How To Fight A Speeding Ticket In Wisconsin?
No person may drive a vehicle at a speed greater than is reasonable
and prudent under the conditions and having regard for the actual and
potential hazards then existing. §346.57(2)
Drivers need to be aware of the rules of the road so that they can
avoid breaking the law and getting fined for their actions. This being
said, sometimes drivers break the law unintentionally. If you think
you have been ticketed unfairly for speeding in Wisconsin, find out
how to fight a speeding ticket in Wisconsin. Make sure your reading
applies to this state only as the rules differ between states.
First of all, many drivers will not contest their speeding tickets.
They either do not know how to, or they know that they are guilty of
speeding and that trying to prove otherwise would be futile. In this
case, they pay their fines so as not to get into more trouble. Let
your attorney decide if you are guilty or innocent you are not
qualified to make that decision.
There are other drivers, however, who will argue that they were fined
unfairly. An argument might go something like this: “Everyone speeds
along that road. The posted speed is ridiculous.” This approach is
hopeless, something you will discover rapidly in a court of law, or if
you speak to a lawyer who defends ticketed individuals.
Find one of these onlines, and make a call before you proceed with
your “not guilty” plea. He will be able to tell you if you have a case
or not. If you do, both defense and prosecution lawyers will try to
come to an agreement. Maybe the signs were knocked down or covered
with foliage. If your argument does not convince the prosecutor, then
you go to court and must prove you were ticketed in error.
Your two biggest concerns are keeping your license and reducing or
negating the amount you will have to pay. The money part does not just
have to do with fines, but also with insurance which goes up if you
get in trouble with the law. Points add up when you routinely speed or
commit other violations. The further you exceed the speed limit, the
more points you accumulate. If they reach or go beyond a certain limit
in one year, you will have your license suspended.
Reduce points or have them cleared by satisfying the expectations of a
judge and attend defensive driving classes. The judge will provide a
list of accredited teachers whose certification he will accept.
Another way to clean your license up is to maintain a violation-free
record for the future. This could lead to having your points taken
Wisconsin Statutory Speed Limit: 65 MPH on any freeway or expressway
when posted §346.57(4) (gm)
See Other below. 55 MPH on highways not posted §346.57(4)(h)
45 MPH on designated rustic roads §346.57(4)(k)
35 MPH on highways within semi-urban district outside city or village
corporate limits §346.57(4)(g)
35 MPH on outlying district highways within city or village corporate
35 MPH on certain highway in business, industrial and residential
25 MPH on service roads with city or village corporate limits §346.57(4)(em)
25 MPH on other highways within city or village corporate limits §346.57(4)(e)
15 MPH in an alley §346.57(4)(d)
15 MPH in a safety zone occupied by pedestrians and where a “public
passenger vehicle” has stopped to receive or discharge passengers
15 MPH in a “school crossing” §346.57(4)(b)
Wisconsin Minimum Speed Limit: 1. No person shall drive a motor
vehicle at a speed so slowly as to impede the normal and reasonable
movement of traffic. §346.59(1)
2. A person driving at less than the normal speed of traffic shall
drive in the right-hand lane then available for traffic or as close as
practicable to the right-hand curb or edge of the roadway. §346.05(3)
Wisconsin Speeding Ticket Fines Amount ($ Range): Violating the Basic
Speed Law, School Area Speed Limits, Pedestrian/Passenger Safety Zone
Speed Limits- 1st offense-$40 to $300; Subsequent offense-$80 to $600.
Violating the 65 MPH Speed Limit -$50 to $300. §346.60(2)(b)
Violating Other Speed Limits3 -$30 to $300. §346.60(2)(a)
Violating the Minimum Speed Law (Impeding Traffic)- 1st offense-$20 to
$40; Subsequent offense-$50 to $100. §346.60(1)
Failing to Maintain Speed Except in Right Lane -$30 to $300. §346.17(2)
Mandatory Min. Fine ($): None
Traffic School: An offender may have points deducted from his/her
driving record if he/she participates in driver improvement
counseling, a traffic safety school, or a defensive driving course.
WAC 101.07 Three points will be removed once you successfully
complete the course.
Other: 1. The above minimum and maximum fines (forfeitures) are double
if the following offenses occur in a highway maintenance, construction
area or utility work area: violating the basic speed law; exceeding
the speed limit in an alley; or, exceeding the speed limit on highways
or roads with 25 to 65 MPH speed limits.4 §346.60(3m)(a)
2. The above minimum and maximum fines (forfeitures) are double if a
person violates the basic speed rule in a “designated” school zone
(“school crossing”) or exceeds the speed limit in such a zone. This
sanction applies on any type of highway (road). §§118.08(1) &
Bicycle Operators: 1. A person who exceeds the speed limit while
operating a bicycle is subject to a Civil Forfeiture of not more than
$20. §346.60(5)(a). 2. A person who obstructs traffic while operating
a bicycle is subject to a Civil Forfeiture of not more than $10.
Wisconsin Point System: 1. An offender’s license is subject to either
suspension or revocation for 2 months, 4 months, 6 months or 1 year if
he/she accumulates respectively 12 to 16 points, 17 to 22 points, 23
to 30 points or >30 points within 12 months. WAC Trans. 101.04.
2. The following points have been assigned to speeding to speed
related offenses: racing on the highways-6 points; reckless driving-6
points; speeding 20 MPH over the speed limit-6 points; imprudent
speed or driving too fast for conditions-4 points; speeding >10 MPH
but <20 MPH over the speed limit-4 points; inattentive driving-4
points; unnecessary acceleration-4 points; speeding £ 10 MPH over the
speed limit-3 points; and obstructing traffic/driving excessively
slowly-2 points. §343.32(2)(b) & WAC Trans. 101.02
If you have a probationary driver’s license, any infractions that
would cause points to be entered on your driving record are doubled
during the probationary period.If your points are in the A, B, C, D
classifications, you are eligible for only one point reduction every
five years. You may also have an additional three point reduction in a
five year period for any points you may be assessed due to motorcycle
(Class M) violations, however, you may not be permitted to reduce
points if you have accumulated 12 points in a one year time span, as
that requires a license suspension
Commercial Motor Vehicle (CMV) Operators
Grounds for Disqualification : A person is disqualified from operating
a CMV if while driving such a vehicle he/she either (1) commits 2
“serious traffic violations”10 within a 3-year period or (2) commits 3
such violations within a 3-year period. §343.315(2)(f)
Period of Disqualification : 2 serious violations (within 3 years)-60
days; 3 serious violations (within 3 years)-120 days. §343.315(2)(f)
Period of Mandatory Disqualification : 2 serious violations (within 3
years)-60 days; 3 serious violations (within 3 years)-120 days.