345.28(5m)(a)(a) No notice under
sub. (4) (a) may be sent to the department, or if the notice has already been sent the notice shall be canceled, and no further action may be taken against the owner under
sub. (4) or
(5) or
s. 341.10 (7m) or
341.63 (1) (c) if:
345.28(5m)(a)1.
1. The vehicle involved in a nonmoving traffic violation is owned by a person engaged in the business of renting or leasing motor vehicles;
345.28(5m)(a)2.
2. At the time of the violation the vehicle was in the possession of a renter or lessee;
345.28(5m)(a)3.
3. The owner of the vehicle provides the information required under
s. 343.46 (3) for such renter or lessee to the authority who issued the citation within 10 days after the 2nd notice was sent to the owner under
sub. (4) (c); and
345.28(5m)(a)4.
4. After being notified by the authority, the renter or lessee identified under
subd. 3. pays the forfeiture or appears in court in response to the citation for the nonmoving traffic violation within 30 days after the 2nd notice from the authority is mailed.
345.28(5m)(b)
(b) If the renter or lessee does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation, the authority may notify the department under
sub. (4) (a) 1. that a citation has been issued to the person and the citation remains unpaid. The action which the authority shall specify that the department take under
sub. (4) (a) 2. is limited to refusal of the registration of any vehicle owned by the renter or lessee.
345.28(5m)(c)1.1. If the renter or lessee does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation within 30 days after the 2nd notice from the authority is mailed to the renter or lessee, the owner shall pay the authority 50% of the forfeiture applicable to the nonmoving traffic violation. The authority shall notify the owner in writing of its responsibility for this payment.
345.28(5m)(c)2.
2. If the owner does not pay 50% of the forfeiture applicable to the citation within 30 days after notice under
subd. 1. has been mailed to the owner, the authority may send a notice to the department under
sub. (4) (a) 1. The action which the authority shall specify that the department take under
sub. (4) (a) 2. is limited to suspension of the registration of the vehicle involved in the nonmoving traffic violation.
345.28(5m)(d)
(d) The notices to the renter or lessee required under
sub. (4) (b) shall be mailed on 2 separate days to the last-known address of the renter or lessee and shall include the information specified in
sub. (4) (c) and the name of the owner of the vehicle.
345.28(6)
(6) No person may be arrested or imprisoned under
s. 345.47 (1) (a) or
ch. 785 for failure to pay a judgment assessed under this section and
s. 345.47.
345.28(7)
(7) Nothing in this section prevents a court from issuing a warrant under
s. 345.36 or
345.37 if the person appears in court in response to a citation for a nonmoving traffic violation or after notice by the authority who issued the citation or the department under
sub. (4) or on the date specified by the officer or the court under
sub. (5) and then fails to appear in court at any time fixed by subsequent postponement. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subsection may be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance.
345.30
345.30
Jurisdiction. Jurisdiction over actions for violation of traffic regulations and nonmoving traffic violations is conferred upon circuit courts. Municipal courts shall have jurisdiction over traffic regulations enacted in accordance with
s. 349.06 and over actions for violations of nonmoving traffic ordinances enacted in accordance with
s. 349.06 or
349.13.
345.31
345.31
Venue in traffic regulation actions. Section 971.19 on place of trial in criminal actions applies to actions for the violation of traffic regulations and nonmoving traffic violations except that, in the case of a violation of an ordinance of a municipality which is located in more than one county, the action may be brought in any court sitting in that municipality even though in another county. As an alternative, the plaintiff may bring the action in the county where the defendant resides.
345.31 History
History: 1971 c. 278;
1981 c. 165.
345.315(1)(1) In traffic regulation and nonmoving traffic violation cases a person charged with a violation may file a written request for a substitution of a different judge for the judge originally assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. If a new judge is assigned to the trial of a case and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 10 days of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 10 days of the date set for trial, the request shall be filed within 48 hours of the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notification occurs within 48 hours of the trial or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings. The judge against whom a request has been filed may set initial bail and accept a plea.
345.315(1m)
(1m) When the clerk of court receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under
s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary.
345.315(2)
(2) Except as provided in
sub. (5), no more than one judge can be disqualified in any action.
345.315(3)
(3) In a court of record assignment of judges shall be made as provided in
s. 751.03.
345.315(5)
(5) If upon an appeal from a judgment or order or upon a writ of error the appellate court orders a new trial or reverses or modifies the judgment or order in a manner such that further proceedings in the trial court are necessary, the person charged with a violation may file a request under
sub. (1) within 20 days after the entry of the judgment or decision of the appellate court whether or not another request was filed prior to the time the appeal or writ of error was taken.
345.315 Note
Judicial Council Note, 1977: This section has been amended so that a judge against whom a substitution of judge request has been filed in traffic regulation cases may, however, set initial bail and accept a plea. The provision that all defendants must join in any substitution of judge request has been deleted to conform to a provision in
chapter 149, laws of 1975. In addition, the transfer fee from municipal to county court has been deleted and a municipal justice will no longer retain the option of transferring the case to another municipal justice rather than county court when a request for substitution has been filed against him or her. [Bill 74-S]
345.315 Note
Judicial Council Note, 1983: Sub. (1) is amended by conforming the procedure for requesting the substitution of a judge other than the judge originally assigned to the trial of a traffic regulation case to that specified for criminal actions in s. 971.20 (5), stats. The time deadlines are made to run from the time of giving actual notice or sending the notice of assignment to the defendant or the defendant's attorney rather than receipt thereof, which is difficult to determine and therefore causes problems in the administration of justice. [Bill 148-S]
345.32
345.32
Initial appearance before judge. If a defendant is arrested and brought without unreasonable delay before a judge who, or a court which, does not have jurisdiction to try the case, the defendant shall be committed to await trial in a court with jurisdiction and all papers shall be sent forthwith to that court. In lieu of commitment, the judge may release the defendant if the defendant posts bond for the defendant's appearance in such court, or the judge may release the defendant on the defendant's recognizance for such appearance, or the judge may release the defendant without bail. The court to which the case is sent may similarly release the defendant.
345.32 History
History: 1971 c. 278;
1991 a. 316.
345.34
345.34
Arraignment; pleas. 345.34(1)(1) If the defendant appears in response to a citation, or is arrested and brought before a court with jurisdiction to try the case, the defendant shall be informed that he or she is entitled to a jury trial and then asked whether he or she wishes presently to plead, or whether he or she wishes a continuance. If the defendant wishes to plead, the defendant may plead guilty, not guilty or no contest.
345.34(2)
(2) If the defendant pleads guilty or no contest, the court shall accept the plea, find the defendant guilty and proceed under
s. 345.47.
345.34(3)
(3) If a summons is served or citation is issued by a police officer for a violation of any municipal ordinance or of
chs. 194 or
340 to
348 and
350, the defendant may enter a plea of not guilty based on such summons or citation by letter to the judge at the address indicated on the summons or citation, the letter to show the defendant's return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by mail to the defendant's address setting forth a time and place for trial, the time to be during normal business hours if requested by the defendant. The date of the trial shall be at least 10 days from the mailing by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.
345.34 Annotation
Courts may not dismiss traffic complaints on payment of penalty and costs, or costs alone. 63 Atty. Gen. 328.
345.35
345.35
Not guilty plea; immediate trial. 345.35(1)
(1) If the defendant pleads not guilty, the court shall ascertain whether the defendant wishes an immediate trial or whether the defendant wishes a continuance. The plaintiff shall also be entitled to a continuance if the defendant pleads not guilty.
345.35(2)
(2) If the defendant pleads not guilty and states that he or she waives the right to jury trial and wishes an immediate trial, the case may be tried forthwith if the plaintiff consents.
345.35 History
History: 1971 c. 278;
1991 a. 316.
345.36
345.36
Not guilty plea; continuance; failure to appear. 345.36(1)(1) If the defendant pleads not guilty and requests a continuance the court shall set a date for trial or advise the defendant that notice will later be sent of the date set for trial. The court shall release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial.
345.36(2)
(2) If a defendant fails to appear at the date set under
sub. (1), the court shall either:
345.36(2)(a)
(a) Issue a warrant under
ch. 968 and, if the defendant has posted bond for appearance at that date, the court may order the bond forfeited; or
345.36(2)(b)
(b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under
s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.
345.36(3)
(3) If the offense involved is a nonmoving traffic violation and the defendant is subject to
s. 345.28 (5) (c), a default judgment may be entered and opened as provided in
s. 345.28 (5) (c).
345.37
345.37
Procedure on default of appearance. If the defendant fails to appear in court at the time fixed in the citation or by subsequent postponement, the following procedure shall apply:
345.37(1)
(1) If the defendant has not made a deposit under
s. 345.26, the court shall either:
345.37(1)(a)
(a) Issue a warrant under
ch. 968 and, if the defendant has posted a bond for appearance at that date, the court may order the bond forfeited; or
345.37(1)(b)
(b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under
s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to
s. 345.28 (5) (c), a default judgment may be entered and opened as provided in
s. 345.28 (5) (c).
345.37(2)
(2) If the defendant has made a deposit under
s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by
s. 165.87, and a jail assessment, if required by
s. 302.46 (1), plus costs, including any applicable fees prescribed in
ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under
ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under
ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.
345.37(5)
(5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by
s. 165.87, and the jail assessment, if required by
s. 302.46 (1), shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.
345.37(6)
(6) Any person who fails to comply with this section relative to forwarding records of convictions to the department may be fined not more than $100.
345.375
345.375
Judgment against a corporation or limited liability company. 345.375(1)(1) If a corporation or limited liability company fails to appear within the time required by the citation, the default of such corporation or limited liability company may be recorded and the charge against it taken as true and judgment shall be rendered accordingly.
345.375(2)
(2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under
s. 165.87, and the jail assessment, if required by
s. 302.46 (1), shall be entered.
345.38
345.38
Effect of plea of no contest. The forfeiture of a deposit under
s. 345.37 (2) to a charge of violation of a traffic regulation shall not be admissible in evidence as an admission against interest in any action or proceeding arising out of the same occurrence as the charge of violation of a traffic regulation.
345.38 History
History: 1971 c. 278;
1989 a. 170.
345.40
345.40
Pleading. A citation which complies with
s. 345.11 or a complaint which complies with the appropriate provisions of
ch. 968 may be used as the initial pleading, or the municipal judge, clerk or a deputy of the clerk may enter upon the records of the court a statement of the offense charged, which shall stand as a complaint, unless the court directs that formal complaint be made. Several counts may be joined in one complaint or a separate complaint may be prepared for each separate violation. The defendant's plea shall be guilty, no contest or not guilty and shall be entered as not guilty upon failure to plead. A plea of not guilty shall put all matters in such case at issue.
345.40 History
History: 1971 c. 278;
1985 a. 332.
345.41
345.41
Motion to dismiss. Defenses which could be taken by pleas in abatement, in bar, demurrers and motions to quash shall be raised by motion to dismiss, which motion shall be made before any trial on the merits, or be waived.
345.41 History
History: 1971 c. 278.
345.42
345.42
Preliminary proceedings. 345.42(1)
(1) In civil actions under this chapter, oral argument permitted on motions under
s. 345.41 or
345.421 may be heard by telephone under
s. 807.13 (1). Any pretrial or scheduling conference may be conducted by telephone under
s. 807.13 (3) and any pretrial conference may be conducted on the trial date.
345.42(2)
(2) There shall be no preliminary examination.
345.42 History
History: 1971 c. 278; Sup. Ct. Order, 141 W (2d) xiii (1987).
345.421
345.421
Discovery. Neither party is entitled to pretrial discovery except that if the defendant moves within 10 days after the alleged violation and shows cause therefor, the court may order that the defendant be allowed to inspect and test under
s. 804.09 and under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed, including without limitation, devices used to determine presence of alcohol in breath or body fluid or to measure speed, and may inspect under
s. 804.09 the reports of experts relating to those devices.
345.421 History
History: 1971 c. 278; Sup. Ct. Order, 67 W (2d) 585, 776 (1975);
1975 c. 218.
345.421 Annotation
This section applies to civil as well as criminal traffic charges. City of Lodi v. Hine, 107 W (2d) 118, 318 NW (2d) 383 (1982).
345.421 Annotation
When blood alcohol content is tested under statutory procedures, results of test are mandatorily admissible. Physical sample tested is not evidence intended, required, or even susceptible of being produced by state under 971.23 (4) and (5). State v. Ehlen, 119 W (2d) 451, 351 NW (2d) 503 (1984).
345.422
345.422
No guardian ad litem. No guardian ad litem need be appointed for any defendant.
345.422 History
History: 1971 c. 278.
345.425(1)(1) The defendant shall be informed of his or her right to a jury trial in circuit court on payment of fees required by
s. 345.43 (1).
345.425(2)
(2) If both parties, in a court of record, request a trial by the court or if neither demands a trial by jury, the right to a trial by jury is waived.
345.43(1)(1) If a case has been transferred under
s. 800.04 (1) (d), or if in circuit court either party files a written demand for a jury trial within 10 days after the defendant enters a plea of not guilty under
s. 345.34 and immediately pays the fee prescribed in
s. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be determined under
s. 756.096 (3) (b). If no party demands a trial by jury, the right to trial by jury is permanently waived.
345.43(3)(a)(a) If a jury is demanded, in counties having a population of 500,000 or more, the jury shall be drawn from the circuit court jury panel and selected as set forth under
chs. 801 to
847.In all other counties, such juries shall be selected as provided in
pars. (b) and
(c), except that any party may demand trial by a countywide jury and that the clerk shall select, by lot, the names of sufficient persons qualified to serve as jurors as will provide to each party entitled to peremptory challenges the number of challenges specified in
par. (b).
345.43(3)(b)
(b) If a timely demand for a jury is made, the judge shall direct the clerk of the court to select by lot from the current jury panel the names of a sufficient number of residents of the county qualified to serve as jurors in courts of record, from which lists either party may strike 5 names. If either party neglects to strike out names, the clerk shall strike out names for the party. The judge shall permit voir dire examinations and challenges for cause. The clerk shall summon a sufficient number of persons whose names are not struck out, to appear at the time and place named in the summons.
345.43(3)(c)
(c) Jurors may all be residents of a municipality in which the court is held unless the defendant demands a countywide jury. For this purpose a municipal jury list may be established, known as the ".... (name of municipality) jury list", which shall be constituted as follows: The clerk of circuit court, or the jury commissioners if appointed by the circuit court of the county in which the municipality is located, shall, from time to time as required by the court, provide and furnish a list containing the names of 200 jurors selected by the clerk or commissioners from citizens residing within the municipality involved. The judge or judges of the court may by court order direct the clerk of circuit court or the jury commissioners to furnish a list of less than 200 jurors, but in no event shall such list contain less than 50 names. Except as herein provided, the provisions of
s. 756.04, relating to the preparation of jury lists for the circuit court, so far as applicable, shall apply to and govern the preparation of such list, but the slips containing the names of jurors so selected shall be deposited in a box designated the ".... name of municipality) jury list".
345.43(5)
(5) In a jury trial of a traffic regulation case, the court is not required to provide the jury with one complete set of written instructions under
s. 805.13 (4).
345.43 Annotation
Requirement that defendant prepay jury fees in civil traffic forfeiture action is constitutional. State v. Graf, 72 W (2d) 179, 240 NW (2d) 387.
345.43 Annotation
Ten-day period for jury demand did not begin at initial appearance where accused requested continuance rather than entering plea under 345.34 (1). City of Madison v. Donohoo, 118 W (2d) 646, 348 NW (2d) 170 (1984).
345.45
345.45
Burden of proof. The standard of proof for conviction of any person charged with violation of any traffic regulation shall be evidence that is clear, satisfactory and convincing.
