FAQs • Village of Menomonee Falls • CivicEngage

Am I entitled to pre-trial discovery for a traffic citation?: Generally, neither party is entitled to pre-trial discovery in traffic forfeiture actions. But a defendant has a limited right to inspect and test devices used by the police department to determine whether a traffic violation has been committed, including speed and alcohol detection devices. Before these devices can be inspected and tested, a defendant must first request court approval within 10 days after the alleged violation, and a court must order that these devices be inspected and tested.

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Citations

1. Is the municipal court date on my citation the actual trial date?: No. This is an initial appearance date. This may be before a judge or the Village Prosecutor. Please review the citation and the information slip that the officer provided with the citation for more court information.

2. Am I entitled to pre-trial discovery for a traffic citation?: Generally, neither party is entitled to pre-trial discovery in traffic forfeiture actions. But a defendant has a limited right to inspect and test devices used by the police department to determine whether a traffic violation has been committed, including speed and alcohol detection devices. Before these devices can be inspected and tested, a defendant must first request court approval within 10 days after the alleged violation, and a court must order that these devices be inspected and tested.

3. I lost my ticket and forgot the appearance date. What should I do?: Contact the Menomonee Falls Municipal Court Clerk at (262) 532-4370.

4. I have a perfect driving record but the officer gave me a ticket anyway. Why?: Decisions to cite are situational and based on the circumstances at the time. The nature of the violation, weather conditions, or other factors are considered before issuing a citation. An individual's driving record is typically not a factor, but can be based on the officer's discretion.

5. If I file a complaint against an officer, will the ticket be dropped?: No. While the Menomonee Falls Police Department will investigate complaints regarding the conduct of its officers, we believe that the merits of the citation should be assessed by the judiciary. Knowingly making a false complaint regarding the conduct of a law enforcement officer is a violation of Wisconsin State Statute 946.66 and subject to a forfeiture.

6. I have a driver's license from another state and received a citation in Wisconsin. Will it show on my home state's driver's record?: The violation will be reported to your home state. Some states put it on your record and some don't. Check with your state's Division of Motor Vehicles.