My question involves traffic court in the State of: Wisconsin
Okay so I turned 18 last September and my as far as my driving record goes I have 2 tickets from a little over 12 months ago, one for speeding 1-10mph over and one for driving too fast for conditions. Its now been over 12 months and my points are now reset to 0 and I've just got a ticket for speeding 26 over on a highway/freeway. The posted speed limit was 65 mph and the county sheriff was sitting on the on ramp and caught me going 91 in the right lane. The reason for me driving that speed was because I was getting off at the exit after where the sheriff was sitting (approx half a mile) and there was a semi in the right lane so I sped up to get around him. As a result I was clocked going 91 mph and this is the part that got me really ticked off. So I as I come over the hill at around 90mph and I see the sheriff, I know I'm done so I slow down and get to the far right lane. He immediately peels out and turns on his red/blue lights and is a little ways behind me. Keep in mind the exit I was intending to get off at is coming up in less than half a mile (I'm already in the lane to exit the freeway). So now that I'm in the lane to exit the freeway the sheriff catches up to me and gets right behind me and I turn my right turn signal on to let him know I see him and I'm pulling over. I drive for maybe 10-15 seconds until the exit lane turns away from the highway and I pull over immediately on the shoulder of the off ramp. Keep in mind it's just starting to snow (main reason for me waiting to pull over on the off ramp). Now I'm officially stopped on the shoulder of the off ramp and I turn my car off and put my hands on the steering wheel and the cop comes up to my window and asks me "What's the reason you were driving so fast?". Being only 18 and not knowing much about the law I reply "I was trying to get around a semi so I could get off at this exit". He responds to me "There's no reason for you to be driving 91 mph". Then he asks "What took you so long to pull over?" I respond "I was getting off at this exit and its starting to snow so I thought it'd be safer than pulling over back there". Then he asks for my license reg and insurance. I give him what he asks for and he returns to his car. A few minutes later he returns then he says something about how I should take my car to the track if I have the "need for speed". He then hands me two tickets. One ticket for SPEEDING ON FREEWAY (25-29 MPH), $301.30, Ordinance Violated KC7, Adopting State Statue 346.57 (4) (gm), and estimated 6 points and he also wrote "Mandatory 15 day suspension upon conviction" on the ticket. The second ticket was for FAILURE/OBEY TRAFFIC OFFICER SIGN/SIGNAL, $175.30, Ordinance Violated KC7, Adopting State Statue 346.04 (1), estimated points 3. Also, my license is still probationary so I believe both these tickets will double in points since this is not my first violation therefore putting me at 18 points from these two tickets (12 points = suspension + 15 days for speeding 26 over). I'm definitely going to court but I am not sure exactly what I should do. Should I plead guilty and ask for a lighter sentence and hopefully get some points knocked off and no suspension? I don't know how this all works I went to court last time with my dad and got 1 point taken off my ticket for going 1-10 over and I plead guilty. I don't have money to hire a lawyer, I might call and ask for my court date to be pushed to a later date. My court date is for the 19th of February 2014. I feel like I shouldn't have gotten a ticket for waiting until the exit to pull over and I feel like if I plead guilty for that ticket I'm just suckering up to pay them big bucks for no reason. I still go to High School and I'm also taking classes at a community college, on top of that I work 20 hours a week and I volunteer on Sundays so I have to drive myself around 7 days a week so I can't afford to lose my license. My main issue hear is, should I plead guilty and if I do what exactly should I say when it's my turn to speak to the judge in the court room? Please help me I don't know what to do! I haven't told my parents about it because they are going to kill me for getting another ticket. I'm so afraid any advice would be appreciated!
Speeding 25-29 MPH Over in a 65 MPH Zone
Printable View
-
02-07-2014, 02:58 AMyoungspiffySpeeding 25-29 MPH Over in a 65 MPH Zone
-
02-07-2014, 12:27 PMDisagreeableRe: Speeding 25-29mph Over in a 65 MPH Zone
Really, you do not deserve a license if you do not understand the appropriate response was to pull behind the semi and wait your turn without breaking any law. I suggest you hire a lawyer.
-
02-07-2014, 01:52 PMThat GuyRe: Speeding 25-29mph Over in a 65 MPH ZoneYou can read 346.04 in its entirety HERE and you can read 346.57 in its entirety HERE (I'll only post the relevant subsection(s))Quote:
Quoting youngspiffy
346.04 Obedience to traffic officers, signs and signals; fleeing from officer.
....
(2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer or marked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits.
346.57 Speed restrictions.
....
(4) Fixed limits. In addition to complying with the speed restrictions imposed by subs. (2) and (3), no person shall drive a vehicle at a speed in excess of the following limits unless different limits are indicated by official traffic signs:
....
(gm) Sixty-five miles per hour on any freeway or expressway.
For the 346.04, you are free to argue that you decided to wait until you were off the freeway because you thought it was safer. However, I doubt the intent behind that language in the statute implies it is up to you to decide where it would be safe to stoop. I think it relates more to not promptly stopping in the left lane, for example. The way I would go about it is I would pull over immediately, and let the officer make the decision whether he want me to stay there or whether he wants me off the freeway completely. In addition, as it relates to your description, I'm also guessing the officer's version might indicate a longer delay than the 10 - 15 seconds you specified. Your statement does actually indicate that at the time you saw him come after you, you were a half a mile of so from the exit. If you had presumably slowed down to 65 -or just to make the calculation easier, let us assume 60 mph-, then it took you 30 seconds to reach the exit afterwhich you pulled to the right and stopped. That is twice as long as you had indicated. Of course your distance estimate could be off as well.
As for the speeding, for future reference, you might want to review paragraph (4) Fixed limits and memorize those because those are statutory limits that you cannot exceed under any circumstances. You should also review subparagraph (2) which states:
(2) Reasonable and prudent limit. No person shall 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. The speed of a vehicle shall be so controlled as may be necessary to avoid colliding with any object, person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and using due care.
And when you are driving in the snow, driving at the maximum speed limit that you would drive at during clear weather and dry pavement is neither safe nor prudent. Under such conditions and if you were to slip, slide, spoin out or try to stop but are unable to and crash into someone, you would likely be founf at fault and you would get citred for "driving at an unsafe speed"...
Back to the current situation, this is not just any 91 in 65.... It is 91 in 65 IN THE SNOW - IN FREAKING WISCONSIN. Did the cop mark any notes regarding road conditions on the citation? Assuming Wisconsin laws and procedures allow for any sort of reduction, your high speed and with road conditions being what they were at the time, this will in my opinion will likely limit your ability to negotiate any plea deal... But again, you are free to try.
I am not familiar with Wisconsin court proceduires byt criminal matters are usuall yhandfled in a way where you firts appear in court for your arraingment, which is where you either enter a plea of not guilty and request a trial, or you would plead guilty and pay the fines or the middle ground would be for you to try and negotiate a plea deal. The way you describe things in your post:
I think you are fooling yourself to expect all that. With your speed, with road conditions, with you admitting that you were speeding so you could pass a semi, you really have ZERO bargaining power on the speeding citation...Quote:
Quoting youngspiffy
I am not saying to plead guilty; then again, if you get offered a deal, it does involve you pleading guilty to something, and I don't see you getting that great of a deal.
Good luck anyways... -
03-19-2014, 06:58 PMyoungspiffyRe: Speeding 25-29mph Over in a 65 MPH Zone
Thank you everyone for your advice. I'm back with some updates. I called the court office and had my court date pushed back 2 months, and explained to the court official over the phone my situation. She told me over the phone that one of my tickets (Failure to Obey Traffic Officer Signal) will likely be thrown out if I do appear in court. She took notes on my current situation (with school etc) and told me that her and the jury would figure something out with me on the court date. Fast forward 2 months: this morning I went into the court room sat and waited for 20 minutes before checking in and talking with the court official I spoke with over the phone. I again explained me situation with her and she said she will talk with the jury. 30 minutes later my name is called and I walk up to the podium. The jury states "Are you (my name) and how do you plead?" I respond "That is correct, I plead guilty your honor". The court official then leans over to the jury and they discuss something for a minute while the crowd of people behind me sit in confusion. The jury then says "Okay (my name) we're going to dismiss the violation for Failure to Obey a Traffic Officer's signal. For the speeding violation we're going to reduce the points from 6 to 4 points and the fine will also be reduced to $187.90. (my name), you need to take it easy or you're going to lose your license" I respond by saying "Thank you your honor". I then sit down and sign a document and I'm given my new ticket, head downstairs, pay the fine, and walk out with $187.90 less and 8 points on my license (doubles for probationary). I'm so relieved I've gone months in constant fear of losing my license. But now it's all dealt with and settled and I'm a free man!
-
03-20-2014, 07:08 PMThat GuyRe: Speeding 25-29mph Over in a 65 MPH ZoneQuote:
Quoting youngspiffy
She specifically told you she would speak with the jury?
Quote:
Quoting youngspiffy
And then you plead guilty which was followed by the judge dismissing one if your violations?
And not only did the jury dismiss one violation, and reduce your fine, but he also changed the point structure for the speeding violation?
I am feeling ashamed for you!!!