5. Traffic Cases in Municipal and Circuit Court
Edit on GitHubThe process of a traffic case varies based upon whether it is in circuit court or municipal court.
| Circuit court | Municipal court |
|---|---|
| Governed by sections §§ 345.21 to 345.53 and ch. 799 | Governed by ch. 800 and some sections in Ch. 345 per §345.20 |
| Neither party is entitled to pretrial discovery, but the defendant may move for discovery and must do so within 10 days of the alleged violation (§ 345.421) | The discovery deadline is 30 days from the initial appearance (§ 800.07) |
| A defendant may file a written request for a judge substitution within seven days of the initial appearance (§ 345.315) | A defendant may make a written request for a judge substitution within seven days of the initial appearance (§ 800.05(1)) |
| A defendant can request a jury trial and must do so within ten days from a “not guilty” plea (§ 345.43) | A jury trial is only available for OWI tickets (§ 800.035(5)(c)) |
| Any pretrial conference may be conducted on the trial date (§ 345.42) | A municipal judge may schedule a pretrial conference, which can also be waived upon agreement by the parties (§ 800.045) |
| The process concludes with the trial and judgment | If the defendant is found guilty, the court may render judgment by ordering a forfeiture, plus costs, fees, and surcharges; community service work; an operating privilege suspension or revocation when authorized by law; or other authorized dispositions. § 800.09 |
| If a defendant fails to appear in court, a default judgment will be entered finding the person guilty of the offense (§ 345.26(b)2)If a defendant fails to appear in court, a default judgment will be entered finding the person guilty of the offense (§ 345.26(b)2) | If a defendant does not appear at trial, the court may enter a default judgment (§ 800.08(5)) |