Speeding Ticket in WI, Dismissal an Option?

[mrestko]

I am an Illinois resident. While I was driving back home through Wisconsin, I was pulled over and ticketed for speeding. The officer told me that he got me on radar at 60 MPH in a 45 MPH zone but said he reduced the ticket to 55 MPH.

I was on Highway 45 which has a limit of 55 MPH for nearly all of it's length. This was just a short 1/2 mi - 1 mi section where the limit dropped to 45 MPH.

First, is there anything I can do to argue the ticket down on the basis that I was unfamiliar with the area and didn't realize the speed limit dropped?

Second, the ticket lists the plantiff as the County of Shawano and accuses me of violating ordinance 8-1-1. It also says "Adopting State Statute 346.57(5)". I tried looking up both these laws. 346.57(5) makes sense, and appears to be the correct law to charge someone with for speeding. However, 8-1 which should be the county law adopting the state statue makes no reference to 346. Is it possible to get my case dismissed because I am not being charged with the correct law? Or does the ticket make it obvious that I am being charged under state statute 346.57(5).

Third, I live in Chicago and the courthouse is in upper WI. I checked and it seems you can't have a trial by mail in WI but I can plead Not Guilty via mail. After I've done this, can I file a motion to dismiss without appearing in court? Can I also negotiate with the County Attorney over the phone and get the charges reduced without being physically present?

I'd love to give links to the above laws, but the system won't let me because this is my first post...I would really appreciate some advice about how to handle this ticket.

 

[mightymoose]

The county ordinance is likely just one that sets the prima facie limit across that 1/2 mile stretch.
Your being unfamiliar with the road is not a defense. The only defense you would have is if the speed limit was not marked properly. It sounds as if you are not arguing about exceeding the speed limit but are just looking for a way around the ticket... and that is understandable... but from what you are saying here I don't see a way around it.
It is unlikely you were cited under the wrong code. Best you could do is delay the court date and try to get the officer to no-show.

 

[traffic101]

I agree with mightymoose. Your defense of "unfamiliar road" is not a defense and neither is "I didn't see the sign" or "I was not paying attention". If you didn't see the sign because of some obstruction, that is a different story. You may not be able to get out of this. If you live in a different state, it may save you time and money to get a lawyer to represent you and hopefully you can get a judgment that allows you to do traffic school. If you have not had a traffic ticket in some time, the judge may allow you to attend traffic school online course and then the ticket can be waived and all you had to do was just pay for the court fees and the cost of the online course. Good luck to you.