WHEN IS MY COURT DATE?
Your initial court date and time are written on the top of your citation.
Your initial court date and time are written on the top of your citation.
If your citation is marked “yes” for a mandatory appearance (next to the court date and time), you must appear in court. If you fail to appear, the court may issue an Order/Summons to Appear and/or issue a Warrant for your arrest. If your citation is marked “no”, you do not need to appear, but you may still appear and enter your plea.
You may be eligible for an occupational driver’s license. Apply at the nearest DMV (Department of Motor Vehicles) or contact the DOT (Department of Transportation) at 1.608.261.0368 or www.dot.wisconsin.gov/drivers/drivers/ with questions.
If your appearance is not mandatory, you can enter a written plea either by writing a letter or by using the envelope given to you by the issuing officer. Mail your plea or deliver in person at the Clerk of Court office before your court date. If no plea is received, a no contest plea and a guilty by default judgment will be entered.
If you have been charged with OMVWI (Operating a Motor Vehicle While under the Influence of an Intoxicant), you are entitled to a jury trial in St. Croix County Circuit Court. You must file a written request for a jury trial and post both the jury fee and the citation forfeiture with the Clerk of Court within ten days of your initial appearance. Contact the Clerk of Court for a request form. Companion citations issued at the same time as the OMVWI citation generally remain in Municipal Court for adjudication, but may be transferred to the Circuit Court at the discretion of the court.
If you are found guilty of a charge involving damage to property, physical injury to another person or monies due to issuance of worthless checks, the court will order you to pay restitution. The restitution is paid to the court, which in turn issues payment to the victim(s).
You can contact the Clerk of Court and request a continuance. If good cause is shown, one continuance will be granted.
The court will take one or more of the following actions against you: suspend your driving privileges for a period of up to two years or until forfeiture is satisfied, make a claim against monies owed to you by the Department of Revenue, issue an Order/Summons to Appear for a good cause hearing, and/or issue a Warrant for your arrest.
Contact the Clerk of Court as soon as possible if you are unable to make a payment or have missed a payment, in order to avoid collection actions.
If the Judge accepts your plea, you will be found guilty. Then you will have an opportunity to state information you would like the Judge to consider before sentencing. The Judge will then issue your sentence.
This is not an admission of guilt, but a statement that you will not fight the charge(s). Your case will be handled like a guilty plea since you are not disputing the facts of the case, but the finding of guilt cannot be used as evidence against you in any other potential legal action that may arise from the incident, e.g., a property damage claim based on reckless driving.
You will be scheduled for a pre-trial conference with the Village Attorney, at which you can discuss your case and possibly reach an agreement. If you do not reach an agreement, your case will go to trial before the Municipal Judge. If you do not attend your pre-trial conference, you will be found guilty of the charge(s) by default.
You will be given trial guidance information and a trial date along with your pre-trial conference order when you plead not guilty. If you desire an attorney, your must retain one at your own expense since municipal citations are civil forfeitures and not criminal charges. All cases except non-traffic juvenile cases are heard as public trials.
If your driving privileges are suspended or revoked either as part of your sentence or because you failed to pay forfeiture, at the end of the suspension or revocation period, you must pay a fee to reinstate your privileges at the DOT (Department of Transportation). Reinstate at the nearest DMV (Department of Motor Vehicles) or contact the DOT at 1.608.261.0368 or www.dot.wisconsin.gov/drivers/drivers/
You must check in with the Clerk of Court. You will be given information to read and the Judge will explain procedures before cases are called. For your initial appearance, the Judge will introduce the charge(s), explain the range of penalties, and then ask you to enter a plea of guilty, no contest, or not guilty to the charge(s) against you.
Payment is due on your court date. However, the court normally allows 60 days after the court date to pay forfeiture. To request more time to pay, contact the Clerk of Court. The court is often willing to set up payment plans for those unable to pay in full within 60 days.