$160 Frosty window ticket!

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fdinwisconsin

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I received a citation violating Wisconsin Statute 346.88(4) Motor Vehicle windows not reasonably clean. The cost of the citation is $160.80. I have chosen to contest this citation and am taking it to trial. At the time I was issued the citation, my front windshield has very minor frost build up. While the windshield was not completely clean, it was not impeding my ability to safely see the road. I am looking for anybody who has had any experience or any ideas on how I can successfully contest this citation. This is a case where it is my word against the officers. The only possible angle I have identified is that after I was released the officer added a note on the citation that said when he asked me why I didn't scrape my window I replied "because I was in a hurry". This is not true. He never asked such question and I never gave such response. I was on my way to work that morning and I was not late (at that time), if I can prove through my payroll report that I was on time that morning, perhaps I can prove that I would not have stated that. I am really grasping here, but I have no idea what other angle to take. Any input would be greatly appreciated. Thanks in advance.

PS, I am a college student and cannot afford to pay $160 for a frosty window:(
 
Ask for diversion.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 
I doubt that there is a diversion program for traffic offenses.

Sometimes it's possible to get tickets dismissed on payment of costs, with the assessment of costs being below the value of the ticket. When I was a college student in a similar situation, after explaining my financial situation to the judge I had a ticket dismissed on payment of costs of about 10% of the face value of the ticket.
 
Well, because some states offer traffic school, some offer deferments, and some will offer dismissals as I described. But a "diversion program" is a term usually associated with criminal courts, and which usually involves some form of probation. Few states criminalize traffic tickets, let alone offer anything which might be reasonably defined as a "diversion program" for traffic tickets.

Do you disagree? If so, please name some.
 
Wow

What a silly ticket. It sounds like the officer had nothing better to do. I would fight it. I would counsult legal advise. Remeber your are innocent until PROVEN guilty. A frosty windsheild is a hard thing to prove.
 
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