Court Procedures- Adult

State of Wisconsin- Hudson Municipal Court

GENERAL (ADULT) PROCEDURES

The following rules and procedures will help you understand how Hudson Municipal Court functions. This court has jurisdiction over most traffic law violations and all city ordinance violations. These matters are not considered criminal in natures, so you are free to seek representation by an attorney at your own expense as you are NOT entitled to a public defendant appointment.

OMVWI VIOLATIONS

If you are charged with operating a motor vehicle while under the influence of an intoxicant (OMVWI) and the companion operating with a prohibited alcohol concentration, you may request to have your case transferred to St. Croix County Circuit Court for a jury trial. A written request for a transfer and payment of all required fees must be made within 10 days of your initial appearance in Municipal Court. Only OMVWI cases can be transferred to circuit court.

PLEAS

When your name is called, please step up to the podium. The citation will be read and potential penalties and other consequences will be explained. You will then be asked to enter a plea of "guilty", "not guilty" or "no contest". You may request a continuance for purposes of consulting with legal counsel or for other valid reasons.

If you enter a plea of guilty, it is an admission to the charge. The arrest officer's report will typically be read by the court officer. You will be allowed to make a statement before a penalty is assessed. If applicable, a computerized printout of your driving record may also be introduced by the city. You will receive an order outlining your penalty before you leave. If you are unable to pay due to economic circumstances you may request either an installment payment plan or to perform community service in lieu of your forfeiture. If you feel that you qualify, please see the clerk for poverty guidelines.

A plea of No contest is similar to a plea of guilty and will also result in a finding of guilt. However, with a no contest pleas, you admit to no civil liability in connection with the incident, such as a claim for damages (that civic action must be handled by St. Croix County Circuit court). Restitution may be ordered in some cases. As with a plea of guilty, you may offer comments or explanations which you deem relevant to the fact or sentencing by the court. Before leaving, you will receive an order outlining your penalty. Again, if you are unable to pay due to economic circumstances you may request either an installment payment plan or to perform community service in lieu of your forfeiture. If you feel that you qualify, please see the clerk for poverty guidelines

If you enter a plea of not guilty, you deny the charges against you. Your case will then be set for pretrial. Before leaving, you will be given a Notice of Pretrial and Pretrial instructions.

TRAFFIC VIOLATIONS

If you are found guilty of a traffic offense, the Department of Transportation (DOT) may assess demerit points against your driving record and your drivers' license may be revoked or suspended. Assessment of 12 demerit points with a 12-month period will result in the revocation of driving privileges. If you driving privileges are in jeopardy, the DOT will advise you of the number of points assessed and the present status of your driving record upon request only. Violations of some traffic and Alcohol offense may have automatic suspension or revocations of driving privileges.

If you need information regarding obtaining an occupational license, you may go to the Drivers' Licensing Building Located in the St. Croix County Business district at 2100 O'Neil Road, Suite 100, Hudson, WI. They can help you determine if you are eligible for an occupational license.

TRAFFIC VIOLATIONS-JUVENILES

Traffic violations by juveniles are treated the same as for adults. However, defendants between the ages of 14-16 are currently heard in private unless the juvenile knowingly waives a closed hearing after consulting with an attorney. A money judgment may be entered upon a finding of guilt. A juvenile may not be jailed for failing to pay a forfeiture, but driving privileges may be suspended for up to two years for failing to pay. Community service or other action may be ordered. Possession or consumption of alcohol by a juvenile will result in a suspension of driving privileges, as well as a forfeiture.

COURT CONDUCT

This is a court of law. Rules of evidence and proper decorum are expected. Please be quiet when court is in session so all individuals can be heard and present their case without distraction. ALL HATS MUST BE REMOVED. Persons who fail to conduct themselves in an orderly manner will be asked to leave and may be cited for contempt of court. The City of Hudson is committed to ensuring that you are treated with courtesy and respect that every citizen has a right to expect from judicial officers. The court, in return, expects the same courtesy and respect.