GENERAL COURT INFORMATION

 CITATION INFORMATION

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 or mandatory appearance. The court is not required to impose the amount indicated if you are convicted. The forfeiture amount could increase or decrease in response to and as indicated by circumstances of conduct at the time of the arrest, past record, or extenuating circumstances pointed out by the defendant.

 

WISCONSIN POINT SYSTEM 

Most traffic offenses carry a point value. Wisconsin's point system requires driver’s license suspension if the driver accumulates more than twelve points in any twelve-month period. These twelve months are a "rolling horizon.” Depending upon the seriousness of the traffic charge, most moving offenses carry between two and six points.

 

WISCONSIN DRIVER'S LICENSES

The two basic types of driver's licenses in Wisconsin are regular and probationary. While the first ticket under the probationary license is treated point-wise the same as a regular license, every ticket after the first ticket is doubled in points. This means the holder of a probationary license can very rapidly lose his/her driving privileges by accumulating two or three tickets in a twelve- month period.  Other types of driver’s license include occupational, CDL, etc.

 

INITIAL APPEARANCE AND PLEAS

The court date indicated on the citation is commonly referred to as the initial appearance. The Court will call cases alphabetically by municipality at your initial appearance. When your name is called, you will be asked to enter a plea. The choice of plea is between 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. It is generally viewed as a request to get the matter over with without any further need for 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.

 

PRE-TRIAL

Pre-trial conference is an opportunity to negotiate and perhaps 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 that issued the citation. The municipal prosecutor’s job is to prosecute. 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. If there is a settlement, then Judge Stern has the opportunity to review and either approve or reject the settlement. Generally, a settlement is approved, since it represents a compromise that is acceptable to both sides.

TRIAL

If the pre-trial does not result in settlement, the next step is trial. At trial the municipality/prosecution has what is called the "burden of proof.” This concept 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. After 1-01-11, this standard becomes evidence that is clear, satisfactory and convincing to a reasonable certainty.

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, review of any evidence (written documentation, pictures, diagrams, etc.) presented during the course of trial, and a review of specific law, Judge Stern will make a determination of either dismissal or finding of guilt on the citation. There is one clear winner and one clear loser at trial. The prevailing party may be awarded some minor statutory costs, where allowed.

Under the laws of this state, certain evidence, such as a radar speed reading, is generally presumed scientifically accurate with foundational testimony by the officer. This long standing rule of the Wisconsin Supreme Court is found in the National Transport (1973) case (stationary radar) and Hansen (1974) case (moving radar). Under these cases, radar essentially acts as a witness against the person who was driving the vehicle that was clocked.  In these situations, it is no longer a matter of the driver’s word against the officer's word.

 

APPEAL

Judge Stern's trial decision can be appealed by either party 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 trial record or on the basis of a de novo (new) trial at the circuit court level.

 

ASSESSMENT OF FORFEITURE

 If at any point an individual is found guilty of an offense, a forfeiture (fine) will be assessed. 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 Wisconsin to pick up the person who is the subject of the warrant and transport them to the Waukesha County jail, where in most cases they can work off the amount of the forfeiture at the rate of $25.00 per day ($50.00 per day as of 1-01-11). The Lake Country Municipal Court also utilizes Tax Return Intercept Program and Collection Agency services.

Judge Stern’s policy and philosophy is 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 current or future driver's license suspension may be the alternative for failure to pay any assessed forfeiture. A juvenile defendant’s parents may also be responsible for paying their child's forfeiture with all the ramifications set forth above for 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.

 

MANDATORY INSURANCE

Effective April 1, 2010, Chapter 344 of the Wisconsin Statutes was amended to require mandatory automobile insurance.  Three potential violations of this statute can result in the following citations: 

1.            Section 344.63 - an operator of a motor vehicle must have proof of insurance on his/her possession.  If this proof is not available, a citation will issue, with a forfeiture of $10. 

2.            Section 344.65 requires that if a vehicle is not insured, a citation will issue to the operator in an amount not to exceed $500 plus costs. 

3.            Section 344.64 prohibits the presentation of forged, falsified, counterfeit or fraudulent insurance.  A violation of this section will result in the issuance of a citation to the operator, with a forfeiture not to exceed $5,000 plus costs.

 

This law requires that Wisconsin residents carry the highest minimum insurance coverages as compared our neighboring  states.  This mandate and these coverages may have certain benefits if you are involved in an accident, but they also come with certain costs, including a higher cost of insurance as compared to lower coverages required by other states.

 

OPERATING WHILE INTOXICATED (OWI)

OPERATING WITH A PROHIBITED BLOOD ALCOHOL CONTENT (BAC)

Under Wisconsin law, municipal courts can and do process certain first offense "drunk driving cases.” Over time, Wisconsin’s OWI law has had significant revisions.  The latest is 2009 Wisconsin Act 100.  Additional modification can be expected in the future. An already harsh law was made more harsh for obvious and legitimate public policy reasons. OWI includes not only alcohol, but also prescription medication beyond the therapeutic level, as well as any detectable level of illegal drugs.

 Under current law, many first offense OWI’s are 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 companion refusal will be issued pursuant to Wisconsin’s Implied Consent Law.

Under current law, a second offense in ten years or a third offense lifetime, or first offense with a child under 16 as a passenger, results in a criminal prosecution.  In a criminal action, the County District Attorney will prosecute.  If there is a conviction in the criminal OWI case, 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 must 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 County Circuit Court where a circuit judge/jury will make all ultimate determinations as to guilt, innocence, the amount of the forfeiture, revocation period, assessment, and IID. However, the vast majority of individuals who are faced with these serious charges continue jurisdiction with the municipal court rather than opting for transfer to the circuit court.

 In drunk driving cases, 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 OWI 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 a 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 DMV 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 $731-794. Depending upon special circumstances, this fine may be slightly lower or higher.

 

2. REVOCATION. Wisconsin law requires a mandatory revocation of the convicted individual's driver's license. The first offense revocation period varies from between 6 to 9 months (12 to 18 months upon refusal conviction). An occupational driver's license is generally available immediately. Occupational licenses carry restrictions (60 hours of scheduled driving per week) and can only be used to get a person to and from work, obtain medical or child care, etc. Someone who drives outside of their restricted hours is subject to another set of severe penalties.

 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. If the conviction notes a BAC in excess of .15, then an Ignition Interlock Device (IID) is also ordered. (See IID section).

 Applications for occupational licenses are handled only at Wisconsin Department of Motor Vehicle stations.

After the revocation period is completed, a 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. Wisconsin law requires that everyone convicted of first offense OWI or BAC must undergo an assessment of their alcohol/drug habits. Application for that assessment must be made within 72 hours of their conviction. If assessment determines that an individual needs some type of alcohol or drug abuse treatment, that program must be followed (generally, Group Dynamics). Failure to undergo the assessment or comply with the treatment recommendations will result in an indefinite revocation of a driver's license. Cost of assessment is the responsibility of the person convicted of OWI/BAC. Currently, the costs are approximately $205 for assessment and $230 for Group Dynamics. The assessment paperwork is available and must be signed upon conviction.

4. POINTS. OWI/BAC offenses are assessed 6 points under Wisconsin 's point system.

 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 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 a 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 Wisconsin’s Implied Consent Law, when a person operates a motor vehicle on a roadway or other area open to the public, any person, subject to all constitutional safeguards, and upon arrest, is deemed to have given consent for a chemical analysis of their blood, breath or urine. Withholding such consent is deemed a refusal. Conviction on the refusal carries double penalties and IID requirement. In other words, already significant penalties are doubled if there is a conviction on the refusal.  It is strongly suggested and recommended that anyone who finds themselves in that position should undergo the chemical test being offered.

 7.  IGNITION INTERLOCK DEVICES (IID’S).  Beginning 7-01-10, first offense OWI’s with blood alcohol concentrations  of .15 or higher, and any and all refusals, require that an IID must be installed on every vehicle owned by the defendant, unless doing so would cause an undo financial hardship (usually multiple vehicles).  The IID must be functional and operational for a minimum one year period.  This one year period begins upon the defendant being issued an operator’s license.  There is an additional IID surcharge ($50 payable to the county) added to the base forfeiture amount. Those who do not pay the surcharges or who fail to comply with the IID order cannot obtain an occupational or other operator’s license.  Low income OWI offenders (at or below 150% of the federal poverty level) may be required to pay only one-half the IID installation monitoring and removal costs.  Please note there is no funding from the state to cover the other half of these forgiven costs.