Fayette Penalties for Certain Minor Traffic Violations and Municipal Ordinance Violations ordinance (§ 100.225)

A. Definitions. As used in this Section, the following terms shall have the meanings set out herein:

MINOR TRAFFIC VIOLATION: A municipal traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. "Minor traffic violation" shall include amended charges for any minor traffic violation. "Minor traffic violation" shall exclude a violation for exceeding the speed limit by more than nineteen (19) miles per hour or a violation occurring within a construction zone or school zone.

MUNICIPAL ORDINANCE VIOLATION: A municipal ordinance violation prosecuted for which penalties are authorized by Statute under Sections 67.398, 71.285, 89.120, and 89.490, RSMo. "Municipal ordinance violation" shall include amended charges for municipal ordinance violations.

B. Minor Traffic Violations. Notwithstanding any provisions to the contrary herein, no minor traffic violation as defined in Subsection (A) of this Section shall be punishable by:

1. A fine that, when combined with the amount of Court costs, exceeds two hundred twenty-five dollars ($225.00);

2. Imprisonment, unless the violation:

a. Involved alcohol or controlled substances;

b. Endangered the health or welfare of others; or

c. Involved eluding or giving false information to a Law Enforcement Officer;

3. Confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court;

4. Assessment of Court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the Circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court;

5. Assessment of Court costs if a case has been dismissed; or

6. Issuance of an additional charge for failure to appear.

C. Municipal Ordinance Violation. Notwithstanding any provisions to the contrary herein, no municipal ordinance violation as defined in Subsection (A) of this Section shall be punishable by:

1. For municipal ordinance violations committed within a 12-month period beginning with the first violation, a fine that, when combined with the amount of Court costs, exceeds:

a. Two hundred dollars ($200.00) for the first municipal ordinance violation;

b. Two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation;

c. Three hundred fifty dollars ($350.00) for the third municipal ordinance violation; and

d. Four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations;

2. Imprisonment, unless the violation:

a. Involved alcohol or controlled substances;

b. Endangered the health or welfare of others; or

c. Involved eluding or giving false information to a Law Enforcement Officer;

3. Confinement for failure to pay a fine unless such non-payment violates the terms of the person's probation or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the Court;

4. Assessment of Court costs against a defendant who the Municipal Court finds to be indigent based on standards set by the Presiding Judge of the Circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court;

5. Assessment of Court costs if a case has been dismissed; or

6. Issuance of an additional charge for failure to appear.