Does WI have deferred sentencing in traffic court – if so, does the defendant have to request it or is it the judge’s decision?

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Does WI have deferred sentencing in traffic court – if so, does the defendant have to request it or is it the judge’s decision?

I received two tickets. One was for a DWI and one for reckless driving. I am planning on pleading no contest.I was depressed at the time and trying to committ suicide by running into a pole. The police sent me to a mental hospital, and I was released without receiving a formal chapter 51. I am now on medication for the depression and seeing a psychiatrist and a therapist on a regular basis.I think my BAC was a .08.

Asked on June 2, 2009 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not sure that you're eligible for deferred prosecution here;  I'm not a Wisconsin attorney, but my research suggets that it isn't permitted for DUI.  I think it's very important for you to see a lawyer in your area, who can review all of the facts of your case, and give you reliable advice.  Courts have limited discretion, but your lawyer will know what can be done for you, and how to try and make it happen that way.  One place to look for an attorney is http://attorneypages.com

Your attorney can also arrange for the case to be handled with some discretion, so that you might not have to stand up in front of a room full of people and talk about your illness.  Sadly, there are still too many people who don't understand what depression is, and I don't think you need to hear from them right now.  I'm glad you didn't succeed in your attempt, and I hope you stick to your treatment plan and find your way to a better life.


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