How to handle a Wisconsin speeding ticket?

[HSL]

Before you give me the "man up and pay" speech... yes I will.

But if there is a reasonable way to protect my squeaky-clean driving record, it would be silly not to do that.  My understanding is that WI offenses do get usually reported to MN.  Has anyone any practical experience with asking for leniency regarding the reporting, or pleading guilty to a non-moving violation instead?

Would one preferably talk to the prosecutor, a hearing officer, the judge?  The venue is Pierce county, WI (it wa on WI-35 south of Prescott, 70 in 55 zone) -- with Prescott in their jurisdiction, I assume that they are not extremely sympathetic to two-wheeled speeders...

[Joel S]

How to handle a MN speeding ticket?

 Dakota co sheriff, 33deg out, cold windy as all heck, cracked my visor on 50 by 61? top of the last of the humps . 71 or 2, written at 64.
clean record also.

HSL, sorry i cant advise but I'm in the same boat.

any advise would be great, i have no shot of "fighting" the ticket.
thanks guys.

[Ray916MN]

On occasion in the past I've spoken to the prosecutor prior to the appearance and to the judge at the appearance. Speaking with the prosecutor works well when you have a clear defense. I haven't tried speaking with the prosecutor to simply ask for leniency based on having a clean record or some other rationale, but it is free except for your time. Most prosecutors have specific times set up for defendants to speak with them. I've also hired attorneys. Best success has been using an attorney. Haven't bothered with any of this in a long time, as the cost in time and money to fight a ticket generally has outweighed the benefit.

[Aprilian]

Sorry Ray, but the time invested has always paid benefits for me.  The key issue is not that you are 'fighting' the ticket' rather that you are working  within the system for the best possible outcome.

Dakota is no problem.  Go to the hearing date on your ticket.  Dress respectfully.  Ask to speak to prosecutor.  The prosecuter may offer you a "stay in lieu of adjudication with no similar".  That means if you don't get a similar ticket for 1 year (or they don't hear from another county) then the guilty charge is wiped off your record and your insurer does not hearabout it.    Cost for that is usually a few bucks less than the actual ticket with a clean license.  If the prosecutor is busy, he may give the judge a sheet that he can offer the same deals with sliding prices based on your record.   I've done this once and made my son go through it once.  I am convinced that you should never just pay a ticket!!!

Not sure how WI works, but just showing up and being respectful will probably give you some options that mailing it in will not.

Much thanks to Tom Gallager (Red Ducati) for teaching me this information.

[Elk]

Aprillian is absolutely correct in all respects. 

A little additional advice: treat the prosecutor as you would the cop.  He or she is typically young, getting experience, knows they have you (very few speeding tickets have a true defense).  Thus, be respectful and do not insult their intelligence.

I'll check to see if I can find out anything specific about Pierce county.

[HSL]

Thanks for all the feedback so far with which I very much agree.  I find that most people have an inclination to be helpful when asked respectfully.

I'll check to see if I can find out anything specific about Pierce county.

That would be great.  I was hoping that someone had specific experience there as to what would be the best approach -- sort of like the stuff people know about Dakota county.

[Joel S]

thanks from me also guys, very helpful.

[vince]

Sorry Ray, but the time invested has always paid benefits for me.  The key issue is not that you are 'fighting' the ticket' rather that you are working  within the system for the best possible outcome.

Dakota is no problem.  Go to the hearing date on your ticket.  Dress respectfully.  Ask to speak to prosecutor.  The prosecuter may offer you a "stay in lieu of adjudication with no similar".  That means if you don't get a similar ticket for 1 year (or they don't hear from another county) then the guilty charge is wiped off your record and your insurer does not hearabout it.    Cost for that is usually a few bucks less than the actual ticket with a clean license.  If the prosecutor is busy, he may give the judge a sheet that he can offer the same deals with sliding prices based on your record.   I've done this once and made my son go through it once.  I am convinced that you should never just pay a ticket!!!

Not sure how WI works, but just showing up and being respectful will probably give you some options that mailing it in will not.

Much thanks to Tom Gallager (Red Ducati) for teaching me this information.

This is how it worked for me in Dakota County back in December.

[Jvs]

Got a ticket for 88 in a 65 reduced to unreAsonable acceleration cause I talked to the prosecutor, just use your manners, dress nice and listen. They hear excuses all day long say your sorry and learned your lesson an hope for the best good luck

[vince]

You still got a moving violation ticket. What did you win? Looks to me that you still lost.

[Elk]

I spoke with one of my colleagues who handles traffic tickets from time to time.

She indicates that in Wisconsin, you enter a not guilty plea (in writing).  This cancels the court date on the citation and sets the matter for pretrial.  Pretrial is generally set about a month out.

This gives you an opportunity to speak with the prosecuting attorney.  Generally you can resolve the issue with him by stipulation.  You will then not need to appear. 

Prior to attempting to negotiate, request the records relating to the citation from the DA.  Once you get them, call the DA to discuss resolution.  They will typically provide a little bit of a discount on either the fine or points. She states "I can get better deals for WI residents as I have the points system to work with. Since MN does not have points, and the DAs know it does not matter, the DAs across the state that I have worked with have played with that fact and play hard ball on the fines/levels of speeding. There is a statutory minimum amount associated with the levels of speeding ranges, so you may be able to get it reduced a level. You can also get the ticket converted to non-moving of some sort, but it is quite unlikely unless you have some good facts." 

Pierce County only has 1 judge, so there is nothing to consider regarding requesting a change of judge.  He is the master of his domain. As she opines, "I think it more depends on how tolerant the DA or assist DAs are of 2 wheels. All 3 are male, so perhaps they would be more understanding."

I can provide you with a form not guilty plea if you PM me.  However, the court is very lenient with pro se defendants.  I suggest simply calling the DA and indicating that you want to plea not guilty, ask for a pretrial date and request the records.  Make sure to do so before the court date.  I am sure you can also appear and plead not guilty then, but this necessitates a trip to the court house.

[HSL]

Elk, thanks for the great writeup, and thanks also to your colleague who volunteered all that information.

I am just a little confused by the comment on the DAs playing hardball with MN residents.

In MN, speeding convictions of no more than 10 mph over won't go on the record.  So all it takes is the charge to be dropped from 70 to 65 mph.  For WI, that wouldn't make a difference because all speeding violations from 1 to 15 over fall in the same bracket and carry the exact same fine. So one would think that would be easy enough to do for the DA, if he wanted to be nice, without hurting Pierce County's revenue.  Where is my logic wrong?

Unless anybody here has any more specifics on the people to deal with in Pierce county I'll just make a cold call to their office and hope for the best.  (Am I really the only idiot who ever got clocked on WI-35?)

[nOOky]

You Minnesota people stay out of our fine state and ride your own roads! 

I would think it's public knowledge/common sense to not speed on hwy 35, but people get busted all the time doing just that. Good luck with your ticket, they really do suck.

[dl]

Ive heard of courts offering to drop the speeding for a "lesser charge", with a lower fine, but careless, or wreckless driving, is usually frowned upon by insurance more than speeding. Not my own experience, but Ive heard from friends who have had trouble in the past. So be careful what you agree to.

[Jvs]

You still got a moving violation ticket. What did you win? Looks to me that you still lost.

No; unncessary acceleration doesn't show up on my record for insurance and all that..plus the ticket was pretty much cut it half