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Record of Proceedings

Fitchburg Municipal Court Arraignment Session – October 23, 2025

Common Council & City Boards — Thursday, October 23, 2025
BodyFitchburg, Wisconsin
SessionCommon Council & City Boards
DateThursday, October 23, 2025
StatusFILED
Video Record
0:00 / 26:04

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Speaker 1

0:05

Please rise.

0:07

The Honorable Hambi as a layer presiding.

Speaker 2

0:23

Please have a seat.

0:29

So good evening.

0:30

Before we start, I would like to explain to you the process that will be following tonight.

0:36

Tonight's session is an arrangement session.

0:39

You're going to be asked a very simple question, and that is what plea would you like to enter.

0:45

You have three alternatives, and the first one is to enter a plea of not guilty, which means you believe you are innocent or you believe that the city cannot prove its case against you.

0:56

Now the burden of proof is on the city to prove that you're guilty, you do not have to prove that you're innocent.

1:02

Now the second alternative is the opposite.

1:05

That's to enter a plea of guilty, which means you are accepting the facts and circumstances that are stated in the citation that you have already received.

1:16

The third alternative is called a plea of no contest, which means though you think you're innocent, you're also 100% sure that should your case advance to a trial, you will be found guilty.

1:30

In essence, there are lots of evidence against you.

1:33

Now, if you enter a plea of no contest, you will be found guilty.

1:37

There's one great advantage

Unassigned speaker

1:39

to

Speaker 2

1:39

a plea of no contest in cases involving potential liability claims in civil court.

1:46

Let me explain to you too.

1:47

So we have the traffic law.

Unassigned speaker

1:58

It

Speaker 2

1:58

means that somebody is alleging that you have hurt him or hurt her or caused damage to their property.

2:06

During that proceeding, if you enter a plea of guilty, it may be used against you in such liability claims.

2:15

While on the other side, if you enter a plea or no contest, it may not be used against you.

2:20

And that happens a lot in cases involving car accidents or somebody alleging that you hurt them badly in batteries.

2:30

So if you are faced with one of those citations, in addition to entering a plea in traffic court, you probably, if somebody sue you for damages, would have to enter a plea in civil liability cases, and whatever you enter as a plea in traffic court may be used against you.

2:51

So I just like you to understand the ramification of entering a plea in this court.

2:58

Always advantageous to you in cases involving potential liability claims to enter a plea of no contest rather than a plea of guilty.

3:08

In this court, in traffic court, if you are found guilty for traffic citations, in addition to the fine that I'm going to ask you to pay, I will take from you something called demerit points.

3:21

If in one single year you accumulate 12 demerit points, your driving privilege would be suspended.

3:28

If you are here for the offense of operating a motor vehicle while under the influence of an intoxicant, also non-drunk driving, you should know that you have the right to request a jury trial.

3:41

If you do so, the trial will be held at the Dane County Circuit Court.

3:45

It will not be held in Pittsburgh.

3:47

I would like to talk to you briefly about our philosophy in Pittsburgh.

3:51

It's our philosophy to see that justice is individualized.

3:55

What I mean by that is that I'm going to listen carefully to whatever mitigating circumstances that you may wish to share with

Unassigned speaker

4:03

me.

Speaker 2

4:04

And provided, of course, that the mitigating circumstances are truthful and believable.

4:10

I'm going to also look at your past record.

4:12

Based on those two source of information, I will come with a verdict.

4:17

It may then mean that two people faced with identical citation may have different outcome.

4:23

And this is the case in all traffic citations, with the exception of traffic citations where alcohol or drugs was a factor in the issuance of the citations.

4:33

In these cases, I do not have any willingness to compromise the verdict.

4:38

You'll pay the maximum penalty as stated in the statute.

Unassigned speaker

4:42

The

Speaker 2

4:42

same thing could be said about city ordinances, where there is a criminal code counterpart to the ordinance.

4:48

Let me explain that to you.

4:50

Now, Fitzburg have opted to adopt city ordinances that are parallel to the criminal code.

Unassigned speaker

5:00

So for city Fitchburg would have a city ordinance for battery, disorderly conduct, carrying conceived concealed weapon, prostitution, issuance of worthful checks, and a lot of citations that could be stemming from a criminal conduct.

Speaker 2

5:15

When a police officer write a citation against a citizen, alleging that the citizen have violated a penal code.

5:25

And that citizen is being prosecuted in municipal court, that citizen have got a major break.

5:32

For the outcome of a trial in municipal court is not a criminal conviction.

5:39

So if you are accused of battery in municipal court, the outcome is that I'm not gonna send you to jail, but you're gonna pay a fine.

5:48

So you got a major break.

5:50

I say all of that because I want you to know that if you are accused of one of those um penal code parallel municipal court citations, you will pay the maximum penalty as stated in the statute.

6:04

There will be no breaks in terms of how much you pay in terms of fines.

6:08

So what happened if I find you guilty?

6:11

If I find you guilty, I expect that you pay your fine tonight.

Unassigned speaker

6:14

But

Speaker 2

6:14

if you can't pay it tonight, you have to tell me why.

6:17

And I can give you time to pay it.

Discussion Breakdown — Share of Meeting
Legal Affairs█████████████████████████████████████████████57%
Driver Licensing█████████████████████26%
Public Safety██████8%
Procedural████5%
Mental Health Awareness███4%
Summary of Proceedings

Fitchburg Municipal Court Arraignment Session – October 23, 2025

The Fitchburg Municipal Court held an arraignment session on October 23, 2025. No agenda or minutes were provided, so this summary is based solely on the raw transcript. The presiding judge explained plea options, penalties, and court procedures, then heard five adult cases; all were resolved by guilty or no-contest pleas.

Judge’s Opening Remarks

  • The judge explained the three plea choices: not guilty, guilty, and no contest. A no-contest plea means the defendant believes he or she is innocent but would probably be found guilty at trial.
  • A guilty plea can be used against the defendant in later civil liability claims; a no-contest plea cannot. The judge said this is especially important in cases involving traffic accidents or alleged battery.
  • Traffic convictions carry demerit points; accumulating 12 points in one year results in suspension of driving privileges.
  • OWI defendants have a right to a jury trial at Dane County Circuit Court, not in Fitchburg.
  • The court’s philosophy is individualized justice, based on truthful mitigating circumstances and prior record, so identical citations can have different outcomes. Exceptions are alcohol/drug-related citations and city ordinances parallel to the criminal code, where maximum penalties are imposed.
  • Fines are normally due the night of the hearing, but the court can allow up to 60 days to pay; the clerk of court can schedule further 60-day extensions. If fines remain uncollectable, jail time of up to 90 days may be ordered, with a $50-per-day credit, and the city may also sue for $85-per-day jail maintenance costs.

Case Proceedings

  • DeAndre May Rothers – Cited for operating a motor vehicle after suspension of registration. He entered a plea of no contest. He said he had lent his car to someone who received a ticket in Madison, which led to suspended plates, and he had not known about it; he had since paid the underlying ticket and the registration issue was resolved. The judge imposed a $67 fine instead of $98, with zero demerit points, and said he would correct any adverse record impact affecting his job.
  • Presley Cross – Cited for zone speeding, allegedly 45 mph in a 30 mph zone. She pleaded guilty and explained she was still getting used to a speed-limit change and was clocked just as she began slowing down. She had a probationary license and a prior zone-speeding citation on December 18, 2024. The judge warned that a second citation is normally doubled; this offense would have added four points, doubled to eight, bringing her to 11 total. The judge reduced the points for this citation to three and set the fine at $78 instead of $98, while cautioning that another citation could cost her license.
  • Jameera Davis – Cited for operating a motor vehicle without a valid driver’s license. She pleaded no contest and said she had been driving a three-wheeler and did not think a license was required, though she had never had a license. The judge removed all points, reduced the fine to $78 instead of $124, and ordered her not to drive anything until she obtains a driver’s license.
  • Defendant cited for open intoxicant – The name is unclear in the transcript. The defendant pleaded guilty to possession of an open intoxicant in a motor vehicle by a driver, explaining that he had been living in the car and was not driving it, and that he now had housing and had started work that week. The judge reduced the fine from $187 to $105.
  • Darwin Alfaro – Cited for failure to stop at a stop sign and for operating a motor vehicle while under the influence of an intoxicant / operating with a prohibited blood alcohol concentration, allegedly 0.19. He pleaded guilty. The judge explained Wisconsin’s OWI penalties: a first offense is a civil conviction, a second within 10 years is criminal, and third/subsequent offenses are criminal with mandatory jail or prison time; a fourth is a felony. The judge imposed the OWI penalty of a $1,036 fine, eight months’ revocation, six demerit points, mandatory assessment at Dane County Mental Health Institute / Journey Mental Health, and an ignition interlock device on any vehicle he uses. For the stop-sign offense, he received three demerit points. Employed at Madison Kipp Foundry and paid weekly, Alfaro said he could pay about $200 every two weeks; if he could not pay in full within 60 days, the clerk could schedule an extension.

Key Outcomes

  • All five cases were resolved through guilty or no-contest pleas; no cases were set for trial.
  • Fines were reduced in several cases based on the judge’s individualized review, except for the alcohol-related OWI case, where the maximum penalty was imposed.
  • A payment plan and 60-day extension process were explained; several defendants were given time to pay.
  • The judge’s closing statement noted that the adult session had concluded.

Meeting Transcript

Please rise. The Honorable Hambi as a layer presiding. Please have a seat. So good evening. Before we start, I would like to explain to you the process that will be following tonight. Tonight's session is an arrangement session. You're going to be asked a very simple question, and that is what plea would you like to enter. You have three alternatives, and the first one is to enter a plea of not guilty, which means you believe you are innocent or you believe that the city cannot prove its case against you. Now the burden of proof is on the city to prove that you're guilty, you do not have to prove that you're innocent. Now the second alternative is the opposite. That's to enter a plea of guilty, which means you are accepting the facts and circumstances that are stated in the citation that you have already received. The third alternative is called a plea of no contest, which means though you think you're innocent, you're also 100% sure that should your case advance to a trial, you will be found guilty. In essence, there are lots of evidence against you. Now, if you enter a plea of no contest, you will be found guilty. There's one great advantage to a plea of no contest in cases involving potential liability claims in civil court. Let me explain to you too. So we have the traffic law. It means that somebody is alleging that you have hurt him or hurt her or caused damage to their property. During that proceeding, if you enter a plea of guilty, it may be used against you in such liability claims. While on the other side, if you enter a plea or no contest, it may not be used against you. And that happens a lot in cases involving car accidents or somebody alleging that you hurt them badly in batteries. So if you are faced with one of those citations, in addition to entering a plea in traffic court, you probably, if somebody sue you for damages, would have to enter a plea in civil liability cases, and whatever you enter as a plea in traffic court may be used against you. So I just like you to understand the ramification of entering a plea in this court. Always advantageous to you in cases involving potential liability claims to enter a plea of no contest rather than a plea of guilty. In this court, in traffic court, if you are found guilty for traffic citations, in addition to the fine that I'm going to ask you to pay, I will take from you something called demerit points. If in one single year you accumulate 12 demerit points, your driving privilege would be suspended. If you are here for the offense of operating a motor vehicle while under the influence of an intoxicant, also non-drunk driving, you should know that you have the right to request a jury trial. If you do so, the trial will be held at the Dane County Circuit Court. It will not be held in Pittsburgh. I would like to talk to you briefly about our philosophy in Pittsburgh. It's our philosophy to see that justice is individualized. What I mean by that is that I'm going to listen carefully to whatever mitigating circumstances that you may wish to share with me. And provided, of course, that the mitigating circumstances are truthful and believable. I'm going to also look at your past record. Based on those two source of information, I will come with a verdict. It may then mean that two people faced with identical citation may have different outcome. And this is the case in all traffic citations, with the exception of traffic citations where alcohol or drugs was a factor in the issuance of the citations. In these cases, I do not have any willingness to compromise the verdict. You'll pay the maximum penalty as stated in the statute. The same thing could be said about city ordinances, where there is a criminal code counterpart to the ordinance. Let me explain that to you. Now, Fitzburg have opted to adopt city ordinances that are parallel to the criminal code. So for city Fitchburg would have a city ordinance for battery, disorderly conduct, carrying conceived concealed weapon, prostitution, issuance of worthful checks, and a lot of citations that could be stemming from a criminal conduct. When a police officer write a citation against a citizen, alleging that the citizen have violated a penal code. And that citizen is being prosecuted in municipal court, that citizen have got a major break.

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