Beating speeding tickets in Wisconsin 3 fight tactics lawyers use to reduce/drop charges

Wisconsin Traffic Violation Defenses

Speeding tickets are an easy way for municipalities to make money. Most people travel over the speed limit to varying degrees anywhere from 1 or 2 mph above the speed limit, to upwards of 15 mph or more above the speed limit. Independent of where you fall on that spectrum, an officer can pull you over for speeding.  With that ability to pull you over come the penalties that are attached to a speeding ticket.  

There is a fine, court costs, points, and how it can affect your insurance rates.  Those are all real tangible penalties that you are facing with a simple speeding ticket. The initial financial burden with a speeding ticket is listed on your ticket itself, it is the fine attached to the speed over the limit that you were traveling plus the court costs associated with the ticket.  That financial obligation will vary from place to place simply because they are different places. Each municipality can charge what they want, within a range, as a fine for the ticket, and on top of that, each municipality has its own court costs associated with the ticket. 

You can find yourself getting a ticket for 11 mph over the limit traveling in Milwaukee and your ticket amount will change depending on if you were pulled over by the Milwaukee Police Department or the Milwaukee County Sheriff’s Department. Being pulled over by MPD will lead your case to be in Milwaukee Municipal Court and the Sheriff will lead your case to be in Milwaukee County Circuit Court. 

However, simply because you have been issued a ticket does not mean that you must be convicted of it.  With an experienced attorney, there are a number of resolutions that can take place, which range from getting your ticket reduced, and as to points, to have the ticket amended to a different traffic violation, such as a parking ticket.  Additionally, there are defenses that may be available to you to get your speeding ticket dropped so that you are not facing any charges.

Possible defense 1: Not Speeding

There are times when you simply are not speeding, but an officer pulls you over anyway.  Whether the officer is guessing or those around you are traveling slower.  Either way, if you are not speeding then you should not be given a ticket nor convicted of the ticket.  Unfortunately when it comes down to simply your word versus the officer’s word, all of a sudden things get murky and navigating this landscape is what an attorney can do for you even in a situation when you were not speeding.

Possible defense 2: Not your vehicle

When an officer is using radar in order to determine a vehicle’s speed the officer must successfully ping the correct car.  If your car is traveling in traffic, that can become more difficult and it opens up the possibility that you were not the offender.  Like arguing that you were not in fact speeding, this argument is best made with an attorney.  The officer is likely to testify that he or she did not make a mistake the radar was correctly attributed to the correct vehicle.

Possible defense 3: Radar not calibrated properly

Like most instruments, a radar must be maintained and calibrated correctly for the results produced by that radar to be considered accurate.  An attorney can request the records associated with the unit that the officer was using and based on those records there we can argue on your behalf that the result was inaccurate and unreliable.  If the unit was not maintained correctly, a judge would have a much more difficult time finding that the city attorney has met their burden of clear and convincing evidence.

And more. An experienced attorney may be able to draw out possible defenses from the specific facts of your case. Do-it-yourself defense & begging for mercy are technically valid tactics. But if you’re at a point in your life where the points off your license will create severe negative consequences, then an experienced attorney is your best option. Initial phone consultations are free. Didn't have your driver's license? Learn about penalties for driving without a license.

How Do Driver License Points Work in WI?

Accumulating points on your Wisconsin driver's license can lead to consequences like suspension or revocation, increased insurance premiums, and extended probationary periods, particularly for probationary license holders. Points are assigned for various traffic violations, and their impact can vary based on the severity of the offense. Wisconsin offers a point reduction program that allows drivers to remove three points by completing an approved traffic safety course once every three years. To avoid these consequences, it's crucial to drive safely, obey traffic laws and consider legal options when facing violations.

According to the State of Wisconsin Department of Transportation, when you accumulate 12 or more demerit points within a 12-month period, your driving privilege is suspended. 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 regular driver's license or commercial driver's 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

How to Get Points Back on Your License

​You may reduce your point total by three points for attending an approved traffic safety course.​ If you are already suspended for accumulating too many points, and if your point total is 12, 13 or 14 points, your suspension may be released after taking the course. Only one reduction is allowed in a three-year period.​​

How to Ask for a Speeding Ticket Deduction

In Wisconsin, a reduction in a traffic ticket is not guaranteed. Instead, it hinges on negotiations between the defendant and the prosecutor during the initial court appearance. Nevertheless, there is an opportunity for a payment arrangement if the defendant personally appears to formalize an official agreement.

Insurance Rate Increases From Traffic Violations

While specific rate increases vary significantly, here are some approximate percentage ranges for insurance rate increases due to a single speeding ticket:

Minor Speeding Ticket (5-10 mph over the limit): An increase of around 20% to 30%

Moderate Speeding Ticket (11-20 mph over the limit): An increase of about 30% to 40%

Severe Speeding Ticket (21+ mph over the limit): An increase of 50% or more