345.23(3)
(3) Shall, if the alleged violator is not released under
sub. (1) or
(2), bring him or her without unreasonable delay before a judge or, for ordinance violations, before a municipal judge in the county in which the violation was alleged to have been committed.
345.23(4)
(4) Shall, if the alleged violator is released under
sub. (1) or
(2), specify on the citation a return date which may not be more than 90 days after the issue date.
345.24
345.24
Officer's action after arrest for driving under influence of intoxicant. 345.24(1)
(1) A person arrested under
s. 346.63 (1) or
(5) or an ordinance in conformity therewith or
s. 346.63 (2) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under
s. 343.305 shows that the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
345.24(2)
(2) If the person was issued an out-of-service order under
s. 343.305 (7) (b), the person may be released as provided under
sub. (1) but the person's license may be retained until the out-of-service period has expired.
345.255
345.255
Deposit after release. A person arrested under
s. 345.22 for the violation of a traffic regulation who is released under
s. 345.23 (1) shall be permitted to make a deposit any time prior to the court appearance date. The deposit shall be made in person or by mailing it to the clerk of the court of the county in which the alleged violation occurred.
345.255 History
History: 1973 c. 218.
345.26(1)(a)(a) A person arrested under
s. 345.22 or
345.28 (5) for the violation of a traffic regulation who is allowed to make a deposit under
s. 345.23 (2) (a) or
345.28 (5) shall deposit the money as the arresting officer directs by either mailing the deposit at a nearby mailbox to the office of the sheriff, headquarters of the county traffic patrol, district headquarters or station of the state traffic patrol, city, village or town police headquarters or a precinct station, the office of the municipal judge, the office of the clerk of court, or by going, in the custody of the arresting officer, to any of those places to make the deposit.
345.26(1)(b)
(b) The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
345.26(1)(b)1.
1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will 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 any applicable fees prescribed in
ch. 814, not to exceed the amount of the deposit that the court may accept as provided in
s. 345.37; and
345.26(1)(b)2.
2. If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his or her arrest.
345.26(2)(a)(a) The basic amount of the deposit for the alleged violation of a traffic regulation shall be determined in accordance with a deposit schedule which the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule.
345.26(2)(b)
(b) In addition to the amount in
par. (a), the deposit shall include court costs, including any applicable fees prescribed in
ch. 814, any applicable penalty assessment and any applicable jail assessment.
345.26(3)(a)(a) The arresting officer or the person accepting the deposit may allow the alleged violator to submit a check for the amount of the deposit or make the deposit by use of a credit card, and the check or credit charge receipt shall be considered a receipt in lieu of
par. (b).
345.26(3)(b)
(b) The person receiving the deposit shall furnish a receipt on a serially numbered form, and shall deliver the original receipt to the alleged violator if requested, and shall state to the alleged violator that inquiry may be made at the office of the clerk of court or municipal judge regarding the disposition of the deposit.
345.26(4)
(4) An alleged violator in custody shall be released after making the deposit specified in this section.
345.26(5)
(5) Any person, other than the clerk of court or the municipal judge before whom the defendant is directed to appear, who accepts the deposit shall, before the time fixed for the appearance of the defendant, deliver the deposit and a copy of the receipt and of the citation issued to the defendant to the clerk of the court or the municipal judge. The clerk or municipal judge shall give a receipt therefor, specifying the serial number of the receipt accompanying the deposit.
345.26 Annotation
Judges may not reduce the amounts of the deposit schedule established under (2) (a). 61 Atty. Gen. 401.
345.27
345.27
Information to persons charged. 345.27(1)
(1) Whenever a person is charged with a violation of a traffic regulation, the law enforcement officer shall inform the person of the following:
345.27(1)(a)
(a) That certain convictions may result in revocation or suspension of his or her operating privilege if the conviction will have that effect.
345.27(1)(b)
(b) That demerit points may be assessed against his or her driving record for the offense. The law enforcement officer may estimate the number of demerit points for the particular offense and list it on the traffic citation form.
345.27(1)(c)
(c) The number of demerit points that is cause for revocation or suspension.
345.27(2)
(2) Before taking the plea of a person charged with a violation of law the judge shall inform the violator of the following:
345.27(2)(a)
(a) That conviction of the charge may result in the revocation or suspension of his or her operating privilege.
345.27(2)(b)
(b) The number of demerit points that may be assessed against the violator upon conviction of the violation, based on the available information.
345.27(3)
(3) Whenever a person has been convicted in this state on the basis of a forfeiture of deposit or a plea of guilty or no contest and the person was not informed as required under
subs. (1) and
(2), the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him or her an opportunity to defend on the merits. If the court finds that the petitioner was not informed as required under
subs. (1) and
(2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.
345.27 History
History: 1989 a. 170.
345.28
345.28
Nonmoving violations. 345.28(1)(a)
(a) "Authority" means a local authority, a state agency, any campus of the university of Wisconsin system or any technical college district.
345.28(1)(c)
(c) "Nonmoving traffic violation" is any parking of a vehicle in violation of a statute, an ordinance, a rule under
s. 36.11 (8) or a resolution under
s. 38.14 (13).
345.28(2)(a)(a) A person charged with a nonmoving traffic violation may mail the amount of the forfeiture to any of the places specified in
s. 345.26 (1) or to a violations bureau, or to the city, town or county clerk or treasurer if the traffic citation so provides. In that case, the citation shall not be filed with or transmitted to court.
345.28(2)(b)
(b) If the person appears in response to a citation for a nonmoving traffic violation, the procedures under
ss. 345.34 to
345.47 apply, except as provided in
par. (c).
345.28(2)(c)
(c) If the appearance date specified in the citation is inconvenient for the person, he or she may contact the clerk of circuit court or the municipal court, whichever is applicable, to schedule a more convenient time. The revised date may provide for an appearance during an evening session, as required under
s. 753.23 or authorized by a court. The court may revise the appearance date. The date specified in the citation applies unless the person receives written confirmation of the revised appearance date from the court.
345.28(3)(a)(a) If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority which issued the citation may issue a summons under
s. 968.04 (3) (b) to the person and, in lieu of or in addition to issuing the summons, may proceed under
sub. (4) or
(5) but, except as provided in this section, no warrant may be issued for the person.
345.28(3)(b)
(b) If the person appears in response to a summons for a nonmoving traffic violation, the procedures under
ss. 345.34 to
345.47 apply.
345.28(4)(a)1.1. If the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation is issued, the authority may notify the department in the form and manner prescribed by the department that a citation has been issued to the person and the citation remains unpaid.
345.28(4)(a)2.
2. The authority shall specify whether the department is to suspend the registration of the vehicle involved under
s. 341.63 (1) (c) or refuse registration of any vehicle owned by the person under
s. 341.10 (7m) or both.
345.28(4)(b)
(b) The notice to the department under
par. (a) 1. shall include the name and last-known address of the person against whom the citation was issued, the date the citation was issued, the license number of the vehicle involved, certification that 2 notices which meet the requirements under
par. (c) or
sub. (5m) (d) have been mailed to the last-known address of the person against whom the citation was issued and that the citation remains unpaid on the date specified in the citation or, if no date is specified in the citation, 28 days after the citation was issued, the place that the citation may be paid, the means by which the citation may be contested and the action the department is to take.
345.28(4)(c)
(c) The notices to the person required under
par. (b) shall be mailed on 2 separate days to the last-known address of the person to whom the citation was issued and shall include the date the citation was issued, the license number of the vehicle involved, the place the citation may be paid, the means by which the citation may be contested and the date by which the person must pay or contest the citation to avoid further action by the authority. The notice shall inform the person of the specific actions which the authority and the courts are authorized to take under this section if the person fails to pay the forfeiture or appear in court in response to the citation by the date specified in the notice.
345.28(4)(d)
(d) The authority may assess the person for the cost of using the traffic violation and registration program as established by the department under
s. 85.13.
345.28(4)(e)
(e) If the person subsequently pays the amount of the forfeiture and the costs, if any, under
par. (d) or appears in court in response to the citation or a notice by the authority who issued the citation or the department, the department shall be immediately notified in the form and manner prescribed by the department. If the vehicle involved in the nonmoving traffic violation is owned by a person engaged in the business of renting or leasing motor vehicles and the owner pays the costs, if any, under
par. (d) and 50% of the forfeiture, the authority shall immediately notify the department in the form and manner prescribed by the department.
345.28(4)(f)
(f) Upon the person's appearance in court in response to a notice by the authority who issued the citation or the department, the procedures under
ss. 345.34 to
345.47 apply.
345.28(4)(g)
(g) Notification of the department under
par. (a) 1. shall toll any applicable statute of limitation for 4 years from the date of the notification.
345.28(4)(h)
(h) If an authority receives payment of 50% of a forfeiture from the owner of a leased or rented vehicle involved in a nonmoving traffic violation and receives payment of the forfeiture from the lessee or renter of the vehicle charged with the violation, the authority shall refund to the owner the 50% payment received.
345.28(5)(a)(a) In lieu of the procedure under
sub. (4), if the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation was issued, the authority, after sending 2 notices which meet the requirements under
sub. (4) (c), may issue a warrant under
par. (b) for the person.
345.28(5)(b)1.1. If a person fails to respond to the notices under
par. (a) within the time specified in the notice, a warrant that substantially complies with the mandatory provisions under
s. 968.04 (3) (a) may be issued for the person, except that the warrant shall direct the officer to accept the person's deposit of money or his or her valid Wisconsin operator's license, as provided under
subd. 2. a., in lieu of serving the warrant and arresting the person.
345.28(5)(b)2.
2. If an officer contacts a person for whom a warrant for a nonmoving traffic violation has been issued under
subd. 1.:
345.28(5)(b)2.a.
a. The officer shall accept a deposit of money or a deposit of the person's valid Wisconsin operator's license in lieu of serving the warrant and arresting the person. If the license is deposited with the officer, the officer shall issue to the licensee a receipt, on a form provided by the department, which is valid as an operator's license through a date specified on the receipt, not to exceed 30 days from the date of contact, which shall be the same as the court appearance date and the officer shall at the earliest possible time prior to the court appearance date deposit the license with the court. If a deposit of money is made,
s. 345.26 (1) (a) and
(2) to
(5) applies. The officer shall notify the person who deposits money or his or her license, in writing, of the specific actions which the authority and the courts are authorized to take under this section if the person fails to appear in court at the time specified by the officer, not to exceed 30 days from the date of contact, or at any subsequent court appearance for the nonmoving traffic violation citation. If the person makes a deposit of money or deposits his or her valid Wisconsin operator's license, the officer shall return the warrant to the court or judge who issued the warrant and the court or judge shall vacate the warrant.
345.28(5)(b)2.b.
b. The officer may serve the warrant and arrest any person who refuses to make a deposit of money or deposit his or her operator's license. If the officer arrests the person, the officer shall bring the arrested person before a court having jurisdiction to try the action or a judge without unreasonable delay.
345.28(5)(c)1.1. If the person who was contacted under
par. (b) 2. and who has made a deposit of money fails to appear in court at the date specified by the officer under
par. (b) 2. a. or set under
s. 345.32,
345.34 or
345.36 or at any subsequent court appearance for the nonmoving traffic violation, the person shall be deemed to have entered a plea of no contest. The court shall accept the plea of no contest, find the defendant guilty and proceed under
s. 345.47, except that the deposit shall be forfeited and serve as payment of the judgment. The court shall give notice of the entry of judgment to the defendant by mailing a copy of the judgment to the defendant's last-known address.
345.28(5)(c)2.
2. If the person who was contacted under
par. (b) 2. and who has deposited his or her operator's license fails to appear in court at the date specified by the officer under
par. (b) 2. a. or set under
s. 345.32,
345.34 or
345.36 or at any subsequent court appearance for the nonmoving traffic violation, the person may be deemed to have entered a plea of no contest. The court may accept the plea of no contest, find the defendant guilty and, except as limited by
sub. (6), proceed under
s. 345.47. If the court enters judgment under
s. 345.47 (1), the court shall give notice of the entry of judgment to the defendant by mailing a copy of the judgment to the defendant's last-known address. The court shall also mail to the defendant's last-known address a statement setting forth the actions the court may take under
s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the court may issue a warrant commanding that the person be arrested and brought before the court. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subdivision 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. The court may retain the person's license, but the person's operating privilege may not be suspended until after judgment is entered under
s. 345.47 and the judgment is not paid.
345.28(5)(c)3.
3. A default judgment entered under this paragraph may be reopened as provided under
s. 345.51.
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.
