In Wisconsin, a person cited for a traffic violation can plead not guilty and have the case set for trial, or in some situations enter a plea by letter. The law lets defendants request a trial during normal daytime business hours and gives the court procedures to follow if a defendant fails to appear. Depositing the scheduled amount before the court date can also resolve many citations as a stipulation of no contest.
Courts must follow statutory rules about setting trial dates, accepting deposits, and entering default judgments when someone does not appear. There are also timelines for reopening judgments in cases of excusable neglect, and a right to a jury trial in circuit court if fees are paid and the defendant is informed of that right.
Current Wisconsin law
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The deadline that matters
If you request a trial by letter, the judge must set a trial date at least 10 days after the judge mails the notice.
What Wisconsin law says
The statutes provide the procedures for pleas, trials, and deposits. A defendant may enter a not guilty plea by letter and request a daytime trial, and the judge must reply with a time and place with the trial date at least 10 days from the mailing by the judge, if requested, under Wis. Stat. § 345.34. If a not guilty plea is entered, the court shall set a future trial date or advise the defendant later, and the court has rules for nonappearance including issuing warrants or entering judgment, under Wis. Stat. § 345.36 and Wis. Stat. § 345.37. A citation procedure allowing a monetary deposit and stipulation of no contest is governed by Wis. Stat. § 778.26. The defendant must be informed of the right to a jury trial in circuit court under Wis. Stat. § 345.34 and Wis. Stat. § 345.425.
What to do
A common first step is to send a written letter pleading not guilty to the judge at the address on the citation and request a trial during normal daytime business hours, as allowed under Wis. Stat. § 345.34.
A common option is to deposit the scheduled amount with the clerk, sheriff, or police as provided in Wis. Stat. § 778.26 to resolve the citation as a stipulation of no contest before the court date.
A common next step is to appear in court on the scheduled date for arraignment or trial; if you plead not guilty, the court will set a trial date or may give an immediate trial for nonmoving violations under Wis. Stat. § 345.36.
A common option after a missed appearance is to move to open a default judgment within the timelines the statutes allow, showing mistake, inadvertence, surprise, or excusable neglect as the basis for reopening under Wis. Stat. § 345.36 and Wis. Stat. § 345.37.
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Common questions
Can I plead not guilty by letter instead of appearing?
Yes. A defendant may enter a plea of not guilty by letter to the judge at the address on the citation, and may request a trial during normal daytime business hours; the judge must reply with a trial time and place, with the trial date at least 10 days after the judge mails the notice, under Wis. Stat. § 345.34.
What happens if I fail to appear for my court date?
If a defendant fails to appear, the court may issue a warrant, order bond forfeited, or in some cases enter judgment treating the nonappearance as a plea of no contest; statutes set procedures for mailing notice and timelines for payment or reopening judgments, see Wis. Stat. § 345.36 and Wis. Stat. § 345.37.
Can I pay a deposit instead of going to court?
Under the citation procedures of Wis. Stat. § 778.26, a defendant may deposit the amount directed by the issuing officer with the clerk or law enforcement before the court date; submitting the deposit with a stipulation can serve as a no contest plea and submission to forfeiture.
Do I have a right to a jury trial?
Yes. A defendant must be informed of the right to a jury trial in circuit court, and the statutes describe how jury trial rights are preserved or waived, see Wis. Stat. § 345.34 and Wis. Stat. § 345.425.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
