When Is a Speeding Ticket Not Just a Speeding Ticket?

 Posted on October 30, 2025 in Criminal Defense

Seeing flashing red lights in your rearview mirror is rarely a positive experience. In some cases, it can alter your entire future. According to a news report from early 2025, Wisconsin ranks second in the country for the number of speeding tickets issued. While penalties for excessive speed may be milder than in many other states, you could still face serious consequences that affect your record, your license, and even your job.

Driving more than 30 miles per hour over the posted speed limit adds a layer of complexity that can seriously affect your future. Now is not the time to handle a speeding ticket alone. Having experienced Menomonee Falls, WI traffic violation defense lawyers advocating for you can make a major difference in the outcome of your case — and could even keep you out of jail.  

What Is Felony Speeding in Wisconsin?

While most speeding tickets are civil forfeitures under Wis. Stat. § 346.57, there are rare situations where the offense becomes criminal. Felony-level speeding may occur when driving behavior shows an "utter disregard for human life" under Wis. Stat. § 941.30. These charges are generally associated with excessive speed combined with dangerous circumstances. Examples include:

• Traveling more than 40 miles per hour over the posted speed limit in a residential or school zone

• Driving at extreme speeds in congested traffic or poor weather conditions

• Causing a crash that results in serious injury or death while speeding

• Fleeing or attempting to elude law enforcement at high speeds

• Engaging in illegal street racing that endangers others

Even if not classified as a felony, speeding 25 mph or more over the limit is considered a more serious traffic offense. Accumulating several of these within five years can result in long-term license revocation and higher insurance costs.

Could I Go to Jail for a Speeding Ticket?

A standard speeding ticket in Wisconsin does not typically come with a jail sentence. Speeding violations can, however, result in jail time when they are accompanied by reckless driving or repeated offenses. A first reckless driving conviction carries six points and financial penalties. A second reckless driving conviction within four years may result in up to one year of incarceration. Cases involving injury to another person, even when it was a first offense, can lead to jail time.  

How Does a Speeding Ticket Affect Your License and Driving Record?

Every ticket adds points to your driving record. Under Wis. Stat. § 343.32, these points can quickly lead to suspension or revocation. The number of points you are given for a speeding violation depends on how far over the speed limit you drove. More serious violations add more points. Driving more than 20 miles per hour over the limit adds six points to a driving record. Getting twelve points within one year can lead to a license suspension that lasts up to one year.

Having more than one suspension or repeated violations can make it harder and more expensive to get the license back. Speeding violations also stay on a driving record for five years. During that time, insurance companies and employers can see the record.

Can a Speeding Ticket Impact Your Insurance or Job?

Even a single speeding ticket can increase auto insurance premiums for several years. Insurance providers often treat traffic violations as indicators of higher risk. They also use repeated traffic violations as an excuse to cancel a policy.

For commercial drivers, the consequences are even more significant. A speeding violation of 15 miles per hour or more over the limit is classified as a "serious offense." Two or more serious offenses within three years can cause a commercial driver to lose their license, which can also affect future job opportunities. Handling a ticket quickly and getting legal help can lower penalties and reduce the long-term effects on a driving record and career.

What Other Charges Can Accompany a Speeding Ticket in Wisconsin?

Speeding often occurs along with other traffic violations, especially when a driver is distracted, under stress, or reckless. In some cases, a speeding stop may also result in other citations. These can include operating while intoxicated (OWI), which means driving under the influence of alcohol or drugs. Driving without insurance or trying to flee from law enforcement can lead to even more serious penalties. Each additional charge can result in increased fines, additional license points, and a higher likelihood of jail time.

Should I Just Pay a Speeding Ticket in Wisconsin?

Many people pay speeding tickets to avoid the hassle of court. Unfortunately, this can make things worse in the long run. Paying the fine is treated as an admission of guilt, which places the conviction on your driving record. Rather than paying the fine and hoping for the best, talk to an attorney. A lawyer can review the citation, challenge evidence, and help you fight for a dismissal or reduction of penalties.

Defenses for Excess Speeding Charges in Wisconsin

An experienced attorney will tailor your defense strategy to the specific details of your case. However, some common defenses against excessive speeding include:

• Necessity: A driver may argue that speeding was unavoidable because of a medical emergency or a mechanical problem with the vehicle. For example, someone rushing to a hospital for urgent care or losing control of the accelerator because of a car malfunction might use this defense.

• Lack of posted speed limit signs: The area where the stop occurred may not have clearly visible speed limit signs. In that case, it may be possible to challenge whether the driver had fair notice of the speed limit.

• Faulty radar or laser readings: Radar and laser devices used by law enforcement must be properly maintained and operated. If a device was not calibrated correctly or used improperly, its reading may not be reliable.

• Incorrectly calibrated speedometer: A mechanical or electronic error in the vehicle’s speedometer can cause a driver to believe they were traveling slower than they actually were. Documentation of the inaccuracy can support this defense.

• GPS or dashcam evidence showing a lower speed: Data from a vehicle’s GPS or video footage can sometimes prove that the driver was traveling at a lower speed than what the officer reported.

Your attorney may also question whether the officer had probable cause for the stop in the first place. If your rights were violated during the traffic stop, it can seriously weaken the case against you.

Contact a Waukesha County, WI Criminal Defense Attorney

Are you facing a license revocation, high fines, or even jail time for speeding or reckless driving? Contact the experienced Menomonee Falls, WI traffic violation defense lawyers at Bucher, Wolff & Sonderhouse, LLP today.

Our legal team works tirelessly to protect your driving privileges, defend your rights, and help you move forward with confidence. We are available seven days a week and twenty-four hours a day to assist clients across Waukesha County and the surrounding areas. Call 262-232-6699 today for a free consultation.