City of Waukesha Municipal Court

201 DELAFIELD ST.
WAUKESHA, WI 53188
PHONE: (262) 524-3704, 3705
FAX (262) 650-2570
Email: court@ci.waukesha.wi.us

Your Rights and Responsibilities

You have just received a citation. With good reason, you are not happy about this. This information has been provided to save you time and trouble without jeopardizing your rights.

Enter a plea by mail

Write a letter to the Municipal Court indicating you would like to enter a not guilty plea. By entering a not guilty plea you are given an opportunity to have a private conference with the Assistant City Attorney, at a later date.

Do not appear in court on the date on the citation.  A notice will be sent to you the following week indicating when you should appear for the pretrial conference. If you choose to appear in court and enter a not guilty plea, the matter will be scheduled for a pretrial conference at a later date, which means you have made an unnecessary trip. The court does not resolve cases by mail. If you want to talk to someone privately, enter a not guilty plea. In all likelihood the matter will be resolved at a pretrial conference.

If you have been issued a citation for Operating While Intoxicated, you have a right to a jury trial. Enter a not guilty plea and pay the $36.00 jury tender within 10 days of entering your plea. Upon receipt of the jury tender the matter will be transferred to the Circuit Court of Waukesha County. Further communication will come from the Circuit Court. If the ten-day deadline is missed, the matter will be scheduled for a pretrial in this court. Pursuant to State Statutes, any monies posted for a jury trial are not refundable under any circumstances nor can the monies be applied to the forfeiture if you are found guilty of the offense.

If you have been charged with Operating While Intoxicated/Other, the Motor Vehicle Dept. will administratively suspend your driving privilege up to six months. This normally goes into effect approximately 30 days after the date violation. As soon as you receive information that you are administratively suspended, you are eligible for an Occupation License that you must get at the Motor Vehicle Dept.

Upon conviction a mandatory revocation is ordered. The revocation is retroactive to the date the administrative suspension was imposed by the Motor Vehicle Department, unless otherwise specified by the court.
Contact the Motor Vehicle Dept. for more information.

You may receive a second citation for Operating With a BAC/PAC of .10% or more. The second citation is mailed to you. Although you can be convicted of both, points and penalties will only be imposed on one.

If this was a refusal you must refer to any information given to you pertaining to refusal hearing procedures.

Court Appearance

IF YOU APPEAR IN COURT on the date indicated on your citation you will be heard as to your plea only. Court is held on the lower level in the Council Chambers. There will be a sign-in sheet for you to print your name. When your name is called you will be asked how you wish to plea. If it is your intent to enter a not guilty plea, please re-read the section on entering your plea by mail. This could save you time.

If you enter a plea of Guilty or No Contest, the Judge will hear information presented by the City Attorney, and may ask you if you have anything to say. The judge will then impose appropriate sentence and forfeiture amounts. You can be granted up to sixty days to pay the citation. Partial payments are accepted and if there is a continued effort in trying to make regular monthly payments, additional time to pay may be granted.

If you do not wish to appear in court you may mail in the bond amount indicated on your citation. On your court date the court will accept this as a plea of no contest and the matter will be resolved. The Department of Transportation will be notified of the conviction and will assess points to your driving record. In some cases additional penalties are automatically imposed by the Department of Transportation as required by State Statutes.
It may be in your best interest to contact the Dept. of Transportation to determine the impact on your license before mailing the payment in.

Adjournments

If you are unable to appear on the date on your citation a 10-day adjournment may be granted. Please review the information under Court Appearance, before requesting an adjournment. The request must be in writing and received by the court prior to the court date on your citation. If you are unavailable within the next 10 days please indicate those dates on your letter. The court will notify you by mail on when to return to enter your plea.

The point system

This paragraph is a brief explanation of how the point system applies to you. The laws are constantly changing so this information will be brief. For the most current information contact the Dept. of Transportation.
If you are found guilty of a moving traffic violation, points will be assessed against your driver's record if applicable. Those holding a Graduated Driver's License (probationary) will be assessed the points indicated on the citation for their first moving violation. Any subsequent violations will have the demerit points doubled.
These points remain on your driving record for one year from the date of violation. If you accumulate 12 points within a 12 month period your driving privilege will be suspended by the Dept. of Transportation.
Any questions regarding your specific driving record should be directed to the Dept. of Transportation (DOT). A link has been provided below that may be helpful.

Department of transportation  (608) 266-2261

From the Police Department