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.
345.285
345.285
Alternative traffic violation and registration pilot program. 345.285(1)(1) The department may administer an alternative traffic violation and registration pilot program. Any pilot program under this section shall provide alternative methods of suspending and refusing vehicle registrations for unpaid citations for nonmoving traffic violations in lieu of applicable requirements of
s. 345.28.
345.285(2)
(2) The department may contract with a city of the 1st class to permit the city to suspend vehicle registrations for unpaid citations for nonmoving traffic violations. The department may not enter into a contract under this subsection after June 30, 2001. A contract under this subsection shall include all of the following provisions:
345.285(2)(a)
(a) The city may suspend the registration of a vehicle if all of the following apply:
345.285(2)(a)1.
1. The city has cited the owner of the vehicle for one or more nonmoving traffic violations for which the owner has neither paid the forfeitures nor appeared in court in response to the violations.
345.285(2)(a)2.
2. The city has mailed to the last-known address of the owner at least 2 notices that meet the requirements of
s. 345.28 (4) (c) with respect to each citation counted under
subd. 1.
345.285(2)(a)3.
3. The owner has not, by the date specified in the last issued citation that is counted under
subd. 1. or, if no date is specified in that citation, within 28 days after the citation is issued, either paid all forfeitures or appeared in court in response to all citations counted under
subd. 1. for which the forfeitures have not been paid.
345.285(2)(b)
(b) If the city suspends the registration of a vehicle under
par. (a), all of the following apply:
345.285(2)(b)1.
1. The city may notify the department to refuse the registration of any vehicle owned by the person under
s. 341.10 (7r).
345.285(2)(b)2.
2. The city shall remove the suspension of the vehicle's registration under
par. (a) if the owner of the vehicle either pays all forfeitures or appears in court in response to all citations counted under
par. (a) 1. for which the forfeitures have not been paid. If a suspension is removed under this subdivision, the department shall be immediately notified in the form and manner prescribed by the department.
345.285(2)(c)
(c) Provisions that specify the responsibilities of the department and of the city with respect to the pilot program, the procedures for record and transaction security, and any fee that the city may assess the owner of a vehicle whose registration is suspended under
par. (a).
345.285(2)(d)
(d) Notwithstanding
s. 85.13, the department shall charge the city a fee for the cost of the development and operation of the pilot program under this section. The fee shall ensure that payments by the city to the department under this paragraph and
s. 85.13 are not less than payments made by the city to the department under
s. 85.13 before June 17, 1998, for comparable periods of time. The department may periodically adjust this fee accordingly or, in lieu of adjusting the fee, may terminate the contract.
345.285(2)(e)
(e) The city may enact and enforce an ordinance that strictly conforms to
s. 341.03, except that the ordinance shall apply to motor vehicles whose registration is suspended under
par. (a).
345.285(2)(f)
(f) The city may not suspend vehicle registrations under this section after June 30, 2001.
345.285 History
History: 1997 a. 237.
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 the payment of a 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, railroad crossing improvement assessment, crime laboratories and drug law enforcement 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, railroad crossing improvement assessment, crime laboratories and drug law enforcement 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. 757.05, a jail assessment, if required by
s. 302.46 (1), a railroad crossing improvement assessment, if required by
s. 346.177,
346.495 or
346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by
s. 165.755, 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. 757.05, the jail assessment, if required by
s. 302.46 (1), the railroad crossing improvement assessment, if required by
s. 346.177,
346.495 or
346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by
s. 165.755, 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.
345.37 Annotation
Motion costs under s. 817.07 on motions brought to open judgments entered on a forfeiture actions under s. 345.37 may not be imposed by a blanket order. Discretion must be exercised by the court in each case.
OAG 1-00.
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. 757.05, the jail assessment, if required by
s. 302.46 (1), and the crime laboratories and drug law enforcement assessment, if required under
s. 165.755, 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.
