What are Wisconsin Traffic Court Records?

Wisconsin traffic records refer to all legal documentation and case files created as traffic court proceedings in Wisconsin. Under the Wisconsin Motor Vehicle Code, records pertaining to moving violations, non-moving violations, and civil and criminal traffic offenses may be included in this designation.

Are Wisconsin Traffic Court Records Public Records?

As is the case with proceedings in courts of public record, Wisconsin traffic court records are covered by the Wisconsin Public Records Law and, as such, are available to members of the public. The only exemptions to this are records deemed confidential, either by law or court order.

Which Courts in Wisconsin Have Jurisdiction to Hear Traffic Violation Matters?

Wisconsin traffic violations and infractions are tried in Wisconsin Municipal and Circuit Courts. This depends on the circumstances, such as the location of the violation and the statute/ordinance deemed to have been violated. State statutes may be heard in Wisconsin Circuit Courts, while violations of local ordinances may be heard in municipal courts.

Getting a Traffic Ticket in Wisconsin

In Wisconsin, motor vehicle operators deemed to have violated rules of the motor vehicle code by a law enforcement officer are issued a ticket to cite for the violation. The ticket, referred to as a Uniform Traffic Citation (UTC) form, is a computer-generated long form that represents the officer's sworn statement about the incident as observed by the officer. Each citation may be resolved by court action. The officer completes the citation and may detail the alleged offender's information, including full name, date of birth, address, height, weight, and sex. Information about the offender's license and details of the vehicle involved in the alleged incident may be contained. The location of the incident, along with the time and date, may also be on the citation. The officer may add a description of the violation and the law/statute/ordinance deemed to have been violated. The officer may include his name and ID number. The officer may also indicate if a court appearance may be required to respond to the citation, the date and time of appearance, the location of the designated court, the fine amount due for the violation, and the estimated number of demerit points that come with a conviction. Other relevant court and demerit point information can be found on the ticket's reverse side.

Traffic tickets in Wisconsin are considered to be strict liability offenses. Strict liability is a standard where the offender is legally responsible for the consequences resulting from the offense, regardless of fault or if there was criminal intent. Essentially, this means that if there is proof you committed an act, such as a citation from a law enforcement officer, the law can be enforced without further process.

Wisconsin traffic violations can be criminal or civil. Criminal offenses are typically misdemeanor offenses (except where a felony was committed) and could include jail time and fines. Civil offenses are forfeitures that generally come with only fines. Wisconsin considers DUI/OWIs, for the first offense, to be civil forfeiture and not a criminal offense. All traffic violations can be classified as moving and non-moving violations. Moving violations refer to offenses carried out by a vehicle in motion. Non-moving violations generally happen with vehicles not in motion or vehicles with faulty or broken equipment. Moving vehicles can be cited for Non-moving violations. This may, however, be treated differently in the courts. Non-moving violations are not reported to the Wisconsin Department of Motor Vehicles and may not show up on your driving record.

All traffic violations come with a fine and demerit points on the offender's driving record; some may come with jail time. Fines may differ by location and court. You may also be assessed with ticket fees depending on the violation and license type. Wisconsin operates a demerit points system, and points stay on your record for five years or longer, depending on offense type. Accumulating 12 points or more in 12 months may lead to losing driving privileges for up to 6 months. Accumulating 30 points or more may result in a 1-year suspension.

What to Do When You Get a Traffic Ticket in Wisconsin?

If you receive a traffic citation in Wisconsin, a response is required and may be made by the court date indicated on the ticket. Failure to respond to a citation results in a guilty verdict against you and the imposition of applicable maximum fines and penalties. You can choose to either:

• Pay the traffic ticket
• Dispute the ticket

Opting to pay the fine represents a guilty plea in the eyes of the law. This may represent your acceptance of the charges against you. It also indicates an agreement on your part to accept and cover all fines, fees, and penalties. A report may be sent to the DMV, and demerit points may be issued to your driver's record. You have also waived your right to contest the ticket in court.

• Unless a court appearance is required, you can pay the fine before the court appearance date indicated on the ticket. Payment can be made in person, at the court clerk's office before the appearance date or your court appearance, on the website of the court and by mailing the amount with citation details to the court your payment may be received by the court date to eliminate the need for a court appearance.
• If a court appearance is required, then you may appear on the court date to enter your plea and settle your fines.

Contesting a Traffic Ticket in Wisconsin

Opting to dispute the ticket represents a not guilty plea and an affirmation of your right to contest the ticket in court.

• To dispute the ticket without having to make your court appearance, you can send a not guilty plea by mail to the court. It may be sent before the scheduled court date and included should be a copy of the citation (or the citation number), your name and mailing address. A pre-trial notice to appear may be sent to notify you of your new court date.
• If you have to make a court appearance, then you may do so to enter your plea and have the pre-trial hearing set. It is possible to meet with the prosecuting attorney and see if a plea bargain can be reached. If not, then a trial date may be set and you should consider retaining an attorney's services.

What to Expect in Wisconsin Traffic Court

• If you are found not guilty at trial, then charges against you are dismissed and you are released of all fines, fees, and demerits, however, court costs are still applicable.
• If you are found to be guilty at trial, then you may be obligated to pay all fines, fees and any other charges and penalties imposed by the court, including court costs. Demerit points may be also added to your record.

Reducing demerit points applicable by taking a court-approved traffic safety course is possible. Successful completion of the course may result in up to a 3-point reduction. You may be required to be eligible, under Wisconsin DMV requirements, to take the course and can only take it once in 3 years.

How Do I Find Wisconsin Traffic Court Records?

Traffic court records may be found on the websites of the court where the cases were heard. You can access the records online by following the requisite instructions. Otherwise, you can visit the office of the court's clerk in person and make your request. Court charges may be applicable if you need copies of the record. Requests for records are subject to verification of the requesting party's identity.

Publicly available records are accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching specific or multiple records. To find a record using the search engines on these sites, interested parties may provide:

• The name of someone involved, providing it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites, and record availability may differ from official channels.

What Information is Required to Obtain Wisconsin Traffic Court Records?

To obtain traffic court records, information about the record being sought may be needed. This may include the full name, date of birth, and the case number of the record. Other information might be required. The person requesting the record may also need to provide information, including a full name and a valid form of identification. Depending on the scope of the request, there might be applicable court fees, which may be paid before the release of records.

Can Wisconsin Traffic Records be Sealed or Expunged?

Wisconsin laws are very strict and allow for the expungement of adult criminal records in very limited circumstances. To be eligible for an expungement,

• You are required to have been under the age of 25 at the conviction
• Offense convicted for carried a maximum sentence of 6 years
• You have completed all the obligations of your sentence.

A request for expungement may have been made at the time of sentencing, and the court may have reached a decision at that time. It may also be possible to expunge your records if you were arrested but released without charge or if the charges were dropped or dismissed. There is no authority to expunge traffic forfeitures or civil cases.

How to Prepare for Traffic Court in Wisconsin

In Wisconsin, preparing for traffic court involves familiarizing yourself with the details of your citation and the relevant state statutes. It may involve:

• Understanding the potential penalties, including fines and license points
• Consulting with a traffic attorney who can provide legal advice and representation
• Collecting any evidence or documentation that supports your case, such as witness statements or photographs
• Possibly negotiating a plea bargain with the prosecutor if it is likely to impact potential penalties/sentences