Legal Question in Traffic Law in Wisconsin
I received a traffic citation in dane county for failure to obey a traffic control signal, which the officer said it was for a U-turn. The discovery from the DA's office states that there was no audio or video recording. The police report stated that the subject was traveling north on East Wash when he made a uturn at the controllled interesection for mendora. A sign was posted prohibiting uturns. In addition, to the fact that it is illegall to make a uturn at a controlled interesection. The subject says he was coming from MATC, and wanted to turn into Walgreens. He said he wasnt able to turn into walgreens immediatley. He would have had to turn onto Mendoata and turn around again, so he made the U-turn anyway. Subject was appeared nervous and jittery, and asked for my name several times, He wanted to make sure I knew he was the son of the chief of police for the village of beaver dam. 6 Lanes road conditions dry traffic-light light condition dark, highway: divided-highway-median-strip with traffic barrier, and weather condition cloudy. Citation was issued Highway 151 North/E Washington Avenue, from at hwy no. or street name mendota street.
My defense is no u-turn sign posted at this intersection. I believe the citation was issued in a none residential district, I may be correct or wrong on this one? No other vehicles were approaching within 200 feet or less front or behind my vehicle. I did not drive in 180 degree turn. In addition, at the time of the traffic stop I was having a anxiety attack and that was why I was turning into Walgreens to pick up some medication. The date the citation was issued the president of the U.S. was in Madison and increased patrol for security for the president. The police officer issued the citation based on number of contacts and quotas, which is illegall for the president being in the U.S. to make up for all the officers being on the road. In addition, the officer said, that I mentioned my father in the traffic citation to get out of the ticket. I did not mention my father to get out of this ticket. The police officer used my dad's name to make the citation look more creditable. Because when he ran the registration it was in my dad's name and that is how he got away with saying that. Because he works with my dad as a law enforcement officer. What is my best defense in this matter if I decide to go to trial? What points should I argue to get this citation dismissed and found not guility?
The Assistant DA will only agree to a two point violation do you think I should take this offer? Do you think this is a reasonable offer? Otherwise do you think I should go to trial based on the police report above and the defense I mentioned. No accident happened as a result of this U-turn or citation. Its the officers word against my word in this case. In court who usually wins when its the officers word against the plantiff?
1 Answer from Attorneys
Sorry, but your question is far too detailed to handle in this public online forum. You are seeking specific trial strategy and providing that would amount to full legal reprsentation which is prohibited on Law Guru. You need to retain an attorney if you desire further guidance or representation in this matter. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.
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