AB100-engrossed,1927,209
345.36
(2) (b) Deem the nonappearance a plea of no contest and enter judgment
10accordingly. If the defendant has posted bond for appearance at that date, the court
11may also order the bond forfeited. The court shall promptly mail a copy of the
12judgment to the defendant. The judgment shall allow not less than 20 days from the
13date thereof for payment of any forfeiture, penalty assessment, jail assessment
,
14crime laboratories and drug law enforcement assessment and costs imposed. If the
15defendant moves to open the judgment within 20 days after the date set for trial, and
16shows to the satisfaction of the court that the failure to appear was due to mistake,
17inadvertence, surprise or excusable neglect, the court shall open the judgment,
18reinstate the not guilty plea and set a new trial date. The court may impose costs
19under s. 814.07. The court shall immediately notify the department to delete the
20record of conviction based upon the original judgment.
AB100-engrossed,1928,1022
345.37
(1) (b) Deem the nonappearance a plea of no contest and enter judgment
23accordingly. If the defendant has posted bond for appearance at that date, the court
24may also order the bond forfeited. The court shall promptly mail a copy or notice of
25the judgment to the defendant. The judgment shall allow not less than 20 days from
1the date thereof for payment of any forfeiture, penalty assessment
, crime
2laboratories and drug law enforcement assessment and costs imposed. If the
3defendant moves to open the judgment within 6 months after the court appearance
4date fixed in the citation, and shows to the satisfaction of the court that the failure
5to appear was due to mistake, inadvertence, surprise or excusable neglect, the court
6shall open the judgment, accept a not guilty plea and set a trial date. The court may
7impose costs under s. 814.07. The court shall immediately notify the department to
8delete the record of conviction based upon the original judgment. If the offense
9involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5)
10(c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
AB100-engrossed,1929,212
345.37
(2) If the defendant has made a deposit under s. 345.26, the citation may
13serve as the initial pleading and the defendant shall be deemed to have tendered a
14plea of no contest and submitted to a forfeiture and a penalty assessment, if required
15by s. 165.87,
and a jail assessment, if required by s. 302.46 (1),
and a crime
16laboratories and drug law enforcement assessment, if required by s. 165.755, plus
17costs, including any applicable fees prescribed in ch. 814, not exceeding the amount
18of the deposit. The court may either accept the plea of no contest and enter judgment
19accordingly, or reject the plea and issue a summons under ch. 968. If the defendant
20fails to appear in response to the summons, the court shall issue a warrant under ch.
21968. If the court accepts the plea of no contest, the defendant may move within 6
22months after the date set for the appearance to withdraw the plea of no contest, open
23the judgment and enter a plea of not guilty upon a showing to the satisfaction of the
24court that the failure to appear was due to mistake, inadvertence, surprise or
25excusable neglect. If on reopening the defendant is found not guilty, the court shall
1immediately notify the department to delete the record of conviction based on the
2original proceeding and shall order the defendant's deposit returned.
AB100-engrossed,1929,94
345.37
(5) Within 5 working days after forfeiture of deposit or entry of default
5judgment, the official receiving the forfeiture, the penalty assessment, if required by
6s. 165.87,
and the jail assessment, if required by s. 302.46 (1),
and the crime
7laboratories and drug law enforcement assessment, if required by s. 165.755, shall
8forward to the department a certification of the entry of default judgment or a
9judgment of forfeiture.
AB100-engrossed,1929,1511
345.375
(2) Upon default of the defendant corporation or limited liability
12company or upon conviction, judgment for the amount of the forfeiture, the penalty
13assessment, if required under s. 165.87,
and the jail assessment, if required by s.
14302.46 (1),
and the crime laboratories and drug law enforcement assessment, if
15required under s. 165.755, shall be entered.
AB100-engrossed,1929,2317
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
18judgment against the defendant for a monetary amount not to exceed the maximum
19forfeiture, penalty assessment, if required by s. 165.87,
and the jail assessment, if
20required by s. 302.46 (1),
and the crime laboratories and drug law enforcement
21assessment, if required by s. 165.755, provided for the violation and for costs under
22s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
23s. 343.30. If the judgment is not paid, the court shall order:
AB100-engrossed,1930,8
1345.47
(1) (b) In lieu of imprisonment and in addition to any other suspension
2or revocation, that the defendant's operating privilege be suspended for 30 days or
3until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
4and the jail assessment, if required by s. 302.46 (1),
and the crime laboratories and
5drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years.
6Suspension under this paragraph shall not affect the power of the court to suspend
7or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
8operating privilege.
AB100-engrossed,1930,2210
345.47
(1) (c) If a court or judge suspends an operating privilege under this
11section, the court or judge shall immediately take possession of the suspended license
12and shall forward it to the department together with the notice of suspension, which
13shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
14assessment, if required by s. 165.87,
and a jail assessment, if required by s. 302.46
15(1),
and a crime laboratories and drug law enforcement assessment, if required by
16s. 165.755, imposed by the court. The notice of suspension and the suspended license,
17if it is available, shall be forwarded to the department within 48 hours after the order
18of suspension. If the forfeiture, penalty assessment
and
, jail assessment
and crime
19laboratories and drug law enforcement assessment are paid during a period of
20suspension, the court or judge shall immediately notify the department. Upon
21receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the
22department shall return the surrendered license.
AB100-engrossed,1931,324
345.47
(2) The payment of any judgment may be suspended or deferred for not
25more than 60 days in the discretion of the court. In cases where a deposit has been
1made, any forfeitures, penalty assessments, jail assessments
, crime laboratories and
2drug law enforcement assessments and costs shall be taken out of the deposit and
3the balance, if any, returned to the defendant.
AB100-engrossed,1931,95
345.47
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a
6penalty assessment,
or a jail assessment
or a crime laboratories and drug law
7enforcement assessment for an action brought by a municipality located in more
8than one county, any commitment to a county institution shall be to the county in
9which the action was tried.
AB100-engrossed,1931,1811
345.49
(1) Any person imprisoned under s. 345.47 for nonpayment of a
12forfeiture, a penalty assessment, if required by s. 165.87,
or a jail assessment, if
13required by s. 302.46 (1),
or a crime laboratories and drug law enforcement
14assessment, if required by s. 165.755, may, on request, be allowed to work under s.
15303.08. If the person does work, earnings shall be applied on the unpaid forfeiture,
16penalty assessment
or, jail assessment
or crime laboratories and drug law
17enforcement assessment after payment of personal board and expenses and support
18of personal dependents to the extent directed by the court.
AB100-engrossed,1932,620
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
21nonpayment of a forfeiture, penalty assessment
or, jail assessment
or crime
22laboratories and drug law enforcement assessment may be placed on probation to
23some person satisfactory to the court for not more than 90 days or until the forfeiture,
24penalty assessment
or, jail assessment
or crime laboratories and drug law
25enforcement assessment is paid if that is done before expiration of the 90-day period.
1The payment of the forfeiture, penalty assessment
or, jail assessment
or crime
2laboratories and drug law enforcement assessment during that period shall be a
3condition of the probation. If the forfeiture, penalty assessment
or, jail assessment
4or crime laboratories and drug law enforcement assessment is not paid or the court
5deems that the interests of justice require, probation may be terminated and the
6defendant imprisoned as provided in sub. (1) or s. 345.47.
AB100-engrossed,1932,208
345.61
(2) (c) "Guaranteed arrest bond certificate" as used in this section means
9any printed card or other certificate issued by an automobile club, association or
10insurance company to any of its members or insureds, which card or certificate is
11signed by the member or insureds and contains a printed statement that the
12automobile club, association or insurance company and a surety company, or an
13insurance company authorized to transact both automobile liability insurance and
14surety business, guarantee the appearance of the persons whose signature appears
15on the card or certificate and that they will in the event of failure of the person to
16appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
17including the penalty assessment required by s. 165.87
and
, the jail assessment
18required by s. 302.46 (1)
and the crime laboratories and drug law enforcement
19assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as
20provided in sub. (1) (b).
AB100-engrossed,1933,223
346.01
(2) In this chapter, notwithstanding s. 340.01 (42), "owner" means, with
24respect to a vehicle that is registered, or is required to be registered, by a lessee of
25the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner
1liability under ss. 346.175, 346.195, 346.205, 346.457, 346.465, 346.485, 346.505 (3)
2and 346.945.
AB100-engrossed,1933,64
346.175
(1) (a)
The Subject to s. 346.01 (2), the owner of a vehicle involved in
5a violation of s. 346.04 (3) for fleeing a traffic officer shall be presumed liable for the
6violation as provided in this section.
AB100-engrossed,1933,108
346.195
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
9violation of s. 346.19 (1) for failing to yield the right-of-way to an authorized
10emergency vehicle shall be liable for the violation as provided in this section.
AB100-engrossed,1933,1412
346.205
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
13violation of s. 346.20 (1) for failing to yield the right-of-way to a funeral procession
14shall be liable for the violation as provided in this section.
AB100-engrossed,1933,1816
346.457
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
17violation of s. 346.455 (1) or (2) shall be liable for the violation as provided in this
18subsection.
AB100-engrossed,1933,2120
346.465
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
21violation of s. 346.46 (2m) shall be liable for the violation as provided in this section.
AB100-engrossed,1933,2423
346.485
(1) The Subject to s. 346.01 (2), the owner of a vehicle involved in a
24violation of s. 346.48 (1) shall be liable for the violation as provided in this section.
AB100-engrossed,1934,2
1346.505
(3) (a)
The Subject to s. 346.01 (2), the owner of a vehicle involved in
2a violation of sub. (2) shall be liable for the violation as provided in this subsection.
AB100-engrossed,1934,114
346.63
(2m) If a person has not attained the
age of 19 legal drinking age, as
5defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while
6he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One
7penalty for violation of this subsection is suspension of a person's operating privilege
8under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
9at any time. If a person arrested for a violation of this subsection refuses to take a
10test under s. 343.305, the refusal is a separate violation and the person is subject to
11revocation of the person's operating privilege under s. 343.305 (10) (em).
AB100-engrossed, s. 4167m
12Section 4167m. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a)
131. (intro.) and amended to read:
AB100-engrossed,1934,2014
346.65
(6) (a) 1. (intro.) Except as provided in this paragraph, the court
may
15order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not
16ordered seized, shall order
a law enforcement officer the owner of a motor vehicle to
17equip the motor vehicle with an ignition interlock device
or under s. 110.10 or order
18a law enforcement officer to immobilize any motor vehicle owned by the person
whose 19if the owner has 2 suspensions, revocations or convictions within a 10-year period,
20as counted under s. 343.307 (1), and the owner:
AB100-engrossed,1934,22
21a. Has had his or her operating privilege
is revoked under s. 343.305 (10)
or
22who.
AB100-engrossed,1935,2
23b. Has committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
24(1) (a) or (b) or 940.25 (1) (a) or (b)
if the person whose operating privilege is revoked
25under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions,
1revocations or convictions within a 10-year period that would be counted under s.
2343.307 (1).
AB100-engrossed,1935,5
31m. The court shall not order a motor vehicle equipped with an ignition
4interlock device or immobilized if that
order would result in undue hardship
or
5extreme inconvenience or would endanger the health and safety of a person.
AB100-engrossed,1935,127
346.65
(6) (a) 1r. When ordering a person to equip a motor vehicle with an
8ignition interlock device under subd. 1., the court may consider the person's ability
9to pay for the cost of complying with the order. If the court determines that the person
10is unable to pay the full cost of complying with the order, the court may reduce the
11amount of the fine imposed, but may not reduce the fine imposed below the minimum
12fine specified for the violation.
AB100-engrossed,1936,414
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
15proving to a reasonable certainty by the greater weight of the credible evidence that
16the motor vehicle is a motor vehicle owned by a person who committed a violation of
17s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and,
18if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions
19or revocations within a 10-year period as counted under s. 343.307 (1) or, if the
20seizure is under par. (a) 2.,
that the owner had 3 or more prior convictions,
21suspensions or revocations within a 10-year period as counted under s. 343.307 (1).
22If the owner of the motor vehicle proves by a preponderance of the evidence that he
23or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
24(1) (a) or (b) or 940.25 (1) (a) or (b), or,
if the seizure is under par. (a) 1., that he or she
25did not have 2 prior convictions, suspensions or revocations within a 10-year period
1as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2.,
that he or she
2did not have 3 or more prior convictions, suspensions or revocations within a 10-year
3period as counted under s. 343.307 (1), the motor vehicle shall be returned to the
4owner upon the payment of storage costs.
AB100-engrossed,1936,116
346.655
(1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for
7a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s.
8346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle,
9it shall impose a driver improvement surcharge in an amount of
$300 $340 in
10addition to the fine or forfeiture, penalty assessment
and
, jail assessment
and crime
11laboratories and drug law enforcement assessment.
AB100-engrossed,1936,1613
346.655
(2) (a) Except as provided in par. (b), the clerk of court shall collect and
14transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
15(2) (m). The county treasurer shall then make payment of
29.2% 37.6% of the amount
16to the state treasurer as provided in s. 59.25 (3) (f) 2.
AB100-engrossed,1936,2117
(b) If the forfeiture is imposed by a municipal court, the court shall transmit
18the amount to the treasurer of the county, city, town or village, and that treasurer
19shall make payment of
29.2% 37.6% of the amount to the state treasurer as provided
20in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the
21remaining
70.8% 62.4% of the amount to the treasurer of the county.
AB100-engrossed,1936,25
23346.665 Definition. In ss. 346.67 to 346.72, notwithstanding s. 340.01 (42),
24"owner" means, with respect to a vehicle that is registered, or required to be
25registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle.
AB100-engrossed,1937,42
346.94
(13) Abandoned motor vehicles. No person may cause a motor vehicle
3to be abandoned, within the meaning of s. 342.40
(1)
(1m) or (4) (b) 1., on or along any
4highway or on any public or private property.
AB100-engrossed,1937,86
346.945
(1) (a)
The Subject to s. 346.01 (2), the owner of a vehicle involved in
7a violation of s. 346.94 (16) shall be presumed liable for the violation as provided in
8this section.
AB100-engrossed,1937,1010
347.02
(1) (h) Golf carts operated in accordance with s. 349.18 (1) (b)
or (c).
AB100-engrossed,1937,2412
347.413
(1) No person may remove, disconnect, tamper with or otherwise
13circumvent the operation of
, or violate any requirement established by the
14department regarding, an ignition interlock device installed in response to the court
15order under
s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65
16(6). This subsection does not apply to the removal of an ignition interlock device upon
17the expiration of the order requiring the motor vehicle to be so equipped
or, to
make 18necessary repairs to a malfunctioning ignition interlock device by a person
19authorized by the department
or as the result of the person defaulting on any
20agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid
21or allow any other person to operate a motor vehicle without a functioning ignition
22interlock device if that other person has been restricted to operating a motor vehicle
23equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4.,
24343.305 (10) (b) 2., 3. and 4. and 346.65 (6).
AB100-engrossed,1938,5
1347.413
(3) The department shall design a warning label which shall be affixed
2to each ignition interlock device upon installation. The label shall provide notice of
3the penalties for tampering with or circumventing the operation of the ignition
4interlock device under sub. (1) and
s. ss. 343.10 (5) (a) 3
. and 4., 343.30 (1q) (b) 2., 3.
5and 4. and 343.305 (10) (b) 2., 3. and 4.
AB100-engrossed,1938,127
347.50 (
1t) If the department determines that a person restricted to operating
8a motor vehicle equipped with an ignition interlock device has tampered with that
9ignition interlock device, the department shall increase the period of the ignition
10interlock device restriction on the person's operating privilege by the amount of time
11from the issuance of the ignition interlock device restriction on his or her operating
12privilege to the date of the tampering.
AB100-engrossed,1938,1414
348.07
(2) (c) 45 feet for mobile homes
and motor buses;
AB100-engrossed,1939,516
348.21
(2) (b) If the load on any wheel, axle or group of axles does not exceed
17the weight prescribed in s. 348.15 (3) or 348.16 or in a declaration issued under s.
18348.175 by more than
1,000 2,000 pounds and if such excess can be reloaded within
19the normal load carrying areas, on any other wheel, axle or axles, so that all wheels
20and axles are then within the statutory limits, the operator may reload as provided
21in this paragraph. A total of
1,000 2,000 pounds per vehicle or combination of
22vehicles may be reloaded under this subsection. If reloading is accomplished and all
23axles or group of axles are within the legal limits, no forfeiture may be imposed. A
24vehicle or combination of vehicles under this subsection which is not reloaded may
25continue to be operated upon the highway, but a forfeiture of $50 shall be imposed
1for failure to reload. This forfeiture shall be paid upon the basis of the citation issued
2by the official to the court named in the citation. Failure to pay shall subject the
3operator to the penalty in par. (a) or sub. (3) (a). Violations under this subsection
4shall not be considered as violations or prior convictions under par. (a) or sub. (3) (a)
5or (b).
AB100-engrossed,1939,197
348.26
(2) Permits for oversize or overweight vehicles or loads. Except as
8provided in sub. (4), single trip permits for oversize or overweight vehicles or loads
9may be issued by the department for use of the state trunk highways and by the
10officer in charge of maintenance of the highway to be used in the case of other
11highways. Such local officials also may issue such single trip permits for use of state
12trunk highways within the county or municipality which they represent. Every
13single trip permit shall designate the route to be used by the permittee. Whenever
14the officer or agency issuing such permit deems it necessary to have a traffic officer
15accompany escort the vehicle through the municipality or county, a reasonable
16charge fee for such traffic officer's services shall be paid by the permittee.
All moneys
17received from fees imposed by the department under this subsection shall be
18deposited in the general fund and credited to the appropriation account under s.
1920.395 (5) (dg).
AB100-engrossed,1940,221
348.27
(9m) (a) 1. Raw forest products or of fruits or vegetables from field to
22storage or processing facilities in vehicles or vehicle combinations that exceed the
23maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000
24pounds.
A permit under this subdivision is not valid on highways designated as part
25of the national system of interstate and defense highways, except on I 39 between
1STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon,
2Portage, Waushara, Marquette and Columbia counties.
AB100-engrossed,1940,114
348.27
(9m) (a) 3. Bulk potatoes from storage facilities to food processing
5facilities in vehicles or vehicle combinations that exceed the maximum gross weight
6limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under
7this subdivision is not valid on highways designated as part of the national system
8of interstate and defense highways, except on USH 51 between STH 64 near Merrill
9and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between
10STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon,
11Portage, Waushara, Marquette and Columbia counties.
AB100-engrossed,1940,1813
348.27
(9m) (b) A permit issued under par. (a) does not authorize the operation
14of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000
15pounds.
This subsection does not apply to highways designated as part of the
16national system of interstate and defense highways, except for that portion of USH
1751 between Wausau and STH 78 and that portion of STH 78 between USH 51 and
18the I 90/94 interchange near Portage upon their federal designation as I 39.
AB100-engrossed,1940,2221
349.13
(1b) In this section, "owner" includes the lessee of a vehicle if the vehicle
22is registered, or required to be registered, by the lessee under ch. 341.