How to handle a Wisconsin speeding ticket?

[Joel S]

update on mine :
my neighbor is a Leo and looked at my ticket. he said the statute it is written under is just a fine. no insurance and if he runs me he cant see it on his screen. hell cant ask for more than that, i don't mind contributing since i know its a heck of a lot less than other times i could have been stopped.
best of luck to the others.
Joel

[Elk]

my neighbor is a Leo and looked at my ticket. he said the statute it is written under is just a fine. no insurance and if he runs me he cant see it on his screen.

All speeding" is just a fine" unless it is excessive or repetitive and triggers a license suspension, etc.  What's the statute on the citation?

I assume that he would not see the ticket until it is paid (pleading guilty) or is adjudicated.  Prior to this it is just a charge.  It's that pesky innocent until proven guilty Constitutional thing.   (He may however  have access to pending charges however - I don't know.)

[HSL]

All speeding" is just a fine" unless it is excessive or repetitive and triggers a license suspension, etc.  What's the statute on the citation?

Well, not quite -- a fine, and a record of the conviction on your driving record (which then entails the consequences not prescribed by law but by your insurance policy).

Joel's neighbor might have been referring to the fact that he was written up as 64, and that's just below the 65+ threshold that would put it on the driving record in MN (assuming it was in a 55 zone).  Basically Joel already got the break from a sympathetic cop that I'm still trying to get from the DA...

[Joel S]

10-4, i cant get any better, i'll post the statute when i get a chance.
no record on my license, just a fine is where i am at. HSL, i think you are correct with me,  wish u the best in your deal.

Joel

[Elk]

Ah . . . I see what you mean.

Speeding tickets are written pursuant to MM. Stat. 169.14, and there is a requirement that the mph over the limit be noted.  Then, by operation of MN. Stat. 171.12 some speeding convictions are not recorded and, thus, not accessible by an ins co.

Here is the language of 171.12

Subd. 6.Certain convictions not recorded.

(a) Except as provided in paragraph (b), the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour speed limit.

(b) This subdivision does not apply to (1) a violation that occurs in a commercial motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial driver's license, without regard to whether the violation was committed in a commercial motor vehicle or another vehicle.

[Joel S]

169-14-2-a-3 speed over 55 1-10 over the limit 64 in 55
Elk, is this one of the good ones ??

[Elk]

I assume you are referring to Minn. Stat. 169.14, subd. 2(a). 

This section provides for a passing buffer of increased speed  under certain conditions.  This means you should not get a ticket if you meet the requirements of the statute.  Here is the language:

"Increased speed limit when passing.

Notwithstanding subdivision 2, the speed limit is increased by ten miles per hour over the posted speed limit when the driver:

(1) is on a two-lane highway having one lane for each direction of travel;

(2) is on a highway with a posted speed limit that is equal to or higher than 55 miles per hour;

(3) is overtaking and passing another vehicle proceeding in the same direction of travel; and

[meet the typical requirements for passing - no double yellow, etc.]

[Joel S]

http://www.mncourts.gov/Documents/4/Public/Traffic_Violations/2009statutes-rules.pdf

MINNESOTA STATUTES
169.14(2)(a)(3)
TRAFFIC
PETTY MISDEMEANOR
Speed greater than 55 miles per hour 1 to 10 over the limit
$145.00
NO (CERTIFY TO DRIVERS RECORD)

[Elk]

Almost.  The chart you reference is a shorthand. Here is how it works.  It's a little complicated to follow.

169.14, subd, 2(a) sets specific speed limits for various types of roads. 

169.14, subd. 2(a)(3) sets the 55 mph limit on certain roads: "55 miles per hour in locations other than those specified in this section;"

This is the specific section of 169.14 which you violate if you go over 55 mph in a 55 mph zone.

169.99, subd. 1(b) requires:

"The uniform traffic ticket must provide a blank or space wherein an officer who issues a citation for a violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour speed limit."

This is because the prosecutor and court must know whether 171.12, subd. 6(a) applies:

". . . the department shall not keep on the record of a driver any conviction for a violation of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater than ten miles per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in excess of a 60 miles per hour speed limit."

I hope this makes sense.

[Joel S]

man, i must be slow. felt like Charlie brown trying to read that this early.  

i think i understand not on my record, just a fine. correct ??  (translated for the slow folk  )

HSL, sorry to be so active on your thread. Hope you get some answers soon.

[Elk]

Like a lot of statutory schemes, it's complicated. 

In Minn. a fine and no record of conviction for:

- 10 mph over and less in a 55 mph zone
- 5 mph over and less in a 60 mph zone

[carlson_mn]

Much experience in my more youthful days with these types of things ranging from speeding tickets to reckless driving charges. 

The speeding tickets are the hardest to fight as there isn't much they can be reduced to,  however in both TX and OK you can take a defensive driving class once each year to negate one minor moving violation, in addition to a fine.  In OK I got nabbed doing 78/55 and I called and left a message with the DA office stating I had a clean record, and I later got something in the mail from them saying they would basically throw it out if I payed a fine of a bit more than the speeding ticket amount, however it's usually never that easy at all.  For the most part down South is easier to work with.  Only some counties in MN will do the In Lieu of Adjudication because many don't have the means to track it if they did. 

Good luck.  It's very difficult to keep a modern motorcycle near 55mph so I understand.  I'm just super wary of police nowadays.  I assume they are everywhere.

[HSL]

Ok, reverting back to the original topic...

I had my day in court today.  So this is what I can say about handling a speeding ticket in Pierce County:

• First of all, you have to enter a plea of Not Guilty.  This can be done by fax.  No one will talk to you before that.
• A Pre-Trial Conference will be scheduled about two weeks after the Initial Appearance date stated on your citation.  That's your first chance to talk to anyone.  Tried to call the DA before but got stonewalled.
• At the Pre-Trial Conference, there are two people in the court room, the court commissioner presiding, and the district attorney negotiating (if so inclined).  You can chose to call in by phone --  but it's your choice whether to be a nice guy sitting at the defense table, or a creaky voice out of the conference call device perched on the commissioner's bench.
• I don't want to spoil the chances for others by dragging the details of these proceedings out into the public view.  I will just say that I found everyone involved (court commissioner and DA) to be very decent people.  I went in modestly, did not try to bullshit anyone, no phony excuses.  The only thing I offered was a spotless driving record of 25 years which certainly helped.  And I made some (what I thought) reasonable proposals how to settle the matter.

So my bottom line is -- it's certainly worthwhile making the trip.

Thanks for all the advice from people here and particularly from Elk!

[Elk]

Well done!