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Traffic Violations

Home » Criminal Defense » Traffic Violations

Paying Your Traffic Ticket May Not Be The Right Move

When issued a traffic ticket, most peoples’ first inclination is to simply pay the ticket and move on. However, traffic citations can have serious and unforeseen consequences. In addition to the high fines, they can result in increased insurance premiums, points assessed on your driver’s license, potential civil liability, and in some instances an automatic license suspension.
Our Madison law firm represents people accused of traffic offenses such as:
  • Speeding
  • Reckless driving
  • Driving on a suspended license
  • Driving without insurance
  • Inattentive driving
  • Texting and driving
  • Hit-and-run

Speeding Tickets

Receiving a speeding ticket can be extremely frustrating, especially when you believe that you were not speeding or were unfairly targeted by law enforcement. It is even more aggravating when you realize that you may have to attend several court appearances if you wish to contest your ticket.
Wisconsin uses a point system to keep track of traffic citations. Every time a person is convicted of a traffic offense, they are given a certain amount of points based on the severity of the offense. When you reach a certain number of points, you can face certain penalties, such as:
  • License suspension or revocation
  • Vehicle forfeiture
Read more about the Wisconsin point system at the DMV’s website.
To learn more about the cost of a speeding ticket and where all the money goes, view our slideshow on the topic:

Inattentive Driving Or Texting And Driving

Inattentive driving functions as a “catch-all” for bad driving behavior, and can include any of the following actions:
  • Operating a vehicle too fast for conditions
  • Failing to diligently observe vehicles surrounding the operator in question
  • Using a cell phone during operation of a motor vehicle such that it impairs the driver’s concentration
  • Eating while driving
  • Or engaging in similar behavior that distracts from the careful operation of a motor vehicle
An adjudication on an inattentive driving ticket in Wisconsin results in four demerit points on a driver’s license, as well as fines and court costs.
Recently, Wisconsin passed legislation outlawing “texting and driving” as well. A violation of this traffic law also results in four demerit points on a driver’s license, and may be issued in conjunction with the more general inattentive driving ticket.
The accumulation of 12 demerit points during a one-year period of time may result in the suspension of a driver’s license.

Hit-And-Run Accidents

Wisconsin law requires a driver who collides with another vehicle to stop as soon as possible and provide the driver of the other vehicle with certain identifying information, or to leave a note on a parked vehicle with the driver’s name and address.
While this sounds like a relatively easy law to follow, for any number of reasons people may not immediately stop and provide the information that is required of them. Whether it is the stress of an accident, or simply not being aware that you damaged another vehicle, if you are charged with a hit-and-run you can face serious consequences.
Even if there are no injuries, penalties range from a fine of up to six months in jail. If someone is injured in the accident, then there is the possibility of even more serious penalties, including up to 25 years of incarceration.

Frequently Asked Questions About Traffic Violations in Madison, WI

What’s the difference between moving and non-moving violations?

Traffic violations can be divided into two types: moving violations and non-moving violations. Moving violations include speeding, driving the wrong way on a one-way street, running a red light, and driving on a revoked license. Non-moving violations include parking violations, such as parking in a no-parking zone, and faulty equipment, such as defective lights.

Non-moving violations tend to involve fewer points under Wisconsin’s demerit point system, reflecting the fact that they’re less likely to lead to accidents.

How does Wisconsin’s points system work?

Drivers in Wisconsin who violate traffic laws are assigned demerit points for each moving violation or traffic offense. The state adds a point to a person’s driving record for each infraction. When a driver accumulates 12 points in a 12-month period, their driving privileges are suspended.

Two-point offenses include:

  • Parking on a highway in a busy traffic lane
  • Having a defective speedometer

Three-point offenses include:

  • Having bad brake lights
  • Operating a vehicle with an expired license or no license
  • Taking a prohibited or illegal turn

Four-point offenses include:

  • Driving 11-19 mph over the speed limit
  • Failing to yield to emergency vehicles
  • Failing to yield the right of way
  • Failure to have their vehicle under control

Six-point offenses include:

  • Speeding 20 mph or more over the limit
  • Reckless driving
  • Driving under the influence
  • Evading an officer

The points system is one of the reasons to consider getting an attorney to help with a traffic ticket, even if it seems like a minor issue. If you accrue too many points in too short a time period, you will lose your driving privileges, which could affect your ability to get to and from work or run errands.

Do traffic citations involve the discovery process like criminal charges do?

Criminal cases go through a discovery process, in which the prosecution and defense teams interview witnesses and exchange evidence. Generally, neither party is entitled to discovery for traffic enforcement actions. However, a defendant has a limited right to see and test any devices that police used to determine whether they committed a traffic violation, such as radar guns and breathalyzer systems.

This is another area where an experienced traffic ticket defense attorney can prove invaluable. First, they can petition the government to access the devices within the statutory time limit—generally just 10 days from the alleged violation. Next, they can assess whether the devices were operating accurately and, if they are not, seek to throw out any evidence they produced.

Will there be consequences to a traffic ticket in Madison beyond fines?

In addition to fines and points on a driver’s license, people convicted of traffic violations may face collateral consequences. Among those are increased insurance premiums.

For professional drivers and those with CDLs, the consequences of traffic violations can be even more severe. Commercial truck drivers who are convicted of OWI can have their licenses suspended for a year. If the driver was hauling hazardous material, the suspension can be extended. Additionally, a second OWI can result in a lifetime CDL disqualification.

Do I really need a lawyer to contest a traffic ticket?

Strictly speaking, you do not need an attorney to contest your ticket for you. However, there are many advantages to having legal guidance as you do. An experienced ticket defense lawyer in Madison can help you by:

  • Review the citation for mistakes or errors
  • Challenge the admissibility of evidence from radar guns, red light cameras, alcohol detection systems, and other devices
  • Identify missteps or errors on the part of the citing officer
  • Negotiate for a reduced charge that puts fewer demerit points on your record

Without a lawyer, you’re at greater risk of steeper fines, more points on your license, and possibly the loss of your driving privileges.

Why Hire A Traffic Attorney?

If you are convicted of one or several traffic offenses in Wisconsin, it is important to discuss the matter with a qualified traffic attorney who can examine all of your options and ensure that you are not compromising your driving ability, incurring unnecessary increases to your insurance premium, or simply paying more for a ticket than you need to. Our attorneys can often reduce fines or points associated with a traffic citation. In many instances, we can even get some or all of your citations dismissed completely.

Our Wisconsin lawyers will explain the potential consequences of your ticket, and also discuss the various avenues of defense that are available in your case. We can also make arrangements to appear at all of your scheduled court appearances on your behalf, relieving you of the need to miss work or other obligations. Whether you are looking for someone to fight your citation in court, or simply hoping to negotiate a reduction to the fines and points associated with your citation, the attorneys at Nicholson Goetz & Otis, S.C., can assist you. You can reach us online or at 608-237-6854.

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