It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:
" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.
The prosecution will have to prove each element of the infraction.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Wisconsin Motion to Dismiss Traffic Citation is a legal document that individuals can file with the court in an attempt to have their traffic citation dismissed. This motion provides an opportunity for defendants to challenge the validity of the citation or argue for the dismissal of the charges based on various legal grounds. In Wisconsin, there are different types of motions to dismiss traffic citations, depending on the specific circumstances of the case. Some common types include: 1. Lack of Probable Cause: This motion asserts that there was insufficient evidence or probable cause for law enforcement to issue the traffic citation. It may question the accuracy of the officer's observations or challenge the legality of the stop or search. 2. Violation of Constitutional Rights: This motion argues that the defendant's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures, were violated during the traffic stop. It may challenge the legality of the arrest or the subsequent search of the vehicle. 3. Improper Traffic Stop: This motion alleges that the traffic stop itself was conducted improperly, without a valid reason or justification. It may argue that the officer lacked reasonable suspicion or probable cause to initiate the stop, rendering any evidence obtained thereafter inadmissible. 4. Flawed Equipment or Measurements: This motion challenges the accuracy of the equipment used to measure the alleged traffic violation, such as radar guns or speed cameras. It may question the calibration or maintenance records to cast doubt on the reliability of the evidence. 5. Mistaken Identity: This motion asserts that the defendant was wrongly identified as the party responsible for the traffic violation. It may present evidence, such as witness statements or alibi, to prove that the citation was issued in error. When preparing a Wisconsin Motion to Dismiss Traffic Citation, it is crucial to include relevant supporting evidence, such as witness statements, photographs, videos, or expert testimony, to bolster your arguments. It is also essential to adhere to the procedural requirements and deadlines set by the court. Ultimately, the success of a motion to dismiss a traffic citation in Wisconsin depends on the strength of the legal arguments presented, the credibility of the evidence provided, and the judge's interpretation of the applicable laws. It is advisable to consult with a qualified attorney who specializes in traffic law to guide you through the process and maximize your chances of a successful outcome.
