Wisconsin Traffic Ticket

What is the name of your state? Wisconsin
I had a traffic ticket I fought earlier this year. Dismissed due to officer no-show, but I think I was ready to fight.
Has anyone successfully used the following approaches to get a ticket dismissed in Wisconsin?
Or was I going down to my defeat?

Officer violated SS 83.016 when
"received or accepted from the person she arrested, money or other thing of value, to cover the payment of fines and as a condition of the person’s release"
(I had to pay the fine at the time the citation was given by officer. Note: officer circled "Cash" as payment method on citation)

Officer violated SS 345.27 (1) in failing to inform the person charged …
1. that conviction may result in revocation or suspension of his operating privilege
2. that demerit points may be assessed against his driving record
3. the number of demerit points that is cause for revocation or suspension
(Note: the court also has this requirement before accepting a plea from defendant. They also failed to inform me of these things .. is it risky to point this out?)

Officer violated SS 346.03 (4) when exceeding the speed limit without the use of lights and siren
The citation was not for a felony and the officer was not obtaining evidence of a speed violation (evidence obtained via VASCAR from an aircraft).

And the final stretch:
Have both officers to define "freeway" and "highway" as defined in SS 346.57 (am). Failure to do so accurately means officer does not understand the laws he is enforcing (since the citation for violating SS 346.57 (gm) which specifically applies to a "freeway.")

[dequeendistress]

Quote [b]Officer violated SS 83.016 when
"received or accepted from the person she arrested, money or other thing of value, to cover the payment of fines and as a condition of the person’s release"
(I had to pay the fine at the time the citation was given by officer. Note: officer circled "Cash" as payment method on citation)Quote [E]

Did you receive the amount of the fine in return since you state that the citation was "dropped" and what did you presume to pay in lieu of "cash"

Your questions in regards to "is it risky to point this and that out"...you can point to anything you feel valid, do you really believe that this "defense" is valid as to if you actually committed the infraction or not.

Officer violated SS 346.03 (4) when exceeding the speed limit without the use of lights and siren...etc

Are you stating that the officer pulled you to the side without use of light or siren? Then may I ask, how or why you stopped....

Did you receive this "defense" from one of the "how to beat your speeding ticket websites?"

Replies to dequeendistress
1) Yes, I got all the money back from the court after case was dismissed.
2) Regarding the "risky" defense, I was wondering if pointing out this court error risk angering the judge and reducing his patience for hearing the rest of my defense (I guess legally, the answer must be no, he's not supposed to be prejudiced like that). The relevance of this is that both the Officer and the Court did not follow correct legal procedure in this citation/case, therefore it is my grounds for dismissal.
3) The officer activated lights only after pulling along side of my vehicle from behind, never was the siren activated. The statute requires BOTH lights and sirens when exceeding 65 mph on a freeway. How did the officer catch up to a vehicle alledgedly going 85 MPH without themself going over 65 Mph? Again, grounds for dismissal due to improper procedure.
4) This defense was from reading over the Wisconsin law very carefully, I just kept looking for law that applied to my case and decided to make the prosecutor prove everything, and point out areas that they did not follow the law themselves. I intended to use these points in addition to the other approaches found out on the web to show the innaccuracy of the speed estimate and inconsistency of witness testimony (both air and ground officer).

[dequeendistress]

I see, in response to if the defense information would have offended the judge, good possibility.

Good thing it did not go that far.

[abezon]

I doubt your defense would have worked. You'd have had to convince the court to apply the exclusionary rule to the traffic stop (police violated law, therefore the pursuit was illegal, therefore the stop was illegal, therefore ticket issued at stop should be suppressed). Problems include: 1) police saw you violating the law before they exceeded the speed limit catching up to you so the ticket was not the result of the unlawful pursuit, 2) the exclusionary rule is a constitutional argument & the police did not violate your constitutional rights by catching up without lights, and 3) to make the argument, you have to admit you were speeding during the pursuit time.

Since fine payment method was preprinted on the ticket, there is likely case law addressing & dismissing that argument. The court might have found that the stop was not an arrest within the meaning of the statute, or that the statute was not intended to cover tickets that require the fine be paid at the stop.

Your last argument is germaine only if you plead guilty & want to try to set aside the plea as not being "knowing & voluntary". It has no bearing until you plead guilty.

[harbor14]

Originally posted by JimmyD
What is the name of your state? Wisconsin
I had a traffic ticket I fought earlier this year. Dismissed due to officer no-show, but I think I was ready to fight.
Has anyone successfully used the following approaches to get a ticket dismissed in Wisconsin?
Or was I going down to my defeat?

Officer violated SS 83.016 when
"received or accepted from the person she arrested, money or other thing of value, to cover the payment of fines and as a condition of the person’s release"
(I had to pay the fine at the time the citation was given by officer. Note: officer circled "Cash" as payment method on citation)

Officer violated SS 345.27 (1) in failing to inform the person charged …
1. that conviction may result in revocation or suspension of his operating privilege
2. that demerit points may be assessed against his driving record
3. the number of demerit points that is cause for revocation or suspension
(Note: the court also has this requirement before accepting a plea from defendant. They also failed to inform me of these things .. is it risky to point this out?)

Officer violated SS 346.03 (4) when exceeding the speed limit without the use of lights and siren
The citation was not for a felony and the officer was not obtaining evidence of a speed violation (evidence obtained via VASCAR from an aircraft).

And the final stretch:
Have both officers to define "freeway" and "highway" as defined in SS 346.57 (am). Failure to do so accurately means officer does not understand the laws he is enforcing (since the citation for violating SS 346.57 (gm) which specifically applies to a "freeway.")

This has to be the funniest thing I have every read.....

[biglaz]

They actually use VASCAR in WI? Can you say about where this was?

<i>Originally posted by biglaz </i>
<B>They actually use VASCAR in WI? Can you say about where this was? </B>

Monroe county, I90/I94

Originally posted by abezon
I doubt your defense would have worked. You'd have had to convince the court to apply the exclusionary rule to the traffic stop (police violated law, therefore the pursuit was illegal, therefore the stop was illegal, therefore ticket issued at stop should be suppressed). Problems include:
...
3) to make the argument, you have to admit you were speeding during the pursuit time.
...

Not true, Travelling at exactly 65 MPH when I pass a police vehicle on the side of the road. I continue travelling at 65 MPH while the officer has to catch up. Either I was travelling at less than 65 MPH or the officer was travelling faster than 65 MPH.
(I never need to admit travelling faster, just that I never was below 65 MPH). Assuming officer already admitted she caught up without using lights & siren, proof of her violation of SS 346.03 (4).