Home Forums Wisconsin Motorists Issues There is no 5th Amendment Right against self-incrimination in WI traffic cases

This topic contains 0 replies, has 1 voice, and was last updated by  Beltfed 4 months, 2 weeks ago.

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    Beltfed
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    As a public service announcement, I’d just like to get this out there that fighting a speeding ticket in Wisconsin will not necessarily go anything like in the e-book or other ticket-fighting references. That is because traffic infractions are tried using rules different from criminal proceedings. If you get the treatment I got, you will be sworn in as a witness, and the prosecuting attorney will call you to the stand as his witness, and you will be asked questions that you must answer or face contempt of court. You may not invoke the 5th amendment right against self-incrimination because the court follows civil process and not criminal process. This is a very uncomfortable place to be, when you are asked point blank “were you speeding?” and “how fast were you going?” Probably not worth perjuring yourself over a speeding ticket. You won’t find this information in any of the books. It was a shock to me, and a very unpleasant surprise. If you are planning to fight a speeding ticket in WI, you need to be prepared for what you’re going to do in this situation. I was not.

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