The issuance of a citation alleging a violation of a state law or local ordinance initiates the court process. The citation indicates a deposit permitted amount filled in by the issuing officer. The court is not required to impose that amount if you are convicted. The forfeiture/penalty could increase in response to and as indicated by circumstances of conduct at the time of the arrest or past record. This forfeiture/penalty could also decrease based upon extenuating circumstances pointed out by the defendant.
Most
traffic offenses carry a point value.
There
are two types of driver's licenses in
INITIAL APPEARANCE AND PLEAS
The initial appearance is the court date indicated on the citation. At your initial appearance, the Court will call the cases alphabetically within and by municipality. When your name is called, please come forward. You will be asked to enter a plea with the choices being: guilty, no contest, or not guilty. A plea of guilty indicates your admission of the charges against you. A plea of no- contest is not an admission, not a denial. Basically it is a request to get the matter over with without any further trouble or appearance. On a plea of no-contest, you will be found guilty.
If you enter either a guilty or no-contest plea, you will be given the opportunity to provide any explanation of the circumstances surrounding the issuance of the citation. Based upon your explanation and based upon the police report as relayed to the judge by the prosecutor, in many cases you'll be given some consideration/reduction as to points or forfeiture/fine amount.
The third choice for plea is not guilty. Enter the not guilty plea if you feel the ticket was issued in error, you have a defense to the ticket, and wish to contest the ticket. Upon a plea of not guilty, the matter will be set for pre-trial in approximately four weeks.
PRE-TRIAL
Pre-trial conference is an opportunity to settle the case or discuss disagreements about what happened or the effect of the law on your specific circumstances. The pre-trial conference is between you and the prosecutor for the municipality. The job of the municipal prosecutor is to represent the municipality and prosecute you. However, he/she is also a court officer under duty to treat you with respect. It is assumed that you will do likewise. Please keep in mind that the prosecutor does not represent you, he/she represents the community.
The pre-trial conference will end with a written conference sheet that represents either the settlement achieved or sets a trial date. You will receive a copy of this conference sheet indicating either the settlement or the trial date. If there is a settlement, then Judge Stern has the opportunity to review and either approve or reject the settlement. However, in the vast majority of cases, the settlement is approved, since it represents a compromise that is acceptable to both sides.
TRIAL
If the pre-trial does not result in settlement of the citation against you, the next step is trial. At trial the municipality/prosecution has what is called the "burden of proof'. This simply means you don't have to prove yourself innocent, the prosecution must show by clear, satisfactory, and convincing evidence that you are indeed guilty of what you are charged with.
Since the prosecution has this burden, they go first in presentation of witnesses followed by the defendant's witnesses. Each party has the right and opportunity to cross-examine (question) the other party's witnesses. After the conclusion of all testimony, and review of any evidence presented during the course of trial (evidence is written documentation, pictures, diagrams, etc.) and review the specific law, Judge Stem will make a determination of either dismissal or finding of guilt on the citation. There will not be a finding of an alternative. If either side wants something that's in the middle, then that should be achieved before the trial stage, since there is one clear winner and one clear loser at trial. The prevailing party may be awarded some very minor statutory costs.
Under the laws of this state, certain evidence, such as a radar speed reading, is generally presumed accurate with a minimum amount of foundational testimony by the officer. This is a long standing rule of the Wisconsin Supreme Court in the National Transport (1973) case (stationary radar) and Hansen (1974) case (moving radar). In other words, the radar may act as a witness against the person who was driving the vehicle that was clocked, so it is not simply a matter of the driver’s word against the officer's word.
APPEAL
Judge Stern's trial decision can be appealed to the Waukesha County Circuit Court. Any appeal must be filed in writing within 20 days after judgment or the right to appeal is forfeited. The appeal fee and any other appropriate costs and forfeitures are due and must be posted upon filing the appeal. An appeal can either be on the record or on the basis of a de novo (new) trial.
ASSESSMENT OF FORFEITURE
If at any point an individual is found guilty of an offense, a forfeiture (fine) will be assessed. At the time of assessment payment can be made by cash, check, money order, or charge card. Upon request, a 60-day extension for payment of the forfeiture will be granted. If not paid within 60 days, there are a number of alternative sanctions that will be utilized to enforce accountability against the non-paying individual.
The first is a two-year suspension of that individual's driver's license. In order to get the driver's license back, that individual has to not only pay the original forfeiture, but then go to a driver's testing station, fill out a form, usually stand in line, and pay a fine to reinstate his/her privileges. However, that person's driving record will reflect the suspension for a period of five years with obvious consequences.
The
second sanction is the issuance of a warrant. A warrant directs any police
officer in the State of
This Court does not prefer using either one of these sanctions, but it is the policy of Judge Stern that the vast majority of our fellow citizens who are responsible and take these matters seriously, should be doing so with confidence that the few who ignore their responsibilities face the appropriate consequences.
JUVENILES
This court has jurisdiction over persons age twelve to seventeen for non-traffic ordinance violations. All hearings are closed and private unless there is a waiver of this right. A driver's license suspension may be the alternative for failure to pay any assessed forfeiture. The juvenile's parents may also be responsible to pay their child's forfeiture with all the ramifications set forth above on non-payment by the parent.
COURT CONDUCT
This court is established pursuant to state law. The rules of decorum and evidence will be followed. Please remain quiet in the courtroom or hall as you wait for conferences, an initial appearance, or trial. There is no smoking in any public building. Any disruptions may be the basis for a contempt citation.
OPERATING WHILE INTOXICATED (OWI)
OPERATING WITH A PROHIBITED BLOOD ALCOHOL CONTENT (BAC)
Under
Under
current law, a first offense OWI is treated as a civil forfeiture matter.
Alternative citations are issued out of the standard drunk driving arrest: (a)
one citation for operating while intoxicated; and (b) a second citation for
operating with prohibitive blood alcohol content. In situations where the
arrested individual refuses to take the required chemical test for blood,
breath, or urine, an OWI citation and a companion refusal citation will be
issued pursuant to
Under current law, a second offense in ten years or a third offense lifetime is a traffic criminal matter rather than a civil forfeiture action. The distinction is that the District Attorney will prosecute a second or greater offense and if there is conviction, substantial jail time will be assessed together with a large fine.
INITIAL APPEARANCE
Initial appearance on OWI and companion BAC ticket is the same as any other citation. However, the OWI and companion BAC charges are the only citations that can be removed from the municipal court to the circuit court at the option of the defendant. In order to accomplish this, the defendant can plead "not guilty" and post the required bond and fees/costs for transfer by mail or appear in person and post the appropriate bonds, fees and costs. If either of these is accomplished, then the companion OWI and BAC tickets will be transferred to the Waukesha County Circuit Court where a circuit judge/jury will make all ultimate determinations as to guilt, innocence, the amount of the forfeiture, suspension period, and assessment. However, the vast majority of individuals who are faced with these serious charges keep them in the municipal court rather than opting for transfer to the circuit court.
The same process and procedure as in other cases is followed depending upon the plea and leading up to trial. The state will, in most cases, suspend an individual's operating privileges 30 days after the stop. This is called an administrative suspension. Any time served on the administrative suspension will be credited to the revocation that will be imposed upon any finding of guilt on the OWI/BAC. Upon suspension/revocation, a person is eligible for an occupational driver's license which can be obtained at a driver's testing station.
OWI/BAC PENALTIES
A person is generally charged with an OWI and BAC ticket. While guilt can be found on both citations, penalties are imposed only on one of the citations. Upon conviction, these penalties and requirements are as follows:
1. FINE. The fine amount on the OWI/BAC ticket includes a base fine, various costs, and a special assessment amount. The current general OWI fine is $716.00 or $779.00. Depending upon special circumstances, this fine may be slightly lower or higher.
2.
REVOCATION.
In order to receive an occupational license, an individual must provide proof of financial responsibility. This is accomplished by having the insurance carrier fill out an SR-22 form.
Applications for occupational licenses are handled only at Wisconsin Department of Motor Vehicle driver testing station.
After any period of suspension is completed, the driver's license is not automatically reinstated. To reinstate, that individual must go to a Motor Vehicle driver testing station and reinstate his/her driver's license and privileges.
3.
ASSESSMENT.
4.
POINTS. OWI/BAC offenses are assessed 6 points under
5. SENTENCING GUIDELINES. The Waukesha County Circuit Court has adopted sentencing guidelines for OWI/BAC cases. These guidelines require certain penalties based on various factors including the blood alcohol test result and the degree of driving impairment. If there is a plea of guilty or no-contest, or there is a finding of guilt at trial, this Court will impose a penalty taking into account the Waukesha Circuit Court guidelines.
6. REFUSAL. Pursuant to 2003 Wis. Act 199, amending Sections 343.305, 800.04 and 800.07 of the Wisconsin Statutes, effective for offenses committed on or after 8-01-04, municipal courts now have authority to prosecute first offense refusals if the arrest for OWI was made for violation of a municipal ordinance and the municipality has a municipal court. Upon issuing a “Notice of Intent to Revoke” following a refusal to take a test, the officer must forward a copy of the Notice and the defendant’s license to the municipal court. A copy of the Notice must also be sent to the attorney for the municipality. If the defendant requests a hearing on the refusal issue within 10 days, the municipal court shall hold the hearing to determine if the refusal was proper. If the defendant makes a timely request for a refusal hearing and a timely request for a jury trial, the OWI citation and the refusal paperwork are both to be transferred to the circuit court.
Under
3/20/2008