Section 307.018

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 307

Effective - 28 Aug 2024   

  307.018.  Traffic citation, infraction, no warrant of arrest, when — alternate notice, procedure. — 1.  Notwithstanding any other provision of law, no court shall issue a warrant of arrest for a person's failure to respond, pay the fine assessed, or appear in court with respect to a traffic citation issued for an infraction under the provisions of this chapter.  In lieu of such warrant of arrest, the court shall issue a notice of failure to respond, pay the fine assessed, or appear, and the court shall schedule a second court date for the person to respond, pay the fine assessed, or appear.  A copy of the court's notice with the new court date shall be sent to the driver of the vehicle.  If the driver fails to respond, pay the fine assessed, or appear on the second court date, the court shall issue a second notice of failure to respond, pay the fine assessed, or appear.  If the driver fails to respond, pay the fine assessed, or appear after the second notice, the court may issue a default judgment under section 556.021 for the infraction.

  2.  At any point after the default judgment has been entered, the driver may appear in court to state that he or she is unable to pay and to request the court to modify the judgment.  The court shall hold a hearing to determine whether the driver has the ability to pay.  If the court finds the driver lacks the present ability to pay, the court shall modify the judgment in any way authorized by statute or court rule, including:

  (1)  Allowing for payment of the fine on an installment basis;

  (2)  Waiving or reducing the amount owed; or

  (3)  Requiring the driver to perform community service or attend a court-ordered program in lieu of payment.

  3.  At any point after the default judgment has been entered, the driver may appear in court and show proof that he or she corrected the equipment violation for which the fine and costs were assessed.  If the driver shows such proof, the court may waive the fines and costs that are due.

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(L. 2024 S.B. 754, et al.)