CONSEQUENCES AND DEFENSE OF SPEEDING TICKETS IN WISCONSIN FOR WISCONSIN DRIVERS

CONSEQUENCES OF SPEEDING TICKETS IN WISCONSIN

When a Wisconsin driver receives a speeding ticket they may instinctively look at the top right hand corner of the ticket and see the fine or deposit amount and then make a quick decision to immediately pay that amount to close out the case. In every case this is a mistake that can cost the driver and possibly their family hundreds if not thousands of dollars in immediate and future additional expenses as well as potential suspension of driving privileges for multiple offenses. Lets discuss some of these consequences to Wisconsin drivers in greater detail:

INCREASED INSURANCE PREMIUMS FOR WISCONSIN DRIVERS FOR ONE OR MORE CONVICTIONS

Without a doubt for most Wisconsin drivers this is the most serious and underestimated consequence of just one speeding conviction, regardless of the level of speed. Although fluctuating insurance rates are not legal issues they most certainly can impact my clients in a significantly negative way. To address the important concerns of my Wisconsin clients I recently researched and published a article on the direct and immediate consequence and impact of speeding convictions on insurance premiums that can be accessed by clicking here: How speeding convictions directly increase insurance premiums

Just a few months after publishing my initial article I located an additional newly updated resource specifically adressing the concerns of Wisconsin drivers with increased insurance premiums: Impact of speeding convictions on insurance premiums for Wisconsin Drivers This article indicates that Wisconsin drivers can expect increases of 18%-21% for just a single speeding conviction. These percentages are drawn up based on a single adult driver. They do not account for the common scenario of a teenage driver that may be on a parent's policy receiving a conviction that will be counted against the parents insurance premiums.

It is clear that increased insurance premiums are the number one consequences Wisconsin drivers face with speeding convictions. It is also worth noting that per the Wisconsin Department of Transportation website these convictions will remain on a Wisconsin Driver's record for 5 years, which the insurance company will continue to see:

How long does a conviction stay on a record?

Most convictions on a driving record are eligible to be removed five years after the conviction date. Alcohol related convictions stay on the record indefinitely. As long as a conviction remains on a driving record, the points associated with that conviction remain available to determine if a person has accumulated 12 or more points in any 12-month period. The violation dates, not the conviction dates, determine point accumulation.

When I take on a Wisconsin Driver Speeding Ticket case I am always going to be seeking the greatest reduction possible to eliminate or mitigate the serious consequence of increased insurance premiums for Wisconsin Drivers. 

WISCONSIN POINTS SYSTEM

Wisconsin driving privileges are governed by the Wiscosin Department of Transportation points system. The dpecific breakdown of points and how they are calculated and counted may be found by clicking here: Details of Wisconsin License Points System

In general a Wisconsin speeding ticket conviction will result in 3-6 points being counted against a Wisconsin driver. The amount of points assigned depends on the speed level or severity of offense. For example "Reckless Driving" is a 6 point offense whereas "Speeding 1-10 mph" would be a 3 point offense and "Parking Where Prohibited" would be a 0 point offense. You can generally find the number of points you are facing with your citation on the top right hand corner of the ticket next to the deposit or fine amount. Notice the heading will read "estimated points". The final determination of the points, if any, that will be assigned against a license if any is decided only after the case is closed with a conviction on the same or reduced charge or a dismissal. In addition to the insurance consequences for speeding convictions we discussed previously there are specific additional sanctions from the Wisconsin Department of Transportation for the accumulation of 12 or more points:

Courts report all traffic convictions to the DMV. The violation for which you were convicted and the license type you hold at the time of conviction determines the number of points assessed on your driving record. If you hold a probationary driver license, instruction permit, or have no license, you are assessed double demerit points on the second and subsequent convictions. The more demerit points you have accumulated, the more severe the penalties. The violation date (not the conviction date) determines whether you have accumulated 12 or more points in any 12-month period.

If you have a probationary driver license, instruction permit, or have never been issued a license:

• 12-30 points results in a 6-month suspension
• More than 30 points results in a 1-year suspension

If you have a regular driver license or commercial driver license (CDL):

• 12-16 points results in a 2-month suspension
• 17-22 points results in a 4-month suspension
• 23-30 points results in a 6-month suspension
• More than 30 points results in a 1-year suspension

It is also important to note that the Wisconsin Department of Transportation also allows Wisconsin drivers to complete a traffic safety course independent of any court at any time once every three years in order to reduce or eliminate up to 3 points from their Wisconsin driving records. The reduction of points is however only for points a driver has already accumulated on their record for past convictions. You cannot reduce the points assigned on a new pending ticket. Unlike other states that order a driver to complete a traffic safety course as part of their sentence, Wisconsin allows drivers to schedule and complete this course on their own timeframe to reduce exosting points. The specifics of how to register for traffic safety school can be found here: Wisconsin Traffic Safety School

HOW DOES RICHARD ALBANESE DEFEND YOU ON YOUR WISCONSIN SPEEDING TICKET?

I represent clients of all ages and circumstances with different traffic backgrounds and specific needs. For many clients this may be a first ticket scenario while others may have multiple violations and are facing a suspension of their Wisconsin driving privileges. I treat each client with the respect of an individualized approach and specific attention to ensure the best result possible. In order to provide a better understanding of my representation I provide an outline below of my process of defending Wisconsin drivers:

FREE INITIAL CONSULTATION AND REVIEW OF CLIENT'S CITATION, TRAFFIC RECORD AND COURT JURISDICTION 

You can contact me through my website contact form or call me directly at 312-882-1973 to initiate a free consultation. During this consultation I will review with you the most important factors that will predict the most likely outcome of your case with my representation. These factors include but are not limited to:

• Facts, circumstances and severity of the speeding ticket or traffic violation
• Is there more than one traffic citation?
• Are there other documents that must be obtained to assist in securing the best outcome?
• Is the speeding ticket or traffic violation being heard in a Wisconsin Circuit Court or a village, town, city or other municipal or joint municipal court?
• If the ticket(s) is in a Wisconsin Circuit Court has it been assigned a case number(s) by the Clerk of the Circuit Court to allow my Electronic Filing?  
• Does the driver have a clean record or are there prior speeding or traffic violations?
• Is this a pending speeding ticket or citation with an active court date or a conviction that needs to be reopened?
• Review of attorney retainer fee and potential court costs
• Addressing any and all additional individual client concerns or questions that may arise concerning the representaion or potential outcomes

INITIAL FILING AND COURT APPEARANCE OR SCHEDULING OF PRETRIAL CONFERENCE

Once retained I will confirm receipt of your citation(s), attorney fee payment and then file my required papers on your behalf electronically or by direct email to the respective court where your case is pending. I must file my papers in your case in advance of the initial appearance date and time located at the top, middle section of your citation. If you have already paid the citation or missed the initial court date before hiring me do not give up hope as I can usually file a motion with the court to reopen your case within 6 months of a conviction. After filing my initial "Notice of Retainer and Not Guilty Plea" document on your behalf the court will confirm my filing in their records to reflect you have a attorney defending your case. In some limited circumstances, depending on the jurisdiction, I can resolve a Wisconsin speeding ticket or other traffic violation on or before the initial appearance date. My clients do not need to take off work or attend traffic court. In most cases a pretrial conference is scheduled by the court designating a specific time after the initial appearance date for me to speak to the assigned prosecuting attorney regarding resolving the case in your favor. Once I am retained you will generally have no futher contact with the court until the case is concluded. 

PRETRIAL CONFERENCE NEGOTIATION 

If your case is not resolved on or before the first court date I will negotiate with the prosecutor for a reduced point offense on the court designated pretrial date. If there is more than one charge there may be a scenario where one or more charges are dismissed in exchange for a plea to the remaining lesser ticket. You will not have to attend the pretrial date or any court date in this process. If I secure the disposition we discussed I will enter a verbal or written stipulation on your behalf thereby reducing the charge. The final step is for the Prosecutor to submit the negotiated agreement to the Judge presiding in the court for approval. 

CASE CLOSURE AND PAYMENT OF REDUCED TICKET

Once I receive confirmation that the judge has approved the agreement (1-10 days after pretrial conference) I will then forward you (via email) a copy of the paper court order with payment instructions or a direct link to pay your citation online and print out the final disposition if you choose to do so. I request confirmation of this final case closure email to ensure you have received the communication. If your citation is assigned to a Circuit Court (Generally a ticket issued by a County Sheriff or Wisconsin State Police) I will refer you to the Wisconsin Circuit Court access site to track the progress of the ticket and to pay the final resolved ticket amount. You can use this direct link to search for any tickets you have recorded in the Circuit Court system through a name search here: Wisconsin Circuit Court Ticket Search If your case is pending in a village, town, city, municipal or joint municipal court it will never be entered in the Wisconsin Circuit Court databasae, but it will be reported to the Wisconsin Department of Transportation electronically after the case is closed.

I hope I have answered any questions you may have about your Wisconsin Speeding Ticket or other Traffic Citations. If you find yourself with a citation please contact me as soon as possible for a free consultation to weight your options and hopefully avoid any further exacerbated negative consequences. I can be reached directly at 312-882-1973 or by email at [email protected] or through my client contact form on this website.