 479.190, 559.012, 559.021, and 559.036, RSMo)

Probation is an alternative to incarceration that allows an offender to stay out of jail as long as they abide by certain conditions. The court may pronounce a sentence but suspend the execution of sentence (SES), or the court may suspend the imposition of sentence (SIS). For additional information, see section 3.2, Probation Summary in the Municipal Clerk Handbook. A Probation Order and Certificate form is at the end of this section.

Dismissal (COR 21.01; Sections 479.353, 610.100, and 610.105, RSMo)

The prosecutor may dismiss a case after the charges have been filed with the court. The judge may also dismiss a case if the prosecutor fails to appear in court to prosecute the case. When a case is dismissed, the records become confidential pursuant to section 610.100, RSMo. See section 5.1, Closed Records under Chapter 610, RSMo in the Municipal Clerk Handbook for more information on confidential cases. A Dismissal Order form is at the end of this section. Court Operating Rule 21.01(c) clearly indicates that costs should not be assessed against the defendant in any case which is dismissed or nolle prossed.

Proper disposition of the case must be documented on the municipal division docket or backer sheet and signed by the municipal judge. The prosecutor must sign all citations and must review and approve all amended and dismissed tickets.

Citations (Section 302.225, RSMo)

The court shall report case disposition information on all moving traffic violations, alcohol and drug related traffic offenses, including suspended imposition of sentence, all convictions while driving a commercial motor vehicle, including commercial driver’s license holders driving a personal vehicle, to the Missouri Department of Revenue (DOR). The Department of Revenue (DOR) must receive the disposition information within seven (7) days of disposition. DOR then forwards the record to the Missouri Highway Patrol (MSHP) to update the DWI Tracking System (DWITS).

Failure to Provide Proof of Financial Responsibility (Sections 302.304, 303.024, and 303.025, RSMo)

Failure of a Missouri resident or non-resident owner to maintain financial responsibility on his or her motor vehicle is an ordinance violation. In accordance with section 303.024, RSMo, officers or commercial vehicle inspectors are required to issue a citation for failure to provide proof of insurance as required by section 303.025, RSMo.

However, if the individual can provide proof to the court that the financial responsibility requirement was met at the time the citation was written, they shall not be found guilty and no court costs shall be assessed. If the individual is found guilty, in addition to any other authorized punishment, the court shall report disposition information to DOR for points assessment.

Criminal History/Offense Cycle Number (OCN) (Sections 43.503 and 302.592, RSMo)

The court shall report all dispositions of any criminal offense, infraction, or ordinance violation related to the operation of a vehicle while intoxicated or with an excessive blood alcohol content to the department of revenue within seven days. The records shall be forwarded by the department of revenue within fifteen days of receipt to the Missouri state highway patrol. The record forwarded by the clerk shall clearly state the name of the court, the court case number, the name, address, and motor vehicle operator's or chauffeur's license number of the person who is the subject of the proceeding, the code or number identifying the particular arrest, and any court action or requirements pertaining thereto.

The Record of Convictions (ROC) column of the Municipal Charge Codes with Excess Revenue Indicator (link is provided at the end of this section) and the Missouri Charge Code Manual can assist you in determining what violations need to be reported. Please refer to sections 3.3, Criminal History Reporting and 3.4, Citation Disposition Reporting of the Municipal Clerk Handbook for additional information and procedures.

Clerk's Duties/Procedures

Disposition Activities

1. Assess costs and/or fines as directed by the judge and make notation on the backer sheet. (See Chapter 4, Financial Procedures)

2. Take payment in full or set up payment plan as agreed, with appropriate notations on the backer sheet.

3. Indicate the disposition on the case/judgment index record. (See section 1.3, Indexes to Cases)

Note: Municipal courts that utilize an automated case management system should be able to produce an automated case and judgment index and would not need to maintain a file card system.

Note: Proper disposition of the case must be documented on the municipal division docket or backer sheet and signed by the judge.

5.1 Traffic case dispositions must be reported to the Department of Revenue (DOR) within 7 days of disposition. (See section 3.4, Traffic Disposition Reporting)

Note: Do not hold the disposition information to determine if a trial de novo will be filed as this will make you out of compliance with required reporting time frames.

5.2 Report the Offense Cycle Number (OCN) to the Missouri State Highway Patrol (MSHP) for all filings and dispositions of all violations for driving under the influence of drugs or alcohol, any offense that can be enhanced to a class A misdemeanor or higher for subsequent violations, cases arising under Chapter 566 Sexual Offenses, and comparable ordinance violations (a violation of an ordinance having all the essential elements of a felony or a class A misdemeanor). (See section 3.3, Criminal History Disposition Reporting)

Note: The Missouri Charge Code Manual can also assist you in determining which violations require fingerprinting.

5.3 Make docket entries to indicate ROC/OCN information was sent to DOR/MSHP on the backer sheet.