Legal Question in Traffic Law in Missouri

I was pulled over in St. Louis County for expired plates. The officer told me I had a warrant for my arrest from 8/2009 in Jefferson County under a previous name and with a Mississippi address (I lived there prior to StL). When I contacted the Jefferson County Sheriff's office, they could not find any record of this warrant. The cop kept my physical drivers license. I'm not sure where to go from here and how to get my license back. Any advice?


Asked on 4/04/13, 5:24 pm

2 Answers from Attorneys

Anthony Smith LawSmith

It is unusual for an officer of the law to take your Missouri license, not arrest or cite you, and then send you to drive away without a license. Perhaps the officer kept your license by mistake. If it was not a Missouri license, it may have been mailed to the issuing state. Either way, you need to know where the license is, prior to trying to get it back, and simultaneous with addressing the warrant issue.

As to the license card, need to first recall or determine if you were pulled over by a county sheriff or a municipal officer. If you were issued ticket, it will say what court you are in. If you weren't issued a ticket and not arrested on the warrant, you may have been given something else by the officer that indicates what jurisdiction they represent. Whatever jurisdiction it is, that is where they are holding your physical license. You need to deal with whatever crime or violation allegations are pending against you in that jurisdiction.

Contact the Highway Patrol or Motor Vehicle Division of the Missouri Department of Revenue. Between those two, they should be able to give you a lot of information about the three and a half year old warrant, and if it is still in effect. Sometimes, warrants appear on some officer initiated computer searches, that are no longer in effect.

Assuming you find that there remains an effective arrest warrant against you, you need to consult directly with a traffic or criminal defense attorney. If you live in St Louis County and have a case that has gone to warrant in Jefferson County, it may be faster and much cheaper to pay an attorney to handle the matter.

You were wise to seek general information here. Be smart and get advice specific to the facts of your case. Even if it should have been recalled, a lingering warrant can cause you to be arrested, and have to post bond. It can also prevent you from getting some jobs or government assistance. Once you have the accurate information to give to them, an attorney can probably get the warrant removed from your records without you surrendering yourself miles from home and posting bond. Many defense attorneys offer a free or low cost initial consultation. Find out more about your status, gather your relevant documents and contact one, so that you can get past this.

Good luck

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Answered on 4/05/13, 4:36 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Three words of advice: Hire an Attorney.

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Answered on 4/06/13, 9:12 pm


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