Municipal Court
Court
Judge: Judge Koeffler cannot speak to either party (the City or the defendant) about the merits of a pending matter unless the other party is present. Written communications to the Court must be copied to the opposing party.
Laywers: Milton Municpal Court only handles municpal ordinance violations. Ordinance violations are not criminal offenses; therefore the court will not provide you with a lawyer.
Police Department: The police department is not the municipal court and police personnel have no control over the municipal court's processing of matters. Court questions and correspondence should be directed to the Municpal Court Clerk and not to the police department.
Paying a Ticket Without Coming to Court
Just because you received a ticket does not mean you must come to court. Unless the ticket shows "mandatory appearance," you have the option to pay it on or before the court date shown on the ticket. If you do so, your payment will be entered as a plea of "no contest" and you will be convicted of the law violation shown on the ticket.
Initial Appearances
The Initial Appearance is the date shown on the face of the citation. If you have not paid your ticket on or before the initial appearance date you have 60 additional days to pay. Failure to appear may result, among other consequences, in a default conviction being entered against you. If you wish to contest your citation, you must appear for the initial appearance.
Pleas
Click here to access the Plea Form
Guilty: If you plead guilty, you should expect to be found guilty. The judge will impose a sentence that may include that you pay a forfeiture within a certain period of time and possibly other penalties, depending upon the type of violation.
No Contest: If you plead no contest, you are choosing not to contest the charge. A no contest plea cannot be used against you for liability purposes in other civil proceedings. Since you are not contesting the charge, you should expect to be found guilty. The judge will impose a sentence that may include that you pay a forfeiture within a certain period of time and possibly other penalties, depending upon the type of violation.
Not Guilty: You may plead not guilty in person or by mail. A mailed plea must be received by the court date and must clearly list your name, current address and citation(s). If you plead not guilty, your case will be scheduled for a trial. You will be mailed a letter from the court with the trial date as well as the prosecuting attorney's information. You are then responsible to contact the attorney in a timely manner to discuss the prosecuting attorney's information. If a proposed resolution is reached, it will be presented to the judge. Judge Koeffler is free to accept or reject the proposal. If you and the city prosecutor cannot come to an agreement, your case will be heard on the trial date scheduled.
Trials:
Trials are conducted as a "trial to the court" before the Municipal Court Judge. There are no juries. The city has the burden of proof, since you are presumed innocent. The city will be represented by the prosecuting attorney. If a defendant wishes to hire an attorney or have witnesses testify, it is his/her responsibilty to have the attorney and witnesses present at the time of the trial.
Trial Tips
Do I need an attorney?
If you decide to take your case to trial, an attorney will not be provided for you by the court. You may, of course, choose to hire an attorney or represent yourself. If you choose to represent yourself, please read the following information carefully.
What happens at a trial?
This is a formal hearing where the City Attorney and the Defendant have the opportunity to present their evidence before the Municipal Judge. The City has the burden of proving its case by clear, satisfactory and convincing evidence. The City puts its case in first. This usually involves calling witnesses and introducing documentary evidence. Once a witness for the City has testified, the Defendnant has a right to cross examine that witness. After the City has introduced all of the evidence that it wishes to present, the Defendant then has the opportunity to testify on his or her own behalf, call witnesses and introduce documentary evidence. The City Attorney is entitled to cross examine any witness called by the Defendant. After all the evidence has been heard by the Judge, each side is given an opportunity to make a closing argument. The Judge then applies the admissible evidence to the specific state statute or City oridnance that the Defendant is charged with violating, and determines whether he or she is guilty or not guilty.
What should I do to prepare for a trial?
There are several things you should consider when preparing for a trial:
- Are there witnesses you want to testify? If the answer is yes, you need to make sure that they will be there on the day of the trial. Any such witness should have personal knowledge of the incident based on what he or she saw or heard. Do not bring in letters or statements written at your request. They may be hearsay and more than likely will not be admitted as evidence. If you have any doubts that witnesses you would like to call will appear voluntarily, you have the right to subpoena them into court
- Photos, Maps and Drawings: If you think such evidence will help the Judge understand your case, bring them to court. However, you or whoever took the photos or drew the drawings should be prepared to testify about how and when the items came into being.
- Testimony by the Defendant: If you plan to testify on your own behalf, think about what you are going to say beforehand. If you do testify, the City Attorney will have the right to cross-examine you. If you made a statement to the police or others, these statements can be used against you at the trial.
Police testimony and police reports:
Do not assume that the Judge has seen the police report. The Judge has not read the police report and will not read the report unless it is properly submitted at trial. Do not assume that the City Attorney will properly submit it at trial. If you want the Judge to see it, you will have to bring a copy and then see whether or not it will be admitted. Police reports are available via open records request. Open records requests may be made at the Police Department and may take 10 business days to fulfill said request.
Will I have to pay more than the amount on the citation if I am found guilty?
It is a possibility. First, the City Attorney may request payment for such things as a witness fee. The fine amount on your citation is not the maximum fine in most cases. The Judge has the authority to impose a higher fine if she deems it appropriate. Finally, if you do subpoena witnesses, you will not be reimbursed for these expenses even if you are found not guilty.
What if I need a postponement?
If you have a good cause to delay your trial date, you may ask the Judge for an adjournment. You must do so at least one week before the trial date. The Judge will then decide whether or not to grant your request.
If I am found guilty, can I appeal?
If you are found guilty after a trial, the Judge will notify you of your appeal rights. The appeal must be filed within twenty (20) days after the Judge's decision and will be heard in the Rock County Circuit Court. You must file a written notice of appeal and pay the appropriate appeal fee.
If I change my mind, can I change my plea before the trial?
You may change your plea to guilty or no contest by contacting the City Attorney who is handling your case (608-755-5050) by the Friday before your trial date.
Paying Fines (Forfeitures)
If a forfeiture is imposed the clerk will mail you a Judgement Notice showing the citation number, the amount owed, the due date, and the payment address. Judge Koeffler always provides at least 60 days to pay fines. She may grant additional time to pay under extenuating circumstances.
It is very important that payment is made by the due date. Failure to pay can result in significant consequences including but not necessarily limited to suspension of a driver's license of up to two years and/or referral to the Department of Revenue - Tax Intercept Program.
If you are demonstrably unable to pay your forfeiture in full prior to the due date, you can contact the municipal court clerk to obtain a court date to request an Indigency Hearing.
Follow the links below to access forms or additional information:
- Pay online through Official Payment
- Motion to Re-Open Form
- Indigent Evaluation Form
Procedural Guidance Versus Legal Advice
The court will try to provide procedural guidance on request, however, neither Judge Koeffler nor the municipal court clerk will give legal advice to anyone. The municipal court clerk cannot do so because she is not a lawyer. The judge will not do so because she is neutral.
Parking Tickets
Parking tickets are issued to the registered owner of the vehicle. If others drive your vehicle and receive parking tickets, the ticket will be issued to you because you are the owner.
Traffic Tickets
The majority of traffic citations issued are for speeding violations. Points are determined and assessed by the Department of Transportation (DOT), not the judge or police. For example, the judge cannot order the DOT to assess three points if you are convicted of a four point ticket.
Speeding tickets generally fall into one of three categories:
- 1-10 mph over the limit - 3 points
- 11-19 mph over the limit - 4 points
- 20 or more over the limit - 6 points
Occupational License Information
Click here to download information.
Ignition Interlock Device
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Interesting Links
DOT - Point Explanation
DOT - Parking Ticket Information
DOT - Registration Reinstatement Information