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

UPDATED: Jun 2, 2009

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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


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

Answered 13 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

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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