Court Appearances

The court date on the citation is your Initial Appearance. Unless “Appearance Required” is checked “yes” on your citation, you do not have to appear if you use one of the non-contesting plea options available to you. If you elect to contest (dispute) the matter, you will be required to appear for a Pretrial and the Trial. Contested matters cannot be heard at the time of the Initial Appearance.

The following are criminal traffic charges that require that you be present at the time of the Initial Appearance as noted on your citation. An arrest warrant will be issued if you fail to appear for a mandatory appearance.

• Operating while under the influence of an intoxicant or controlled substance.
• Reckless driving; 2nd or greater offense.
• Operating after revocation; 1st or greater offense.
• Hit & run; death, injury or property damage of $200 or more.
• No valid driver’s license; 2nd or greater offense.

Traffic and forfeitures are held at 10 AM on Monday mornings as indicated on the citation. Court dates cannot be changed. If you are unable to attend a non-mandatory appearance, you can enter your plea in writing by mail or fax. This must be received 2 business days prior to your court date.

Pleas and Plea Options

Types of Pleas

• Not Guilty: This denies the allegation.
• Guilty: This admits the allegation.
• No Contest: Permits the court to find you guilty without an admission of guilt.

Plea Options

If you do not want to contest the charge:

• Send a copy of your citation(s) along with the deposit amount before the initial appearance.
• No Payment or Appearance: If you do not submit payment prior to your initial appearance or fail to appear, a plea of no contest will be entered. The forfeiture will be imposed and you will be given 30 days to have the fine paid in full.

If you want to contest the charge:

• Plea By Mail Or Fax: If you want to plead “Not Guilty” and not appear at the initial appearance, you can enter that plea in writing and send it to the addres listed on your citation prior to the initial appearance date. A “Not Guilty” plea will not be accepted by telephone.
• Type of Trial; Criminal Charges: If charged with a criminal-traffic offense, you have the right to have a jury trial without the payment of any fee.
• Type of Trial; Civil Charges: Most traffic matters are civil in nature and any trial would be to the court (the judge). If you request a trial by jury, you are required to post a non-refundable $36.00 six-person jury fee within ten days of your initial appearance. (All jury trials in forfeiture cases are before a 6-person jury.)

If you fail to do any of the above and do not appear at the “Initial Appearance” a default judgment will be entered against you and the forfeiture imposed. This does not apply to “Mandatory Appearances.”

Payment

Default judgments due to non-appearance require payment to the courts within 30 days with no extensions. Failure to pay in the time allowed will result in a 2-year suspension of license. You may contact our Collection Specialist at 715-261-1132 if you are unable to pay the full amount within 30 days to see if you qualify for a payment plan.

The dollar amount written on your ticket is a combination of a forfeiture and numerous surcharges and fees. These fees and surcharges are added to your ticket according to Wisconsin Statute. The forfeiture for an offense is a relatively small part of the total penalty that you must pay. For example, if you received a speeding citation, the minimum forfeiture for this offense is $30. Based on the Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Table (effective March 4, 2019), the forfeiture ($30) as well as the fees and surcharges ($145.30) total $175.30 This would be the amount that the officer is required to write on your ticket.

Mandatory Loss of License

Court Ordered

The following violations, upon conviction, may or shall result in a required suspension or revocation of your driver’s license:

• Speeding 25 MPH or more over the limit on the open road.
• A refusal to take an offered test for intoxication, unless upon a timely request the court would find such refusal to be reasonable under the law.
• Operating while under the influence of an intoxicant or drug.
• Misrepresenting age to procure intoxicants or conviction of person under 18 of possessing or consuming intoxicants.

The court also has the inherent authority to suspend or revoke a driver’s license for any violation of the traffic laws depending upon the severity of the offense.

Department of Motor Vehicles

The following violations, upon conviction, will result in a mandatory loss of your driver’s license by the Division of Motor Vehicles (DMV).

• Homicide by reckless conduct, negligence with a motor vehicle or intoxicated operation of a motor vehicle.
• Operating while under the influence of an intoxicant or drug.
• Conviction of a felony in which a motor vehicle was involved.
• Hit & run from an accident resulting in death, personal injury or serious property damage.
• Perjury, false statement or false statement submitted to DMV.
• Operating after revocation.
• Operating vehicle without filing statement of financial responsibility when required to do so.
• Conviction in another state of a violation, which, if committed in Wisconsin, would result in a revocation or suspension.
• Conviction of any traffic violation that results in an accident causing the death of another.
• Conviction of altering license, loaning license to another, fraudulently using a license, or permitting another to fraudulently use license.

The WI statute gives the DMV the authority to suspend or revoke driver’s license.

Demerit Point System

Assessment of Points/Loss of License

Most moving traffic violations will result in demerit points assessed against the driver’s record. The points are established by law and based upon the seriousness of the offense. 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 DMV will assess the number of points against your record, depending upon the charge. Your citation should tell you how many demerit points would be assessed for that offense at the top and near the center. If you are uncertain, ask the court commissioner or judge at the time of your court appearance. Points will double for all second and subsequent offenses for those with a Probationary License. If you accumulate more than 12 points in a year, the DMV will suspend or revoke your driver’s license.

Point Reduction Traffic School

You can have your points reduced by attending an approved traffic school. However, it must occur before a new conviction and no more than 3 points will be restored. You can do so only once every five years and the reduction cannot apply if the current violation results in a revocation for operating while under the influence.

Questions regarding your driver's record can be directed to the Department of Transportation Wausau office at 715-359-6981 or the Madison office at 608-266-2261.

Resources

• Check Driving Reinstatement Eligibility
• Wisconsin's Drunk Driving Law