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  1. #1
    Join Date
    Oct 2016
    Posts
    11

    Default Can an Officer Serve You With a Ticket Outside of His Jurisdiction

    My question involves a traffic ticket from the state of: Wisconsin
    State statute 346.57(5) is listed. Speeding (RADAR).

    My initial question is whether there is a procedural violation in service. I was informed that the officer had a call to attend to, did not give me a citation, and informed me I would receive one via mail instead. I inquired if this was standard procedure, was told yes (I wouldn't expect an answer to the contrary anyway). Where this becomes more curious, is he proceeded to later come to my home which is outside of his jurisdiction, after a few hours passed, and provide me with a citation at that time. Was this delivery (again/especially for something like a speeding ticket) legal? It was most certainly incredibly off-putting and had a very prejudicial feel, regardless.

    Moving onward from that, I'm trying to determine how the court process works in Wisconsin. I have had no prior incidents here here and have had problems finding pertinent information. I've thoroughly read through the forums, have looked at the few cases I could find for my state, and have read many other threads about the various processes used by others to build a defense for a radar ticket.

    My case is being handled in a municipal court that serves multiple cities in a few counties. The date of the citation was back in mid-August. The plea date is in a few days, and the website for one of the municipalities states that notice will be given about two weeks after the plea date of a pre-trial conference scheduled for the following month. This leaves an incredibly long time between the ticket and any potential court date. Can anyone clue me in to whether tickets like this are civil or criminal in Wisconsin, and if there is any particular right to a speedy trial?

    Moving onward from that second procedural question, so far I've not been able to determine if I will be allowed discovery (or to what extent) in this type of case either. Again, I've seen that some states do and others try to suppress this opportunity (maybe why some have to attempt trial-by-ambush?).

    Finally, I haven't found any information whether WI utilizes deferred judgement (which I also have read about on the forums).

    I greatly appreciate any information or advice that anyone can provide. I figure that once I address these preliminary questions I can proceed with discussing trial strategy and process, if necessary.

  2. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Can an Officer Serve You With a Ticket Outside of His Jurisdiction

    You will find most of your answers if you study Wisconsin Chapter 800 Municipal Court Procedure

    Quote Quoting xZapx
    View Post
    My initial question is whether there is a procedural violation in service. I was informed that the officer had a call to attend to, did not give me a citation, and informed me I would receive one via mail instead. I inquired if this was standard procedure, was told yes (I wouldn't expect an answer to the contrary anyway). Where this becomes more curious, is he proceeded to later come to my home which is outside of his jurisdiction, after a few hours passed, and provide me with a citation at that time. Was this delivery (again/especially for something like a speeding ticket) legal? It was most certainly incredibly off-putting and had a very prejudicial feel, regardless.
    The rules appear to require that he personally serve the ticket which is probably why he came to home rather than mail it. He was “personally serving the summons upon the defendant either within or without this state” per 801.11(1)(a).

    Also I noticed the following:
    Quote Quoting Wisconsin 800.01(2m)
    The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.
    I would check the court’s copy to see if the method of service was properly noted.


    Quote Quoting xZapx
    View Post
    Can anyone clue me in to whether tickets like this are civil or criminal in Wisconsin, and if there is any particular right to a speedy trial?
    Quote Quoting Wisconsin 345.45
    Burden of proof. The standard of proof for conviction of any person charged with violation of any traffic regulation shall be evidence that is clear, satisfactory and convincing.
    I’m not sure about a right to speedy trial but to further investigate you can study all the rules. Somewhere while reading I saw 90 days and that would be November so probably they are not exceeding time limits.

    Quote Quoting xZapx
    View Post
    so far I've not been able to determine if I will be allowed discovery (or to what extent) in this type of case either.
    Quote Quoting Wisconsin 800.07
    Discovery in municipal court. Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves for pretrial discovery within 30 days after the initial appearance in person or by an attorney, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The defendant may move for pretrial discovery at any other time upon a showing of cause for that discovery.
    This should get your started anyway. If I find more I’ll post again later.

  3. #3
    Join Date
    Oct 2016
    Posts
    11

    Default Re: Can an Officer Serve You With a Ticket Outside of His Jurisdiction

    Thank you! I'll definitely be reviewing that chapter of the law. The ticket says "In Person" which is what I presume it would also say if served at the location of the traffic stop. I can check the court copies, but I suspect it will just be a copy of the exact citation in my possession?

    I'm glad to see that the burden of proof is actually higher than a preponderance of the evidence. I don't fully know what this means for a trial, but regardless I imagine it is a good thing. For example, if I challenge the calibration, it would require more proof than "Officer X said it was done," such as actual documentation?

    So I'm entitled to discovery if I move for it, including inspection of the device(s) used in question? If I'm reading this right, I could motion under s. 804.09 to test the speed measurement device, tuning forks, and any other pertinent items - if the court allows (this must be where the catch ends up - but at the same time, denying the request may be seen as a due process issue)? That sounds rather broad upon initial reading. My expectation would be to only actually receive a copy of the ticket, maybe some notes. But what I'd plan to request is the officer's arrest history and logs, make/model/serial/manual of the radar device and tuning forks, police car in use, maintenance/service/calibration logs for radar unit, vehicle, forks, and speedometer (if moving radar), officer's radar certification, and to inspect all pertinent items in question.

    I've entered my plea, and was given a pretrial conference with the prosecutor, who is also a local attorney. All discovery requests are also handled through the same attorney rather than the court itself. I'm not sure if this is common practice in smaller jurisdictions, but this is what they are doing here. If there are any pitfalls or recommendations as a result of this, I'm all ears. During the conference they will take into account my record (no tickets), and other factors and offer a plea. From talking to the court, there isn't a fixed schedule like they have in some larger areas. (I knew someone with a ticket in the big city, and there they immediately offered plea options on the form stating how to plead guilty and make payments.)

    The people at the office also told me they don't have too many cases go to trial (only one day per month) and I'm probably looking at December if no plea is executed. I don't know whether this is meaningful, but it almost makes me wonder if they'd bring most/any foundational materials to trial unless I request them. I'm open to thoughts as to how to proceed.

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