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A Traffic Citation:
Your
Rights & Responsibilities
What will happen if I appear in court on the date on my
citation?
The date on your citation is the date of your initial
appearance. An initial appearance is your opportunity to
enter a plea to the charge. You may plead guilty, no
contest, or not guilty. The initial appearance is not the
trial date. If you plead guilty or no contest, the court
will find you guilty and the matter will be resolved at the
initial appearance. Be prepared to pay the ticket at this
time. There is no guarantee that your ticket will be
reduced. Your ticket may already be written for the minimum
forfeiture and points.
If you plead not guilty, your case will be scheduled for a
trial at a later date.
Must I appear in court on the date set forth on my citation?
You may avoid appearing in court by sending the bail amount
prior to your court date. If bail is posted and you do not
appear in court, you will be found guilty, and the bail
money posted will be forfeited.
You may also avoid appearing in court if you
enter your plea
in writing. Mail your plea to: Dodge County Clerk of Court,
210 W Center Street, Juneau WI 53039, or FAX your plea by
dialing (920) 386-3587. Include the charge and violation
date, the date you were scheduled to appear, the name of the
police agency that issued your ticket, the ticket number,
your current mailing address and phone number. This plea
must be received before the court date on the citation. The
not guilty plea will be entered on the initial appearance
date on your citation.
If you do not post bail money and you also fail to enter a
plea in person or by writing, a judgment will be entered
against you for the amount of the ticket. From the date of
judgment, you will be allowed 60 days to pay. Failure to pay
will result in either a warrant for your arrest or
suspension of your license or judgment against your credit
record.
Can I change the initial
appearance?
Yes, however you will only be given one adjournment to the
next scheduled intake date. If you are unable to attend the
scheduled court date, you can enter your plea in writing by
mail or fax. This must be received BEFORE your court date.
What happens once I plead not
guilty?
After you plead not guilty, the case will be scheduled for a
trial. You also have the right to a
jury trial. If you want to preserve this right to a jury
trial, you must make a written demand for a jury trial and
post jury fees of $36 within ten (10) days following the date of
your initial appearance. Jury fees are not refundable.
I'm worried about the points to be assessed against my
driving record. How do I know if I'm in point trouble?
If you are found guilty of a traffic violation, your driving
record may be charged with demerit points. The court will
not determine the number of points assessed against your
record. The court will merely report the conviction to the
Division of Motor Vehicles and the Division will assess the
number of points against your record, depending upon the
charge. The following point schedule lists common traffic
violations. Other violations, not listed, may also carry
points. If you accumulate 12 points against your driving
record within a one-year period by date of violations, your
license will be suspended or revoked.
If you have questions about the status of your license you
should call the Department of Motor Vehicles - License
Division directly at (608) 266-2353.
Speeding Violations
|
Miles per hour over the legal limit
|
| |
10 or less |
11 - 19 |
20 or more |
| Points |
3 |
4 |
6 |
10 or less 11 - 19 20 or more
Points 3 4 6
* Exceeding a 55 or 65 mph speed limit by 25 or more mph
will result in a 15-day to one year driver's license suspension.
Once you get your trial notice, the prosecuting attorney
will be in contact with you to try and resolve the matter.
If you cannot settle your case, you must appear on the trial
date.
Other Violations
| Reckless driving or
racing |
6 |
| Deviating from a
traffic lane |
4 |
| Driving wrong side of
highway or street |
4 |
| Failing to yield
right of way |
4 |
| Failing to yield to
emergency vehicle |
4 |
| Imprudent driving,
too fast for conditions, Failing to have vehicle under
control |
4 |
| Inattentive driving |
4 |
| Passing school bus
when red lights flashing |
4 |
| Arterial or traffic
control violation |
3 |
| Driving wrong way on
one way street |
3 |
If you have a probationary license,
the points double after our first conviction.
How is the dollar amount on my ticket determined?
The dollar amount written on your ticket is actually a
combination of a forfeiture and numerous surcharges and
fees. The forfeiture for an offense is a relatively small
part of the total penalty that you must pay. For example, if
you received a speeding citation, the minimum forfeiture for
this offense is $30. The base forfeiture ($30) and the fees
and surcharges($130.80) total $160.80. This is the amount
that the officer is required to write on your ticket, if
traveling 1-15 mph above a 55 mph or less legal limit (65
mph limit has a higher minimum). It is the minimum amount
that you must pay for a speeding conviction in the above
range.
Why do I have to pay all these fees and surcharges?
These fees and surcharges are added to your ticket according
to state statute.
State statutes require that the officer and the court
include these fees and surcharges on your ticket.
Where do these fees go?
On a typical speeding ticket the minimum ticket amount is
broken down as follows:
|
Forfeiture |
$30.00 |
|
26% Penalty assessment |
$ 7.80 |
|
Court costs |
$25.00 |
|
Justice information fee |
$12.00 |
|
Jail assessment fee |
$10.00 |
|
Court support fee |
$68.00 |
|
Crime lab drug assessment |
$8.00 |
|
Total |
$160.80 |
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Aug 27, 2007