Legally Speaking

As a municipal attorney, one of the responsibilities of our office is the prosecution of violations of the municipal ordinances. This includes enforcement of the traffic laws within the municipality. One of the most frequently asked questions from traffic defendants is “Why is the fine so high?” The answer may surprise you.

I will use the example of a ticket for speeding 10 miles over the speed limit. The total fine for this violation is $160.80. That fine consists of the following: Forfeiture, $30; Penalty Assessment (26 percent or forfeiture amount), $7.80; Court Costs, $25; Justice Information/Court Support Fee, $80; and Jail Assessment, Crime Lab Assessment, $18.

The only portion of the fine that goes to the municipality is the forfeiture. The municipality pays $5.00 of that to the Clerk of Courts for handling the municipal cases. In other words, the City issuing the ticket only keeps $25 of the fine. The remaining penalties and assessments go to the local Court and the State of Wisconsin.

The court costs and other assessments are imposed by statute on every ticket that is prosecuted through the County Circuit Court. Different costs are assessed if the city has its own municipal court. The forfeiture amount, that is the portion that goes to the local municipality, has remained relatively unchanged over time. The cost and assessments, on the other hand, have increased considerably over the years. The state government has frequently used increases in the costs and assessments in traffic matters to increase revenues for state budget shortfalls.

The only flexibility that a prosecutor has in trying to settle a ticket is reducing the forfeiture. The costs and assessments cannot be reduced (except the Penalty Assessment which is based on the forfeiture amount). In the example given above, the $30 forfeiture is the minimum forfeiture for a speeding ticket so there is no room to reduce this fine.

Many people have the mistaken impression that traffic tickets are a great source of revenue for the municipality that issues them. Nothing could be further from the truth as this example illustrates.

This column is based on general principles of Wisconsin law, is for informational purposes only, and is not intended to provide legal advice. Each legal matter must be judged on the merits of its unique circumstances. If you have a legal problem, consult an attorney.

James A. Downey is an attorney at Pinkert Law Firm LLP with offices in Sturgeon Bay and Sister Bay. 920.743.6505 or 920.854.2616.