Legal Question in Traffic Law in Wisconsin

How should I answer "did you know you where speeding" or "why were you speeding" to make it seem as though i did not know i was speeding, and am sincere about the mistake during a traffic court?


Asked on 5/22/12, 2:39 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If you are seriously contesting a speeding ticket with sworn testimony during a trial, you need to tell the truth. Perjury is a serious crime for which one can go to prison, so it is far better not to testify at all if you have a problem with the truth (or best yet, resolve the case prior to trial) than to lie, particularly over something as routine as speeding. Either way, knowledge or intent to speed, however, is essentially irrelevant to guilt, since there is no such element of the offense, unlike for first degree intentional homicide, for example, which requires the government to prove specific intent to commit the crime before any defendant can be convicted. Therefore, one can still be guilty of speeding whether or not he or she is aware of doing it. This is probably appropriate, since speeding is a regulatory offense which carries relatively minor punishments and since the law would become totally unenforceable if proof of guilty knowledge were required. As usual, if you are charged with speeding, I would always recommend that you consult with an experienced traffic lawyer. While the representation may cost more than the fine, the savings in insurance costs over the next ten years can be much more than the fine. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only and not as advice to you. They may also contain lawyer advertising materials. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 5/22/12, 5:34 pm


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