August 17, 2004
Traffic Court
Posted by Gordon Smith

I made my first visit to traffic court today, not as a defendant but as a friend. I had always heard that the magistrate would reduce the penalty just for showing up in traffic court, but I had no idea that the benefits of an appearance would be so substantial. For many of the people there, appearing was the difference between losing and retaining a driver's license. For others, the judge reduced the fine, sometimes as much as half.

Who goes to traffic court? Most of the people who appeared were seriously close to losing their licenses. Wisconsin uses a points system, and drivers who accumulate 12 or more points in one year have their licenses suspended. Minor traffic offenses are 2 or 3 points, while more serious offenses are 4 or 6 points. For example, a ticket for speeding 1 through 10 mph over the posted limit is worth three points, while a ticket for speeding more than 20 mph over the posted limit is worth six points. Most of the people in traffic court were attempting to get 6-point violations reduced to 3-point violations, and the magistrate typically obliged.

It appeared to me that those who appeared came from a range of backgrounds and social classes. No one was seriously contesting the charges, just begging for mercy. Perhaps the biggest surprise to me was that people would dress so informally. A Harley t-shirt or muscle shirt with ratty jeans or shorts and sandals was pretty standard. Not that it would have made much difference, since the magistrate was not doing much in the way of individual evaluation. Still, I would have thought that more people would have made an attempt to put their best foot forward.

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