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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 88702
Experience:  Attorney with over 24 years of law and traffic law
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I was found guilty of a traffic violation ("unsafe passing

Resolved Question:

I was found guilty of a traffic violation ("unsafe passing on right"), and would like to know what I'm able to do next? Do I file a Notice of Appeal now? What do I do to get a new trial (trial de novo)?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you again.

Your next step is you must file a notice of appeal in the municipal court within 20 days of the docket entry. See: Wis. Stat. § 800.14(1).

You can request a trial if you had a trial in the municipal court and lost. See: Wis. Stat. § 800.14(4). Once you file this notice of appeal and you file your appeal asking for a new trial, the Circuit court must conduct a trial and cannot send it back to the municipal court.



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Customer: replied 11 months ago.

Just to make sure, a traffic citation in Wisconsin is heard in a municipal court? I'm only familiar with Illinois procedure, and it all seems completely different.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Yes, generally traffic cases are heard in the municipal courts in WI. If you had a trial and were found guilty then you should have appeared in the municipal court. If you never had a trial, which is what I said above, and were found guilty based on a failure to appear, then you cannot request a new trial under WI law and if you do so improperly and do not just ask for a review of the transcript the Circuit court would deny your new trial and you would lose any further appeal rights. WI is very specific about you having to have had an actual trial in the court below before you can ask for a new trial as part of your appeal right in the Circuit Court.
Customer: replied 11 months ago.

I did have a trial and was found guilty. So I have 20 days from the day of trial to file a notice of appeal? Will the Appellate Court provide a deadline to file my appeal brief?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

The circuit court would have the case not the appellate court and you are asking for a new trial by your petition so no brief, you would be set to present your case from scratch to the circuit court.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 88702
Experience: Attorney with over 24 years of law and traffic law
Law Educator, Esq. and 12 other Traffic Law Specialists are ready to help you

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