When Is a Speeding Ticket Not Just a Speeding Ticket?

 Posted on June 07, 2024 in Criminal Defense

Seeing flashing red lights in your rearview mirror is rarely a positive experience. In some instances, it can alter your entire future. Wisconsin has the fourth-highest percentage of drivers who have received a speeding ticket within the past seven years (13.43 percent). While the penalties in the state for excess speed are milder than in many other states, you could still face serious consequences.

Driving more than 30 miles over the posted speed limit adds a layer of complexity that can seriously affect your future. Now is not the time to attempt to handle a speeding ticket without legal assistance. Having an experienced criminal defense lawyer advocating on your behalf can potentially change the outcome of your ticket—and could even keep you out of jail.     

Could I Go to Jail for a Speeding Ticket?

A speeding ticket in Wisconsin is usually unlikely to land you in jail. A speeding ticket for more than 20 mph over the speed limit adds six points to your driver’s license. Accruing twelve points within one year results in a one-year license suspension.

Driving 25-plus miles over the speed limit is considered a major traffic offense. If you accrue four major traffic offenses within five years, your license will be revoked for five years. Losing your driving privileges can cause major alterations in your day-to-day life but does not involve jail time.

However, drivers ticketed for driving 25 or more miles over the speed limit may also receive a citation for reckless driving. Reckless driving can result in jail time if this is not your first reckless driving charge or if another person is injured. A first-offense reckless driving conviction adds six points to your license, along with fines.

A conviction for reckless driving and excess speed could result in a year-long suspension of your driver’s license. If this is your second reckless driving conviction within four years, you could face up to a year in jail. If your reckless driving caused minor injuries to another person, then even a first reckless driving conviction could lead to a year in jail.       

Should You Pay the Ticket?

Many people pay traffic tickets because they want to settle the matter. This is rarely a good long-term strategy, even for relatively minor traffic tickets. Once you pay your fines, you have essentially pled guilty to the charges.

You will have points added to your license which could trigger a suspension, and your insurance rates will almost certainly increase. Some auto insurers will even drop drivers cited for excess speeds or reckless driving.

Without a driver’s license, it could be difficult to get to and from work and even risk losing your job. It is almost always more beneficial to speak to an attorney, plead not guilty, and go to court. While this may seem more difficult than paying the fine, there will be fewer serious, long-term consequences.        

Defenses for Charges of Excess Speed

Your defense will be tailored to the facts and circumstances surrounding your charges. Some of the more common defenses used to counter charges of excess speed include:

• Necessity (you had a mechanical problem with your vehicle or were driving to the hospital for a medical emergency)
• There was no posted speed limit
• The radar results were wrong (the accuracy of the radar gun is challenged)
• You believe your vehicle’s speedometer is not properly calibrated
• Your GPS shows you were driving slower than the officer claims

Contact a Waukesha County Criminal Defense Attorney

Are you facing a license revocation, high fines, or even jail time because of excess speed and reckless driving citations? Contacting an experienced Brookfield, WI traffic violation defense lawyer can help you achieve the best possible outcome, potentially avoiding jail and the suspension of your driver’s license. Bucher, Wolff & Sonderhouse, LLP can help preserve your driving privileges, protect your rights, and safeguard your future. We are available to our clients seven days a week, 24 hours a day. Contact our office for a free consultation at 262-232-6699