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Traffic Citation Rights and Responsibilities
*Exceeding a 55 MPH or higher speed limit by 25 or more mph will result in a 15-day driver’s license suspension.
Must I appear in Court on the date set forth on my citation?
If you wish to plead not guilty, you may do this by mail without appearing in court on the date set forth on your citation. Please refer to the following section entitled “I Wish to Plead Not Guilty, How do I do that and What Will Happen in court?”
If you do not post bail money and you also fail to appear in court on your court date, you will be found guilty and judgment will be entered against you. If you fail to pay the forfeiture amount within the time set by the Court (60 days from the court date), your license will be suspended. Alternatively, contempt of court proceedings maybe brought against you.
What will happen if I appear in court on the day indicated 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. If you plead not guilty, your case will be scheduled for a pre-trial at a later date, which you must appear for.
I wish to plead not guilty. How do I do that and what will happen in court?
You may plead not guilty by entering a not guilty plea in person, in writing, by mail or by FAX prior to the court date. Mail or FAX the written plea of not guilty to Sauk County Clerk of Court, 510 Broadway, Baraboo, Wi 53913 (FAX #608-355-3480 or 608-355-3498). You must include the charge, the date you were scheduled to appear, the name of the police agency that issued you your ticket, the ticket number, your current mailing address and phone number. This must be received by the court date listed on your citation.
After you plead not guilty, the case will be scheduled for a pre-trial conference so that you can discuss the matter with the prosecuting attorney. You 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 $36.00 within ten (10) days following either: 1) the date you submitted your written not guilty plea, or 2) the date of your initial appearance, whichever occurred first. Jury fees are non-refundable.
A court date will be mailed to you. You will have to appear at the court date or you will be found guilty. It is your responsibility to notify the Clerk of Court in writing of any change in your mailing address.
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) 266-2261.
Speeding Violations
MPH over the speed limit* | Points |
---|---|
10 or less | 3 |
11 - 19 | 4 |
20 or more | 6 |
*Exceeding a 55 MPH or higher speed limit by 25 or more mph will result in a 15-day driver’s license suspension.
Other Violations | Points |
---|---|
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 |
WARNING: IF YOU HAVE A PROBATIONARY LICENSE, THE POINTS WILL DOUBLE AFTER YOUR FIRST CONVICTION.
Any questions may be directed to the Clerk of Court's office at (608) 355-3287 x3405 or you may email the traffic/forfeiture/juvenile clerk: kris.fisher@wicourts.gov.