Traffic Violations in Wisconsin

Various states put laws in place to regulate road safety and usage. These laws are designed to ensure that motorists and vehicle owners respect the rights of other road users and make safety a priority at all times. Vehicle drivers' deliberate or unintended disregard for traffic laws may lead to traffic accidents, injuries, and fatalities. Punishments are attached to these violations for persons who defy them. Certain prohibited driving conduct that can result in a driver breaking Wisconsin traffic violations are driving on a revoked or suspended license, failing to stop for emergency vehicles, and school or school work zone violations. According to the Department of Transportation, speeding is Wisconsin's most common traffic conviction. Other dangerous behaviors are aggressive driving, running a red light, inattentive driving, and weaving through heavy traffic.

The state has various ways of handling traffic violations. In some instances, defaulting drivers are pulled over and ticketed for traffic violations. Sometimes, the ticket may be mailed to the motorist, which is common with red light and parking tickets that were not attached to the person's vehicle. However, in the case of a severe traffic violation, like driving under the influence, the motorist will be taken into immediate custody. Whatever the case, records of traffic violations are typically included in the offenders Wisconsin traffic record.

Types of Traffic Violations in Wisconsin

In Wisconsin, a moving violation arises when a vehicle violates a traffic law while in motion. Exceeding the legal speed limit is a typical moving violation in Wisconsin. Other common moving violations include failing to maintain a single lane, not wearing a seat belt, following too close (tailgating), etc.

Another type of traffic violation in Wisconsin, called a non-moving violation, has nothing to do with a person's driving. Instead, it is related to faulty equipment or parking. The State of Wisconsin has careful regulations for vehicles in the state that all proper safety features and identifying markers be in place.

Non-moving violations in Wisconsin include but are not limited to parking in an illegal zone like near a fire hydrant or bus stop, leaving a vehicle running and unattended, and being on the road with defective vehicle registration or expired license plates.

The State of Wisconsin uses a point system to assign demerit points to a person's driver's license for each moving violation or traffic offense. The point system aims to penalize drivers who commit serious crimes. It is also to remove dangerous drivers from the road to protect others. The state adds a point for every infraction on a person's driving record.

Accumulating points can impact a person's insurance rate, driving privileges, and credit score. Wisconsin operates a 12-point demerit system. If a person receives 12 or more demerits on their license, the Department of Transportation has the authority to suspend the person's license for at least two months. Below are some of the points attached to various traffic offenses in Wisconsin:

2-point Traffic Offenses in Wisconsin: These include:

Traffic obstruction
Parking on a highway in a busy traffic lane
Having a defective speedometer

3-points Traffic Offenses in Wisconsin: These are:

Operating a motor car with an expired license or without a license
Having bad brake lights
Driving the wrong way or on a one-way street
Driving a vehicle when the driver's license is revoked or suspended
Taking a prohibited or illegal turn

4-points Traffic Offenses in Wisconsin: Traffic offenses in this category include:

Driving or speeding 11-19 mpg over the limit
Refusing to yield to emergency vehicles
Failing to yield right of way
Driving on the wrong side of a street
Deviating from the proper traffic lane
Failure to have a vehicle under control

6-point Traffic Offenses in Wisconsin: These offenses include:

Speeding at 20 mpg or more over the limit
Racing or reckless driving
Driving under the influence of an intoxicant
Trying to evade an officer
Driving away from an accident scene

Motorcycle Traffic Violation Points: Wisconsin has specific traffic violations points for persons that operate motorcycle vehicles. These traffic offenses and applicable points are:

Not wearing a helmet - 2 points
Not having protective eyewear - 2 points
Having more than two riders on a motorcycle - 2 points
Having defective or repaired handlebars - 2 points
Absence of a cycle license - 3 points
Not using headlights at night - 3 points

Under the Wisconsin point system, if a road user gets 12 points within 12 months, that road loses driving privileges by getting a suspended license. The duration of the license suspension depends on the number of points and the type of license (standard, CDL, probationary, etc.)

Wisconsin Traffic Violation Code

Chapter 345 of the Wisconsin Statutes, otherwise called 'Rules of the Road,' contains the applicable traffic laws in the state. It also contains the penalties and financial liabilities due to motorists that commit traffic violations. The Department of Transportation has a Motorists' Handbook that guides drivers on basic traffic rules to follow.

Wisconsin Felony Traffic Violations

Felony traffic offenses in Wisconsin are the most serious criminal traffic offenses because it often leads to bodily injury or even death. Due to the nature of the offense, felony traffic violations typically carry harsher prison sentences and steeper fines. A typical felony conviction attracts more than a year in prison, and even if the offense is not labeled a felony, the punishment may tell the public as much. Examples of felony traffic violations in Wisconsin are:

Hit and run resulting in a fatality
Leaving the scene of an accident
Endangerment of a minor
Reckless driving

Wisconsin Traffic Misdemeanors

If every breach of traffic laws were to be treated as a serious criminal offense involving a trial, the criminal justice system would quickly get overwhelmed. As a result, less serious traffic violations in Wisconsin are treated as misdemeanors. These are less serious crimes, typically punishable by a fine or incarceration in jail for less than a year. Some examples of misdemeanor traffic violations in Wisconsin are:

Failing to stop at a traffic light
Texting while driving or driving while distracted
Driving a vehicle without insurance
Operating a vehicle without a valid driver's license

Wisconsin Traffic Infractions

Wisconsin traffic infractions are the most common types of traffic violations in Wisconsin, and they typically result in a traffic ticket or citation. These offenses do not involve serious punishments or jail time but in points being placed against the driver's record. Citations are written on the Wisconsin Uniform Traffic Citation (UTC) form by enforcement officers.

Every citation must be resolved by court action, and the court shall forward all citations to the DMV. The Wisconsin DMV records and maintains this information to determine when to withdraw a driver's license. A driver's accumulation of demerit points often triggers an action, but in some cases, single convictions can cause the DMV to withdraw a license.

Wisconsin Traffic Violation Codes and Fines

Wisconsin codifies its traffic fines and violations in the Revised Uniform State Traffic Deposit Schedule. Wisconsin's traffic fines are higher than most other states throughout the country due to the state's surcharges on each penalty. Below is a list of common Wisconsin traffic fines with surcharges added:

Driving on the left of the center lane attracts up to $213 in fines
Failing to yield to a passing vehicle attracts up to $213 in fines
Unsafe passing on the right attracts up to $232 in fines
Making an illegal entrance on a divided highway attracts up to $263 in fines
Failing to yield for pedestrians attracts up to $175 for a first offense and $213 for a repeat offense in the same year
Making an improper right turn attracts up to $175 and $213 in fines
Refusing to stop at a stop sign attracts up to $175 in fines
Refusing to stop for a school crossing guard attracts up to $188 in fines

In addition to these fines, the state may suspend a motorist's driving privileges depending on certain conditions. The kind of driver's license in question will, however, determine the length of the suspension. Suppose the motorist has a probationary driver's license, instruction permit, or never issued a license. In that case, 12-30 assessed points will result in a six-month suspension and one year for points above 30.

On the other hand, if the motorist has a regular driver license, including a commercial driver license (CDL), the following will apply:

Two months suspension for 12-16 points assessed
Four months suspension for 17-22 points assessed
6 months suspension for 23-30 points assessed
One year suspension for more than 30 points assessed

However, a motorist may reduce the point total by attending an approved traffic safety course. Only three points may be removed once every three years, and interested drivers must first check for eligibility from the Wisconsin DMV.

How to Pay a Traffic Violation Ticket in Wisconsin

Paying for traffic violations in Wisconsin depends on the county where the motorist got the ticket. In Racine County, for instance, individuals may pay traffic violation tickets and other fines online, using the county-approved payment service, using VISA, MasterCard, American Express, or Discover.

Interested motorists may make in-person payments during regular business hours (8 AM to 12:00 PM and 1 PM to 4:45 PM). The person making the payment must come with a photo ID like a driver's license or state ID) for identification. Alternatively, payments may be mailed to the Clerk of Circuit Courts at:

Racine County Clerk of Circuit Courts
ATTN: PAYMENT CENTER
730 Wisconsin Ave
Racine, WI 53403

In Waukesha County, payments may be made in person at the Waukesha Municipal Court Office in City Hall. Cash, check, money order, credit, or debit cards, are the only accepted forms of payment. Parking citation payments may be made over the phone, online, or via mail. To make a payment by phone, call toll-free, (866) 343-0311. For online payments, visit the ticket payment site provided on the county's parking citations page. Payments by mail may be made by personal check or money order payable to the City of Waukesha at:

City of Waukesha
Processing Center
P.O. Box 2060
Tarrytown, NY 10591-9060

Overall, the Wisconsin Circuit Courts have a unified online payment system in all Wisconsin counties. Interested persons may make payments using MasterCard, Visa, or electronic check with a non-refundable processing fee of 2.75% for MasterCard and visa and $2.50 for electronic check.

Traffic Violation Lookup in Wisconsin

To look up traffic violations in Wisconsin, interested persons may conduct a driver record search with the DOT. first, visit the DOT driver search portal and provide the following details:

Wisconsin Driver License / ID Number
Last 4 Digits of SSN
Date of Birth
Gender

After this, click the reCAPTCHA button and 'Next' to view search results.

How to Plead not Guilty to a Traffic Violation in Wisconsin

There are two ways of responding to a traffic ticket in Wisconsin. The first is to pay the fine, and the other is to plead not guilty and request a contested hearing. Paying the traffic ticket fine is an admission of guilt, and the motorist waives all rights to challenge the traffic ticket in court.

A person that wishes to dispute a traffic citation in Wisconsin must either appear in court or enter a "not guilty" plea by mail before the court date. In Sauk County, for instance, the motorist may send a mail to Sauk County Clerk of Court, 515 Oak Street, P.O. Box 449, Baraboo, WI 53913 (FAX #(608) 355-3480 or (608) 355-3498). The plea of not guilty may also be sent via email to kris.fisher@wicourts.gov.

The plea must contain the charge, scheduled date of appearance, name of the agency that issued the ticket, ticket number, mailing address, and phone number. After a plea of not guilty comes the pre-trial conference, and the motorist is entitled to a jury trial. The court will send the hearing dates to the motorist who must appear or be automatically found guilty.

What Happens if You Plead No Contest a Traffic Violation in Wisconsin

A plea of 'No Contest' means that the defendant does not admit or deny their guilt. However, such a defendant does not wish to contest the facts behind the charge. Section 345.38 of the Wisconsin Statutes provides for the effect of a plea of no contest. The charge of traffic violation becomes inadmissible in any action or proceeding arising out of the same event.

Typically, a motorist cited for a violation may be further sued in a civil action. However, due to the no-contest plea, the violation can no longer be used against the motorist for purposes of the civil lawsuit.

How Long Do Traffic Violations Stay on Your Record?

Generally, convictions for traffic violations stay on a driver's record for five years from the date of conviction. However, there are some situations where the record entries may stay on record for more than five years. These situations include non-compliance with a driver safety plan, alcohol-related convictions, commercial motor vehicle disqualifying convictions, and unsatisfied damage judgments. Overall, the effects of a traffic violation on a driver's record are unpleasant. For instance, persons with clean driver's records will have cheaper auto insurance rates than drivers with points on their record. So, it is advisable to avoid getting traffic violation points by abiding by the Wisconsin traffic laws.

Can Traffic Violations Be Expunged in Wisconsin?

Wisconsin laws do not allow court judges to expunge records of traffic citations, civil or small claims cases. Expunging court records means that the court will seal the entire criminal case file, electronic and paper. It will also prevent public access to the record(s) without a court order. Courts may only expunge criminal records in Wisconsin in two circumstances.

In the first case, the crime must carry a maximum imprisonment of six years, and the perpetrator must have been below 18. The other circumstance where the court may expunge criminal records is in juvenile cases. Once the juvenile reaches 17 and has met the conditions of their dispositional order, the person may condition the court to expunge the record.

What Happens if You Miss a Court Date for a Traffic Violation in Wisconsin?

If a citation is marked as a mandatory court appearance, the recipient must appear in court. Failing to appear on a traffic citation in Wisconsin means that the court will consider the non-appearance as a plea of no contest, find the offender guilty and keep the deposit amount as payment for the citation. In some situations, the court may refuse to accept the deposit and order the offender to appear in court by summons or bench warrant.

If a court in Racine County finds an offender guilty due to a non-appearance, it will impose maximum penalties on the person. Such a person will receive written notification of the conviction approximately ten working days after the Initial Appearance. The penalty will be due in sixty days from that date, and the court may allow partial payments.