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Wisconsin Motion to Reopen Traffic Forfeiture

Category:
Statewide - Circuit Court - General
State:
Wisconsin
Control #:
WI-SKU-1688
Format:
PDF
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Description

Motion to Reopen Traffic Forfeiture

Wisconsin Motion to Reopen Traffic Forfeiture is a legal motion that can be filed with the court to have a forfeiture of a traffic violation, such as speeding, dismissed or reduced. It is a way for drivers to request a review of their case, to challenge the validity of the original traffic violation, or to challenge the amount of the forfeiture. There are two types of Wisconsin Motion to Reopen Traffic Forfeiture. The first type is a Motion to Reopen to Vacate Forfeiture, which allows drivers to request a dismissal of the forfeiture due to an error in the original citation or some other valid reason. The second type is a Motion to Reopen to Reduce Forfeiture, which allows drivers to request a reduction in the amount of the forfeiture due to mitigating circumstances. Both types of motions require the filing of a detailed legal brief and must be submitted to the court before the forfeiture is due.

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FAQ

A dismissed case means that a case is closed without finding guilt. This means there are no convictions for the defendant in a criminal case by a court of law. However, a dismissed case does not prove that the defendant is factually innocent and could remain on the defendant's criminal record.

Wisconsin State Law allows a defendant six (6) months from the judgement date to file a request to reopen a citation. To initiate a request to reopen the citation, the defendant must submit a request in writing.

A defendant may file a motion to dismiss for failure to state a claim after filing an answer. A defendant who raises the defenses of failure to state a claim or the statute of limitations in an answer does not forfeit the right to bring those defenses on for disposition by subsequent motion.

The judge will hear from both sides and decide whether or not to reopen the case. If the judge does not allow the reopening, the original judgment will stay in place. If the judge allows the reopening, you will get a trial date.

If you failed to appear for your scheduled small claims court date: if you are the defendant a judgment may be entered against you; if you are the plaintiff, your case may have been dismissed. Generally, you may file a motion to reopen the case within 12 months of the judgment.

Wisconsin Motion to Reopen Traffic Forfeiture Related Searches

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More info

TR310. Motion to Reopen Traffic Forfeiture.Complete Motion to Reopen TR-310. 2. Send Original to the Clerk of Court, PO Box 507, Wautoma WI 54982 a. STATE OF WISCONSIN, CIRCUIT COURT, COUNTY. Plaintiff. vs. Defendant. Address. The request to reopen is. 1. granted. How can I reopen my civil traffic or forfeiture case? The Motion to Reopen forms can be found on our Traffic page. To reopen a civil traffic or forfeiture case, use the forms listed below. Instructions for Completing the Request to Reopen Form. 1.

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