345.47(1)(b)
(b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by
s. 165.87, and the jail assessment, if required by
s. 302.46 (1), but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under
s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.
345.47(1)(c)
(c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by
s. 165.87, and a jail assessment, if required by
s. 302.46 (1), imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment and jail assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under
s. 343.21 (1) (j), the department shall return the surrendered license.
345.47(1)(d)
(d) In addition to or in lieu of imprisonment or suspension under
par. (a) or
(b), the court may notify the department, in the form and manner prescribed by the department, that a judgment has been entered against the defendant and remains unpaid. The notice shall include the name and last-known address of the person against whom the judgment was entered, the date judgment was entered, the amount of the judgment, the license number of the vehicle involved, certification by the court that a warrant has been served on the person against whom the judgment was entered or, in the case of a judgment entered under
s. 345.28, that the person has been notified of the entry of judgment and the judgment remains unpaid and the place where the judgment may be paid. If the person subsequently pays the judgment the court shall immediately notify the department of the payment in the form and manner prescribed by the department.
345.47(1m)
(1m) If the action is in municipal court, the court shall determine, at the time of entering judgment under
sub. (1), whether incarceration may be ordered for noncompliance with a judgment or order under this section. If incarceration may be ordered because of the defendant's subsequent noncompliance with the judgment, the provisions of
s. 800.095 (1) to
(3) and
(4) (a) apply.
345.47(2)
(2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.
345.47(3)
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment or a jail assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.
345.47 Annotation
Imprisonment or suspension of license under 345.47 (1) (a) and (b) does not eliminate liability of defendant for payment of $150 surcharge under 346.655.
73 Atty. Gen. 24.
345.48
345.48
Reporting pending appeal. 345.48(1)
(1) In this section, "working days" means all days except Saturdays, Sundays and legal holidays under
s. 895.20.
345.48(1m)
(1m) If the defendant is found guilty the court shall, within 5 working days, forward to the department the record of such conviction.
345.48(2)
(2) If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under
s. 343.31, or for which the court revokes or suspends his or her operating privilege under
s. 343.30, the court shall immediately take possession of the suspended or revoked license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under
sub. (1m).
345.48(3)
(3) If no notice of appeal is filed within 10 days, the court shall, within 5 working days after expiration of the 10-day period, forward to the department any surrendered license.
345.48(4)
(4) If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed and shall return any surrendered license. Thereafter, the court shall notify the department as required under
s. 343.325 (1) (b) and
(c).
345.48 History
History: 1971 c. 278;
1977 c. 29 s.
1654 (7) (a);
1983 a. 304;
1985 a. 135 s.
85; Sup. Ct. Order, 146 W (2d) xiii (1975);
1991 a. 39;
1993 a. 16.
345.49
345.49
Procedure on imprisonment; nonpayment of forfeiture or assessments. 345.49(1)
(1) Any person imprisoned under
s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by
s. 165.87, or a jail assessment, if required by
s. 302.46 (1), may, on request, be allowed to work under
s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment or jail assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.
345.49(2)
(2) Any person who is subject to imprisonment under
s. 345.47 for nonpayment of a forfeiture, penalty assessment or jail assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment or jail assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment or jail assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment or jail assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in
sub. (1) or
s. 345.47.
345.50(1)(1)
Jurisdiction on appeal. An appeal from circuit court shall be to the court of appeals.
345.50(2)
(2) Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture plus court costs.
345.50 History
History: 1971 c. 278; Sup. Ct. Order, 67 W (2d) 585, 776 (1975);
1977 c. 187,
305;
1977 c. 449 s.
497.
345.51
345.51
Reopening of default judgment. Except as provided in
ss. 345.36 and
345.37, there shall be no reopening of default judgments unless allowed by order of the trial court after notice and motion duly made and upon good cause shown. The notice of motion shall be filed within 6 months after the judgment is entered in the court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
345.52
345.52
No double prosecution. 345.52(1)
(1) A judgment on the merits in a traffic ordinance action bars any proceeding under a state statute for the same violation. A judgment on the merits in an action under a state statute bars any proceeding under a traffic ordinance enacted in conformity with the state statute for the same violation.
345.52(2)
(2) The pendency of an action under a traffic ordinance is grounds for staying an action under a state statute for the same violation. The pendency of an action under a state statute is grounds for staying an action under a traffic ordinance enacted in conformity with the state statute for the same violation.
345.52 History
History: 1971 c. 278.
345.53
345.53
Costs not taxed against plaintiff. In traffic regulation actions in all courts, costs may not be taxed against the plaintiff.
345.53 History
History: 1971 c. 278.
345.55
345.55
Traffic officers not to profit from arrests. 345.55(1)
(1) No traffic officer shall demand, solicit, receive or be paid any remuneration upon the basis of number of arrests made, convictions obtained or amount of fines collected.
345.55(2)
(2) Any person violating this section may be required to forfeit not less than $25 nor more than $200 for the first offense and, for the second and each subsequent conviction within one year thereafter, may be required to forfeit not less than $50 nor more than $500.
345.55 History
History: 1971 c. 278 s.
42; Stats. 1971 s. 345.55.
345.55 Annotation
Violation of this section does not invalidate otherwise valid citation. State v. Brown, 107 W (2d) 44, 318 NW (2d) 370 (1982).
345.60
345.60
Penalty of compulsory safety school attendance. 345.60(1)(1) Except as provided in
sub. (3), in addition to or in lieu of other penalties provided by law for violation of
chs. 346 to
348, the trial court may in its judgment of conviction order the convicted person to attend, for a certain number of school days, a traffic safety school whose course and mode of instruction is approved by the secretary and which is conducted by the police department of the municipality, the sheriff's office of the county or by any regularly established safety organization.
345.60(2)
(2) This section also applies in the case of an adjudication of violation of a local traffic regulation which is in conformity with
chs. 346 to
348.
345.60(3)
(3) In addition to other penalties provided by law for violation of
s. 346.63 (1) or a local ordinance in conformity therewith, or
s. 346.63 (2) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the convicted person may be required under
s. 343.30 (1q) to attend, for a certain number of school days, a school under
sub. (1).
345.60 Annotation
Convicted drunk drivers may be sent to safety school in lieu of other penalties. 60 Atty. Gen. 261.
345.60 Annotation
The court may not waive the revocation of operating privileges by the division of motor vehicles as required by 343.31 (1) (b). 62 Atty. Gen. 31.
345.61
345.61
Guaranteed traffic arrest bonds. 345.61(1)
(1)
Surety companies authorized to guarantee. 345.61(1)(a)(a) Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed $200 with respect to any guaranteed arrest bond certificates issued in such year by an automobile club, association or by an insurance company authorized to write automobile liability insurance within this state, by filing with the commissioner of insurance an undertaking thus to become surety.
345.61(1)(b)
(b) An association providing a guaranteed arrest bond certificate may obligate itself in an amount not to exceed $1,000 for violations of
ch. 348. All courts in this state must accept such guaranteed arrest bond certificate. When a state traffic patrol officer or state inspector or any local law enforcement officer stops an operator of a vehicle having possession of a valid guaranteed arrest bond certificate, the officer or inspector shall obtain the necessary information for a citation and if such guaranteed arrest bond covers the fine for the violation such officer shall release such vehicle and operator.
345.61(2)
(2) Form of bond. Such undertaking shall be in the form prescribed by the commissioner of insurance and shall state the following:
345.61(2)(a)
(a) The name and address of the automobile clubs, association or companies with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety.
345.61(2)(b)
(b) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed $200, or $1,000 as provided in
sub. (1) (b), of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which, the guaranteed arrest bond certificate was posted.
345.61(2)(c)
(c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by
s. 165.87 and the jail assessment required by
s. 302.46 (1), in an amount not exceeding $200, or $1,000 as provided in
sub. (1) (b).
345.61(2)(d)
(d) A guaranteed arrest bond certificate under
sub. (1) (b) need not be secured by a surety company. The commissioner of insurance may promulgate rules to insure such bond if the commissioner feels it necessary.
345.61(3)
(3) Any guaranteed arrest bond certificate with respect to which a surety company has become surety, or a guaranteed arrest bond certificate issued by an insurance company authorized to transact both automobile liability insurance and surety business within this state as herein provided, shall, when posted by the person whose signature appears thereon, be accepted in lieu of cash bail or other bond in an amount not to exceed $200, or $1,000 as provided in
sub. (1) (b), as a bail bond, to guarantee the appearance of such person in any court in this state, including all municipal courts in this state, at such time as may be required by such court, when the person is arrested for violation of any vehicle law of this state or any motor vehicle ordinance of any county or municipality in this state except for the offense of driving under the influence of intoxicating liquors or of drugs or for any felony committed prior to the date of expiration shown on such guaranteed arrest bond certificates; provided, that any such guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as otherwise provided by law or as hereafter may be provided by law, and that any such guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions, if any, of the charter or ordinance of the particular county or municipality pertaining to bail bonds posted.
