The Basics of Traffic Law
Most people come into contact with the court system through traffic court. This article discusses traffic court at the circuit court level. Some municipalities have their own municipal court, and different rules and procedures may apply.
In Wisconsin, most traffic cases involve non-criminal offenses where the penalties include fines, demerit points, and possible suspension/revocation of driving privileges. Repeat drunk driving or traffic offenses that involve serious property damage or bodily injury are considered criminal cases and may be either a misdemeanor or felony, depending on the nature of the offense.
This article is intended to provide general information about the stages of a traffic case. It cannot be used as a guide to self-representation, and it does not substitute for the advice of a qualified attorney.
-The Citation
Police officers may issue traffic citations when they have probable cause to believe that a violation was committed. A police officer does not need to actually witness the violation. Traffic citations may be issued based on the statements of eyewitnesses to a traffic offense.
The citation contains information identifying the vehicle, the driver and the violation allegedly committed. Officers may issue more than one citation if multiple violations have been committed.
The top of a Wisconsin citation form will specify the amount of the fine and whether you need to appear in court.
-The Return Date
At the top of a Wisconsin citation, a date and time will specify when your case will be brought to court. This is often called the "return date." If the citation requires a personal appearance, you must appear in court, unless you are represented by an attorney. If the citation does not require a personal appearance, you may plead "not guilty" by writing a letter to the court. If you do not dispute the ticket, you may simply pay the fine printed on your ticket. In either case, make sure that the court receives your "not guilty" plea or your payment by the return date.
-The Pretrial
If you plead "not guilty," the court will order you to come to court for a pretrial conference. Depending on the county, the pretrial may be an informal meeting with the prosecutor or it may involve a formal court hearing with the judge and the prosecutor.
The pretrial is the best opportunity to discuss your case with the prosecutor and negotiate a settlement. Cases that are not settled at the pretrial are scheduled for trial.
-The Trial
Most trials in traffic court are bench trials where guilt or innocence is decided by the judge. Requests for a jury trial must be made in writing no later than 10 days after your return date (the date listed on your traffic citation). You must also pay the jury fee.
At the trial, the prosecutor and the defendant have opportunities to present their evidence. The Rules of Evidence apply to all trials, so it is important to have the case prepared in advance and it is important to have all of the evidence ready. Out-of-court statements and letters are generally considered hearsay and are inadmissible as evidence. You need to have witnesses present to give testimony. Subpoenas can be issued to witnesses who will not voluntarily come to court.
After hearing the evidence, the judge or jury will render a decision on your guilt or innocence. If found guilty, the judge may order you to pay a fine (called a forfeiture), assess demerit points against your driver's license, and possibly suspend or revoke your driver's license, depending on the case.
-Appeals
You may appeal an adverse decision to the Wisconsin Court of Appeals. Appeals are very complex. Appeals are subject to strict deadlines, and the failure to meet those deadlines may result in the loss of the right to appeal. Also, not all of the Court's decisions are capable of being appealed. If you want to appeal a decision from the trial court, it is best to promptly consult the advice of an attorney.
