Legal Question in Criminal Law in Wisconsin

Trial

I received a traffic ticket for speeding via moving radar from a state trooper in WI.

I live California and have received a default judgment because I did not appear.

This judgment was made 3 weeks by WI courts for failure to appear.

I was told by a friend that I could send $ with a request written on it asking for ("trial de nolo"?) a trial even though the date has passed for payment.

Thank you


Asked on 2/05/00, 2:13 pm

2 Answers from Attorneys
Stephen Sitkoff Takakjian & Sitkoff, LLP

Re: Trial

Before you consider requesting a "trial de novo", esentially a retrial, you should contact an attorney in Wisconsin to see what options you have. You may be able to just pay the ticket, it would likely be a lot less expensive then a trial in Wisconsin.

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Answered on 2/11/00, 12:24 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Trial

The term you seem to be refering to is trial de novo, not de nolo. A trial de novo occurs when a second court hears the evidence and then makes it own findings of fact and decision. This is done without reference to what the prior court did. It appears that you are asking the court to do is set aside your default and give you a trial on the ticket.

DO you really want to have the court set aside it a and then go back to WI for a trial. The cost of travel alone would probably exceed the cost of the fine.

If you are really serious about defeating the ticket you should contact an attorney in WI about retaining him or her to represent you, and discuss your defenses and options.

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Answered on 2/07/00, 7:09 pm


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