Wausau Wisconsin

Municipal Court

October 23, 2017

If you are found Guilty of a traffic offense, in addition to any judgment made by the Court, the Wisconsin Department of Motor Vehicles may assess demerit points against your driving record, which may result in the suspension or revocation of your driver’s license. Any person holding a probationary license will be assessed two (2) additional demerit points for the second and all subsequent violations. Juveniles cited for traffic ordinance violations are subject to the same forfeitures and Court procedures as adults. Twelve demerit points within a year will result in a suspension of your driver’s license.

- N O T I C E -

UNLESS YOU FORFEIT A CASH BOND AS AUTHORIZED, FAILURE TO APPEAR IN COURT MAY RESULT IN A WARRANT FOR YOUR ARREST AND/OR A DEFAULT JUDGMENT. THE RIGHTS AND DUTIES HEREIN ARE IMPORTANT. THEY MAY AFFECT YOUR FREEDOM, YOUR MONEY AND YOUR RIGHT TO DRIVE.

DEPOSIT OR BOND

  1. If you post a deposit without stipulation of "No Contest" and fail to appear on the Initial Appearance date, you are deemed by law to have tendered a plea of "No Contest" and the Court will forfeit your deposit.
  2. If you appear in Court on your Initial Appearance date and plead "Guilty" or "No Contest" and are found Guilty, the ultimate penalty will be determined by the Court. Generally, the amount quoted to you by the officer will be assessed in an attempt to provide uniformity in penalty as contemplated by the Legislature when they adopted the new traffic code. In the proper case, mitigating circumstances can be considered and a penalty imposed in an amount less than quoted. In an aggravated case, or a case involving a poor past driving record, the Court may also impose a penalty in excess of the amount quoted from the deposit schedule. The penalty will not be less merely because you appear without other mitigating circumstances being present. To do so would be unfair to those drivers in a similar situation whose circumstances make it difficult or impossible to appear and would defeat the purpose of the uniform deposit schedule established by law.

MANDATORY APPEARANCES

  1. In the case of certain traffic violations, either the law or the rules of the Court require the defendant to personally appear in Court at the specified time regardless of how he/she intends to plead and regardless of whether or not a deposit is posted.

    Those are as follows:

    1. Operating While Under the Influence of an Intoxicant or Controlled Substance (OWI)
    2. Reckless Driving
    3. Fleeing or Eluding an Officer
    4. Operating after Suspension (OAS)
    5. Hit & Run, Death, Injury or Property Damage of $200 or More
    6. Racing
    7. Failure to Stop for an Emergency Vehicle
    8. Minor Transporting Intoxicants
    9. Violation of Restrictions of Occupational License
    10. Speeding-Open Road-25 MPH or More Over Speed Limit
    11. Speeding 35 MPH or More Over Speed Limit Regardless of Circumstances
    12. Violator Under 18 Years of Age, First Offense Only
    13. Any Other Violation for Which a Suspension or Revocation by Either the Court or the Department of Motor Vehicles is Mandatory

MANDATORY SUSPENSION OR REVOCATION BY THE COURT

The following violations, upon conviction, will result in a MANDATORY suspension or revocation of the operating privilege:

  1. Fleeing an Officer
  2. Refusal to Take Offered Test for Intoxication, Unless the Refusal is Found Reasonable by the Court, or Failure to Timely Request Hearing on the Reasonableness of Refusal to Take Test
  3. OWI or Prohibited Alcohol Concentration
  4. Misrepresenting Age to Procure Intoxicants or Conviction of Person Under 18 of Possessing or Consuming Intoxicant
  5. Failure of Person to Pay Forfeiture
  6. Failure to Appear in Court When Driver's License is Used as Deposit
  7. Speeding in excess of 25 mph over limit
  8. Underage drinking where a motor vehicle is involved, or Third or subsequent offenses
  9. 3rd and subsequent violations for Operating After Suspension

NOTE: The Court also has the authority to suspend or revoke the operating privilege for ANY violation of the traffic code, which authority is completely optional with the Court, and includes the authority to suspend for failure to pay the forfeiture imposed by the Court.

RESULTS OF TRAFFIC VIOLATIONS

If a person is found Guilty of a traffic violation, or posts a deposit and fails to appear, his/her driving record is charged with certain demerit points and when they total twelve (12) or more in one year from the date of violation, his/her driving privileges are automatically revoked or suspended for a period of time by the DMV.

MANDATORY SUSPENSION OR REVOCATION BY DMV

The following violations, upon conviction, will result in a MANDATORY suspension or revocation by the DMV:

  1. Homicide by Reckless Conduct: Negligent Homicide with a Motor Vehicle or Homicide by Intoxicated Operator of Motor Vehicle
  2. Conviction of Operating While Under the Influence of an Intoxicant or Drug
  3. Conviction of a Felony in Which a Motor Vehicle is Used
  4. Failure to Stop and Render Aid as Required by the Law in the Event of an Accident Resulting in Death, Personal Injury or Serious Property Damage
  5. Perjury, False Statement or False Statement Submitted to DMV
  6. Operating after Revocation or Suspension, Operating Without Filing Statement of Financial Responsibility When Such Action is Required
  7. Violation of Restriction on Occupational License or Serious Violation by Holder of Occupational License
  8. Conviction in Another State of a Violation Which, if Committed in Wisconsin, Would Result in Revocation
  9. Conviction of any Traffic Violation Which Results From an Accident Causing Death to Another
  10. Conviction or Altering License, Loaning License to Another, Fraudulently Using a License or Permitting Another to Fraudulently Use License

NOTE: LIKE THE COURT, THE DMV HAS THE AUTHORITY, AT ITS OPTION, TO SUSPEND OR REVOKE FOR OTHER VIOLATIONS OR REASONS.

HERE’S HOW IT WORKS

The DMV receives a record of all convictions for moving traffic violations from the Court. Revocation or suspension is required for 12 demerit points in one year. In determining action, records are reviewed from the date of violation. Convictions and demerit points remain on the driver record until purged (generally 5 years from the date of conviction).

The point total may be reduced by 3 for attending an approved traffic safety school or modified defensive driving course, provided other requirements for point reduction are met. Only one reduction is allowed in a 5-year period. Ask the local license examiner about assignment for an approved course. No point reduction is permitted if a person accumulates sufficient points to require suspension or revocation.

Suspension or revocation of operating privilege is required upon conviction for OWI. In addition, 6 points are assigned to the driving record.

"ANY PERSON WHO HOLDS A PROBATIONARY LICENSE (OR TO WHOM SUCH LICENSE WOULD HAVE BEEN ISSUED HAD PROPER APPLICATION BEEN MADE) WILL BE ASSIGNED THE DEMERIT POINTS SHOWN PLUS 2 ADDITIONAL POINTS FOR THE SECOND AND ALL SUBSEQUENT CONVICTIONS."

WISCONSIN'S POINT SYSTEM

VIOLATION POINTS
ATTEMPT TO ELUDE OFFICER 6
FAIL TO PERFORM DUTY AFTER ACCIDENT 6
OPERATE WHILE REVOKED OR SUSPENDED 6
OWI 6
RECKLESS DRIVING/RACING 6
SPEEDING 20 MPH OR MORE OVER LIMIT 6
VIOLATION OF OCCUPATIONAL LICENSE 6
DEVIATING FROM TRAFFIC LANE 4
DRIVING WRONG SIDE OF HWY OR ST 4
FAILURE TO YIELD RIGHT-OF-WAY 4
IMPRUDENT SPEED, DRIVING TOO FAST FOR CONDITIONS, FAILURE TO HAVE MV UNDER CONTROL 4
INATTENTIVE DRIVING 4
FAIL TO STOP FOR SCHOOL BUS WHEN RED LIGHTS FLASHING 4
SPEEDING 11-19 MPH OVER LIMIT 4
UNNECESSARY ACCELERATION 4
ARTERIAL/TRAFFIC CONTROL VIOLATION 3
DRIVING WRONG WAY ON 1-WAY STREET 3
FAILURE TO DIM LIGHTS 3
FAILURE TO GIVE PROPER SIGNAL 3
FOLLOWING TOO CLOSE 3
ILLEGAL PASSING 3
IMPROPER BRAKES/LIGHTS 3
OPERATE W/EXPIRED DL OR W/OUT ANY DL 3
OPERATING WITH MULTIPLE LICENSE 3
PROHIBITED/ILLEGAL TURN 3
SPEEDING 1-10 MPH OVER LIMIT 3
VIOLATION OF RESTRICTION 3
PARK ON HWY IN TRAFFIC LN, DEFECTIVE SPEEDOMETER & OTHER MOVING VIOLATIONS NOT LISTED 2
OPERATE WHILE DISQUALIFIED 6
OPERATE W/BAC OF 0.04 OR MORE BUT LESS THAN 0.1 CAUSING INJURY 6
POSSESS INTOXICANTS WHILE OPERATING OR ON DUTY W/RESPECT TO A CMV 3
UNLAWFUL CMV LICENSE/ENDORSEMENT 3
HEADLIGHTS NOT LIT 3
NO CYCLE ENDORSEMENT/LICENSE 3
DEFECTIVE/REPAIRED HANDLEBARS 2
DEPRIVE USE OF TRAFFIC LANE 2
MORE THAN 2 RIDERS 2
NO EYE PROTECTION (OPERATOR) 2