Legal Question in Traffic Law in Wisconsin

Re: Can a case be thrown out for the officer using the wrong statute?

Many trials come down to a "swearing match," where a judge hears conflicting testimony and decides which witness is more believable. Your difference of opinion with the officer as to whether or not you pulled out close enough to the oncoming vehicles to constitute failure to yield may turn into just such a swearing match. In order to overcome the instant credibility of a uniformed officer, you will need any ammunition you can get to discredit him. Witnesses can sometimes be discredited if their recorded observations are inconsistent with their testimony or otherwise indicate that the witness may be prone to erroneous recollections. In your situation, you should therefore certainly bring up any written errors committed by the officer. You may also want to object on technical due process grounds due to not being tried for the same violation for which you were charged, but the judge may simply allow this type of error to be corrected verbally. Finally, you should strongly consider representation by an attorney if you are serious about winning your case, since you may lack sufficient understanding of the rules of evidence and other technical procedural matters to effectively represent yourself. Good luck!