Missouri Defective Equipment Plea Deals: How to Keep Speeding Tickets Off Your Record
In Missouri, an attorney can often negotiate to change your speeding ticket into a 'Defective Equipment' charge. This turns a moving violation into a non-moving violation, meaning zero points on your license and no insurance hikes.
What is a Defective Equipment Amendment?
Getting a speeding ticket in Missouri can be incredibly frustrating. Whether you were pulled over on a busy highway in St. Louis, a quiet street in Springfield, or a backroad in Joplin, paying the ticket outright is an admission of guilt. This puts points on your driving record under Mo. Rev. Stat. § 302.302. Accumulating points leads to higher car insurance premiums and the potential suspension of your driver's license.
However, Missouri has a unique and widely accepted legal strategy to protect your record. Prosecutors and courts often allow your attorney to amend (change) the moving violation to a charge of 'Defective Equipment' under Mo. Rev. Stat. § 307.170. Instead of being guilty of speeding, you plead guilty to having a broken muffler or faulty speedometer. Because defective equipment is a non-moving violation, no points are reported to the Missouri Department of Revenue, Jefferson City.
Eligibility Criteria: Who Qualifies?
Not every speeding ticket can be magically changed to defective equipment. Your eligibility depends heavily on the specific court, such as the St. Charles Municipal Court, St. Charles, and the facts of your case.
First, this plea deal is generally reserved for drivers holding a standard Class F license. If you hold a Commercial Driver's License (CDL), federal laws strictly prohibit 'masking' traffic violations, making it nearly impossible to get a defective equipment amendment. Second, your speed matters. If you were caught driving 5 to 15 miles per hour over the limit, prosecutors are highly likely to agree. If you were driving 25 miles per hour over the limit, or speeding in a school zone, the prosecutor will typically refuse this specific deal.
The Difference in Court Costs vs. Fines
Many drivers are surprised to learn that a defective equipment plea usually costs more upfront than simply paying the speeding ticket. For example, a basic speeding fine might be $100. If you amend it to defective equipment, the court will often increase the fine to $200 or $250, plus court costs. However, this upfront cost is far cheaper than the thousands of dollars you would spend on increased insurance premiums over the next three years if the speeding conviction hit your record.
Why Do Prosecutors Agree to This?
It might sound strange that a prosecutor would let you pretend your speedometer was broken when they know you were actually speeding. However, municipal courts are heavily burdened with cases. Offering this plea deal resolves cases quickly without a trial, keeping the court system moving. Furthermore, the city or county still collects the revenue from the increased fine, satisfying their financial requirements while giving the driver a second chance to keep a clean record.
Why Hiring a Lawyer is Usually Required
You generally cannot walk into the Jackson County Circuit Court, Kansas City and ask the prosecutor for a defective equipment amendment on your own. Most prosecutors will only negotiate this specific plea deal with a licensed attorney. To initiate this, your lawyer will electronically file an Entry of Appearance on your behalf and contact the prosecutor directly to secure the amendment, saving you from ever having to step foot in a courtroom.
How Much Does It Cost?
| Expense Type | Estimated Cost (USD) |
|---|---|
| Defective Equipment Court Fine | $150 - $300 |
| Court Administrative Costs | $25 - $40 |
| Attorney Flat Fee (Standard Speeding) | $100 - $250 |
| Attorney Flat Fee (High Speed / Aggravated) | $300 - $600 |
How Long Does the Process Take?
Once you hire a traffic attorney, the process is very fast. Your lawyer will usually contact the court within a few days to enter their appearance, which automatically excuses you from your upcoming court date. The prosecutor typically reviews and approves the defective equipment amendment within 2 to 4 weeks. You will then have a set deadline (often 30 days) to pay the finalized fine and court costs directly to the court clerk.
Frequently Asked Questions (FAQ)
Will my insurance company find out about a defective equipment ticket?
No. Defective equipment is a non-moving violation that does not assess points on your Missouri driving record. Therefore, it will not trigger a rate increase when your insurance company checks your record.
Can I get this deal if I already paid the ticket?
If you already paid the ticket, you plead guilty, and the points are likely already on your record. While an attorney might be able to file a motion to withdraw your guilty plea, it is much harder and more expensive than hiring them before you pay.
Do I actually have to prove my car was broken?
No. The defective equipment amendment is simply a legal fiction used to resolve the case. The court does not require you to bring in a mechanic's receipt or prove that a tail light was actually burned out.
Do I need to go to court?
In most standard traffic cases, hiring a lawyer means they go to court for you. You can find a local traffic attorney in our USA Lawyer Directory to handle the entire process without you missing work.
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