Posted: 3/3/2011 5:34:24 PM EDT
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I got a speeding ticket tonight for 17 over. First ticket I've received in 15 years. I'm thinking of contesting the ticket and was wondering if anyone has gone to trail in Wisconsin for speeding before? I understand that the deck is stacked against me, but I'd appreciate hearing from anyone who has gone to trial for speeding.
** Might as well nip a few things in the bud: 1. I'm not asking for a lecture about "you do the crime, you pay the fine". Take that crap to general discussion. 2. I'm not giving any details about the ticket since I haven't gone to court yet. 3. I realize that I'll probably lose, but it is my principles that are motivating me to go to trial. |
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The ticket that I planned to contest was when the LEO thought that I didn't stop for a stop sign. He ended up tacking on a no seatbelt ticket (admittedly guilty there). I genuinely did stop as i should have, so i showed up to my court date and put in a 'not guilty' plea. They told me to show up for a second court date where I'd be allowed to talk to the city attorney. It was basically a bargaining session. I said something like 'I don't just want this reduced. I want it dismissed.' He said that he couldn't do that for me, but I could take it to trial. The court costs alone, not to mention the day I'd need to ask off from work, made it ridiculous to even consider. When it was all said and done, I got the seatbelt ticket dismissed (big whoop) and I think they took one less point from me than usual. All things considered, hardly worth the time I put in.
I find it kind of silly that they ended up dismissing what i pled guilty to, and only slightly modifying what I maintained my innocence on. Not sure what conclusion you draw from this. Maybe it really would be worth the trial for you if the fine is huge or you're already not in good standing with points on your license. For me, it was basically a waste of time to do anything at all. Hope this helps. |
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In my experience you can show up for the court date. Some places you can talk to the city/county attorney beforehand, else you wait till called. They will generally drop the speed/points to the next level, BUT keep their money making at the same amount. They gotta make $$$ somehow.
But then again a lower point infraction costs less against your insurance. Hope this helps. |
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Quoted:
The ticket that I planned to contest was when the LEO thought that I didn't stop for a stop sign. He ended up tacking on a no seatbelt ticket (admittedly guilty there). I genuinely did stop as i should have, so i showed up to my court date and put in a 'not guilty' plea. They told me to show up for a second court date where I'd be allowed to talk to the city attorney. It was basically a bargaining session. I said something like 'I don't just want this reduced. I want it dismissed.' He said that he couldn't do that for me, but I could take it to trial. The court costs alone, not to mention the day I'd need to ask off from work, made it ridiculous to even consider. When it was all said and done, I got the seatbelt ticket dismissed (big whoop) and I think they took one less point from me than usual. All things considered, hardly worth the time I put in. I find it kind of silly that they ended up dismissing what i pled guilty to, and only slightly modifying what I maintained my innocence on. Not sure what conclusion you draw from this. Maybe it really would be worth the trial for you if the fine is huge or you're already not in good standing with points on your license. For me, it was basically a waste of time to do anything at all. Hope this helps. Do you recall what the costs were to go to trial? Also, was it worthwhile to go to court just to plead? I was thinking of just mailing in my plea to save time. I would consider doing some sort of plea bargain to avoid points. I agree, it is a huge hassle. I don't really need to fight this, the fine is cheap ($114) and the last ticket I got was 15 years ago. I guess I don't like giving up without a fight. |
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Do you recall what the costs were to go to trial?
Also, was it worthwhile to go to court just to plead? I was thinking of just mailing in my plea to save time. I would consider doing some sort of plea bargain to avoid points. I agree, it is a huge hassle. I don't really need to fight this, the fine is cheap ($114) and the last ticket I got was 15 years ago. I guess I don't like giving up without a fight. I think the cost of going to trial was something like a hundred bucks. Don't quote me on that.. maybe 75? Yeah, I suppose if it won't hurt you to spend a couple hours in a courthouse then you may as well make the appearance. Could get a bit of a reduction in points or the amount of the fine. I wish you luck! The legal system is a silly bastard. |
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The ticket that I planned to contest was when the LEO thought that I didn't stop for a stop sign. He ended up tacking on a no seatbelt ticket (admittedly guilty there). I genuinely did stop as i should have, so i showed up to my court date and put in a 'not guilty' plea. They told me to show up for a second court date where I'd be allowed to talk to the city attorney. It was basically a bargaining session. I said something like 'I don't just want this reduced. I want it dismissed.' He said that he couldn't do that for me, but I could take it to trial. The court costs alone, not to mention the day I'd need to ask off from work, made it ridiculous to even consider. When it was all said and done, I got the seatbelt ticket dismissed (big whoop) and I think they took one less point from me than usual. All things considered, hardly worth the time I put in. I find it kind of silly that they ended up dismissing what i pled guilty to, and only slightly modifying what I maintained my innocence on. Not sure what conclusion you draw from this. Maybe it really would be worth the trial for you if the fine is huge or you're already not in good standing with points on your license. For me, it was basically a waste of time to do anything at all. Hope this helps. Do you recall what the costs were to go to trial? Also, was it worthwhile to go to court just to plead? I was thinking of just mailing in my plea to save time. I would consider doing some sort of plea bargain to avoid points. I agree, it is a huge hassle. I don't really need to fight this, the fine is cheap ($114) and the last ticket I got was 15 years ago. I guess I don't like giving up without a fight. the trial cost is built in to the speeding ticket's $ fine. now if you request a jury, that costs you more. if you are seriously considering a jury for a speeding ticket, you need to be smacked upside the head. go to court, get it reduced to 10-15 mph. same $ fine. pay the ticket and dont speed, or get countermeasures(radar detector & laser jammer) |
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One of the local municipalities here is run differently.
You are allowed to talk to the DA before the court date/time. They will usually tell you that you can get the points reduced, but the fine will be raised. They actually had a chart....."well, you have 4 points and $126....what I can do for you is get them to drop it to 3 points and the fine will be $168" It kind of all seems like it's a little crooked to me......It's all about revinue. As far as just getting it dropped....... You have to remember that you are going to be going against an officer, who is sworn in and under oath. I am not implying that some officers may not be walking as straight of a line as they should in any way. I'm just pointing out that it's you against an officer's word. Unless you have some sort of irrefudable proof that you did not do what they say you did, you may be better off spending your hard earned cash somewhere else. Case and point.... here's a short story. Back in the late 70's, my dad decided that he was going to build one of these fuel economizers. It was one of these things you get plans for and it's supposed to make you get more mileage by running the fuel through a cooler and blah, blah, blah. So he built this rig according to the plans. He installed it on our truck and away we went on a short vacation. This thing was obviously a hoax. (if it would work, all vehicles would be built with something like it, no?). Anyways, the truck couldn't get out of it's own way! I'm saying we could do about 60mph, tops, with the pedal to the floor. This state trooper pulls us over going up a grade and says we were doing 75mph. My dad contests there is no way that was even possible. Of course he got a citation for 20 over. My dad takes off work and goes to court. he pleads his case that there is no way the vehicle was even capable of doing that speed due to his device. We were thinking the trooper clocked somebody else and mistook it for us or something. Anyways, all that happened was my dad paying the fine for 20 over the limit, have a nice day. I was there, in the vehicle and I know exactly what happened. I know it was ALL wrong and incorrect. Right, wrong or inbetween, he lost pay for a day, or lost vacation time, just to end up paying for somethign he didn't do. Yes, I still remember that troopers name, and it's been over 30 years. |
Oh, I've had a few experiences. 
security6, I've got experience in Fond du Lac, Racine, and Milwaukee Counties. If you want to IM me the location (if it's in one of those areas), I give you my word of honor that I will not divulge anything to anybody else. One rule of thumb- unless you can get it tossed, you're going to pay the full (or higher) fine. Your money's gone- accept that now and move on. You're only fighting for a better driving record and less points so your insurance doesn't get screwed. Ticket #1: Dropped from 17 over to 12 over. No reduction in fine. 6 point ticket became a 4 point ticket. Ticket #2: Dropped from 15 over to "illegal standing." No reduction in fine. 4 point ticket became a non-moving violation. Ticket #3: Dropped from 12 over to a "defective speedometer." Fine increased $50.00. (Oh, this is a GOOD racket they've got going...) 4 point ticket became a 2 point ticket. I also successfully talked my way out of one ticket because I wouldn't admit to knowing my speed. The officer SAW I was driving too fast (and I was) and pulled me over. No radar was on; he saw me while pulling onto the freeway as I saw him and hit the brakes. The officer was annoyed I kept saying I had no idea how fast I was going and that I was in a hurry. Ran me/plates, every field sobriety, etc. Had to say more than a dozen times "I have ZERO idea how fast I was going" and wouldn't agree that "Son, you WERE speeding, right..?" (Answer: "Officer, I have NO IDEA how fast I was going." Tip #1 from a lawyer friend: Never admit to engaging in an illegal activity, no matter how trivial. Tip #2 from a lawyer friend: Never accept legal advice from opposing counsel. Good luck! 
Mike |
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Quoted: Oh, I've had a few experiences. security6, I've got experience in Fond du Lac, Racine, and Milwaukee Counties. If you want to IM me the location (if it's in one of those areas), I give you my word of honor that I will not divulge anything to anybody else. One rule of thumb- unless you can get it tossed, you're going to pay the full (or higher) fine. Your money's gone- accept that now and move on. You're only fighting for a better driving record and less points so your insurance doesn't get screwed. Ticket #1: Dropped from 17 over to 12 over. No reduction in fine. 6 point ticket became a 4 point ticket. Ticket #2: Dropped from 15 over to "illegal standing." No reduction in fine. 4 point ticket became a non-moving violation. Ticket #3: Dropped from 12 over to a "defective speedometer." Fine increased $50.00. (Oh, this is a GOOD racket they've got going...) 4 point ticket became a 2 point ticket. I also successfully talked my way out of one ticket because I wouldn't admit to knowing my speed. The officer SAW I was driving too fast (and I was) and pulled me over. No radar was on; he saw me while pulling onto the freeway as I saw him and hit the brakes. The officer was annoyed I kept saying I had no idea how fast I was going and that I was in a hurry. Ran me/plates, every field sobriety, etc. Had to say more than a dozen times "I have ZERO idea how fast I was going" and wouldn't agree that "Son, you WERE speeding, right..?" (Answer: "Officer, I have NO IDEA how fast I was going." Tip #1 from a lawyer friend: Never admit to engaging in an illegal activity, no matter how trivial. Tip #2 from a lawyer friend: Never accept legal advice from opposing counsel. Good luck! Mike  |
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A long time ago when I was young and stupid my ex girlfriend got ticketed for doing 20 over in a 35.
Country highway dropped from 55mph to 35mph for 100 yards where there was a house and then went back up to 55. She didn't slow down, I didn't know the limit had changed we got pulled over. Fast forward a month to the DA's office. He basically said "I have to write you for something because you broke the law." (He said he can't eliminate tickets because the patrol officers get pissed.) So she ended up getting it reduced to 5 over and a $100 something fine with no points off. If you are civil I believe they will work with you, but in the end you will have to pay something. |
| Show up for your court date, they will usually drop the points (or if you're lucky change it to some sort of non moving violation) which will help your insurance, but up the fine. Take it from someone who drives an over 500HP white mustang with red stripes that's almost as loud as any NASCAR who has seen inside a courtroom more than he wants to admit, lol. |
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I'm actually interested in anyone's view, whether they were there as a defendant, a witness (cop) or the prosecutor.
I fully understand that the fine is as good as gone, and I'm ok with that. In fact, if money was my main motivation I would just pay the ticket through the mail and be done with it. For various reasons that aren't relevant to the discussion at hand, I'm considering going to trial. On the other hand, if the prosecutor is willing to cut me a deal (say, change it to a non-moving violation with no points) then I would be willing to give up my right to a trial. From what I'm hearing here, it sounds like it may well be worthwhile to go to court to talk to the prosecutor for a pre-trial conference. This is going to be held in Oconomowoc municipal court, which (apparently) hears the tickets for many of the surrounding towns. The ticket was issued by a county sheriff, so maybe that has something to do with it. Prebans: Did you actually go to trial to get the better deal, or did you do the pre-trial meeting with the prosecutor to get the better deal? A couple questions: Has anyone asked for discovery in a speeding case? I haven't researched this fully yet, but I've seen some things saying that the government does not have to allow discovery for traffic infractions in Wisconsin. If anyone knows, is discovery limited to just asking for documents, or are interrogatories and/or depositions allowed? Has anyone been to municipal court in Oconomowoc for a speeding ticket or to talk to the prosecutor? |
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Quoted: I'm actually interested in anyone's view, whether they were there as a defendant, a witness (cop) or the prosecutor. I fully understand that the fine is as good as gone, and I'm ok with that. In fact, if money was my main motivation I would just pay the ticket through the mail and be done with it. For various reasons that aren't relevant to the discussion at hand, I'm considering going to trial. On the other hand, if the prosecutor is willing to cut me a deal (say, change it to a non-moving violation with no points) then I would be willing to give up my right to a trial. From what I'm hearing here, it sounds like it may well be worthwhile to go to court to talk to the prosecutor for a pre-trial conference. This is going to be held in Oconomowoc municipal court, which (apparently) hears the tickets for many of the surrounding towns. The ticket was issued by a county sheriff, so maybe that has something to do with it. Prebans: Did you actually go to trial to get the better deal, or did you do the pre-trial meeting with the prosecutor to get the better deal? A couple questions: Has anyone asked for discovery in a speeding case? I haven't researched this fully yet, but I've seen some things saying that the government does not have to allow discovery for traffic infractions in Wisconsin. If anyone knows, is discovery limited to just asking for documents, or are interrogatories and/or depositions allowed? Has anyone been to municipal court in Oconomowoc for a speeding ticket or to talk to the prosecutor? I'd be happy to help, as best I can. Drop me an IM. |
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Quoted: I'm actually interested in anyone's view, whether they were there as a defendant, a witness (cop) or the prosecutor. I fully understand that the fine is as good as gone, and I'm ok with that. In fact, if money was my main motivation I would just pay the ticket through the mail and be done with it. For various reasons that aren't relevant to the discussion at hand, I'm considering going to trial. On the other hand, if the prosecutor is willing to cut me a deal (say, change it to a non-moving violation with no points) then I would be willing to give up my right to a trial. From what I'm hearing here, it sounds like it may well be worthwhile to go to court to talk to the prosecutor for a pre-trial conference. This is going to be held in Oconomowoc municipal court, which (apparently) hears the tickets for many of the surrounding towns. The ticket was issued by a county sheriff, so maybe that has something to do with it. Prebans: Did you actually go to trial to get the better deal, or did you do the pre-trial meeting with the prosecutor to get the better deal? A couple questions: Has anyone asked for discovery in a speeding case? I haven't researched this fully yet, but I've seen some things saying that the government does not have to allow discovery for traffic infractions in Wisconsin. If anyone knows, is discovery limited to just asking for documents, or are interrogatories and/or depositions allowed? Has anyone been to municipal court in Oconomowoc for a speeding ticket or to talk to the prosecutor? Municipal court and county sheriff does not go together. Are you sure it was a sheriff? Given the bond amount on the forfeiture that you quoted above, I'm guessing this was some kind of town/village/city police officer. |
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I'm actually interested in anyone's view, whether they were there as a defendant, a witness (cop) or the prosecutor. I fully understand that the fine is as good as gone, and I'm ok with that. In fact, if money was my main motivation I would just pay the ticket through the mail and be done with it. For various reasons that aren't relevant to the discussion at hand, I'm considering going to trial. On the other hand, if the prosecutor is willing to cut me a deal (say, change it to a non-moving violation with no points) then I would be willing to give up my right to a trial. From what I'm hearing here, it sounds like it may well be worthwhile to go to court to talk to the prosecutor for a pre-trial conference. This is going to be held in Oconomowoc municipal court, which (apparently) hears the tickets for many of the surrounding towns. The ticket was issued by a county sheriff, so maybe that has something to do with it. Prebans: Did you actually go to trial to get the better deal, or did you do the pre-trial meeting with the prosecutor to get the better deal? A couple questions: Has anyone asked for discovery in a speeding case? I haven't researched this fully yet, but I've seen some things saying that the government does not have to allow discovery for traffic infractions in Wisconsin. If anyone knows, is discovery limited to just asking for documents, or are interrogatories and/or depositions allowed? Has anyone been to municipal court in Oconomowoc for a speeding ticket or to talk to the prosecutor? Municipal court and county sheriff does not go together. Are you sure it was a sheriff? Given the bond amount on the forfeiture that you quoted above, I'm guessing this was some kind of town/village/city police officer. I thought he said sheriff, but I left the ticket at the office. I do know it is Oconomowoc Municipal Court. I suspect they have some sort of arrangement with some of the local towns because my wife got a speeding ticket about 1.5 years ago in a different nearby town and I had to send the fine to Oconomowoc municipal court (she had no desire to do anything except pay the fine and be done with it). |
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/snip I thought he said sheriff, but I left the ticket at the office. I do know it is Oconomowoc Municipal Court. I suspect they have some sort of arrangement with some of the local towns because my wife got a speeding ticket about 1.5 years ago in a different nearby town and I had to send the fine to Oconomowoc municipal court (she had no desire to do anything except pay the fine and be done with it). Do you have any other documentation from the stop? What did it say on the ticket and why did you leave it behind? |
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/snip I thought he said sheriff, but I left the ticket at the office. I do know it is Oconomowoc Municipal Court. I suspect they have some sort of arrangement with some of the local towns because my wife got a speeding ticket about 1.5 years ago in a different nearby town and I had to send the fine to Oconomowoc municipal court (she had no desire to do anything except pay the fine and be done with it). Do you have any other documentation from the stop? What did it say on the ticket and why did you leave it behind? The only documentation he gave me is the ticket and an envelope to mail it in. Standard ticket, but I'm not going to post a picture of it here. I read it over and didn't see anything out of the ordinary. I was cited under a local version of the statute which is (according to the ticket) an adoption of Wisconsin Stat. 346.57(5). I don't really see why it's relevant whether I have the ticket at home or at my office. |
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/snip I thought he said sheriff, but I left the ticket at the office. I do know it is Oconomowoc Municipal Court. I suspect they have some sort of arrangement with some of the local towns because my wife got a speeding ticket about 1.5 years ago in a different nearby town and I had to send the fine to Oconomowoc municipal court (she had no desire to do anything except pay the fine and be done with it). Do you have any other documentation from the stop? What did it say on the ticket and why did you leave it behind? The only documentation he gave me is the ticket and an envelope to mail it in. Standard ticket, but I'm not going to post a picture of it here. I read it over and didn't see anything out of the ordinary. I was cited under a local version of the statute which is (according to the ticket) an adoption of Wisconsin Stat. 346.57(5). I don't really see why it's relevant whether I have the ticket at home or at my office. Ah, at your office. I was confused, it sounded like you left it at their office. Who's name is on the ticket, it should say "city of blank" or "county of blank"? |
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Sounds like one of the sheriff departments that contracts officers to local municipalities. Dane County has a bunch, as does Waukesha County. Sheriff department contracts to provide local law enforcement.
Here's an example |