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.
345.42(2)
(2) There shall be no preliminary examination.
345.42 History
History: 1971 c. 278; Sup. Ct. Order, 141 Wis. 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 Wis. 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 Wis. 2d 118,
318 N.W.2d 383 (1982).
345.421 Annotation
When blood alcohol content is tested under statutory procedures, the results of the test are mandatorily admissible. The physical sample tested is not evidence intended, required, or even susceptible of being produced by the state under s. 971.23 (4) and (5). State v. Ehlen,
119 Wis. 2d 451,
351 N.W.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 6. If no party demands a trial by jury, the right to trial by jury is permanently waived.
345.43(3)(a)(a) In counties having a population of 500,000 or more, the jury shall be selected from the circuit court prospective juror list as set forth under
chs. 801 to
847. In all other counties, juries shall be selected as provided in
par. (b), except that the clerk shall randomly select the names of sufficient persons qualified to serve as jurors as will provide to each party entitled to peremptory challenges 5 peremptory challenges.
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 at random from the prospective juror list the names of a sufficient number of prospective jurors, from which list 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(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
The requirement that the defendant prepay jury fees in civil traffic forfeiture actions is constitutional. State v. Graf,
72 Wis. 2d 179,
240 N.W.2d 387 (1976).
345.43 Annotation
The 10-day period fora jury demand did not begin at the initial appearance when the accused requested a continuance rather than entering plea under s. 345.34 (1). City of Madison v. Donohoo,
118 Wis. 2d 646,
348 N.W.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.
345.45 History
History: 1973 c. 218.
345.46
345.46
Verdict. A verdict is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree thereto. The form of the verdict shall be guilty or not guilty, except where it is necessary to determine speed. The amount of the forfeiture shall be determined by the court after the court makes its finding.
345.46 History
History: 1971 c. 278.
345.47
345.47
Judgment of forfeitures and assessments. 345.47(1)(1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, 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, provided for the violation and for costs under
s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under
s. 343.30. If the judgment is not paid, the court shall order:
345.47(1)(a)
(a) That, subject to
s. 800.095 (8), the defendant be imprisoned for a time specified by the court until the judgment is paid, but not to exceed 90 days; or
345.47(1)(b)
(b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays 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, but not to exceed 2 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under
s. 343.30 or the power of the secretary to suspend or revoke the operating privilege. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.
345.47(1)(c)
(c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by
s. 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, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under
s. 343.21 (1) (j), the department shall return the surrendered license.
345.47(1)(d)
(d) In addition to or in lieu of imprisonment or suspension under
par. (a) or
(b), the court may notify the department, in the form and manner prescribed by the department, that a judgment has been entered against the defendant and remains unpaid. The notice shall include the name and last-known address of the person against whom the judgment was entered, the date judgment was entered, the amount of the judgment, the license number of the vehicle involved, certification by the court that a warrant has been served on the person against whom the judgment was entered or, in the case of a judgment entered under
s. 345.28, that the person has been notified of the entry of judgment and the judgment remains unpaid and the place where the judgment may be paid. If the person subsequently pays the judgment the court shall immediately notify the department of the payment in the form and manner prescribed by the department.
345.47(1m)
(1m) If the action is in municipal court, the court shall determine, at the time of entering judgment under
sub. (1), whether incarceration may be ordered for noncompliance with a judgment or order under this section. If incarceration may be ordered because of the defendant's subsequent noncompliance with the judgment, the provisions of
s. 800.095 (1) to
(3) and
(4) (a) apply.
345.47(2)
(2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, railroad crossing improvement assessments, crime laboratories and drug law enforcement assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.
345.47(3)
(3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, a jail assessment, a railroad crossing improvement assessment or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.
345.47 History
History: 1971 c. 278;
1973 c. 218;
1977 c. 29 ss.
1477 to
1482,
1654 (7) (c);
1979 c. 34;
1981 c. 165;
1987 a. 27,
389;
1989 a. 31,
107;
1991 a. 34,
39,
189;
1993 a. 16;
1995 a. 269;
1997 a. 27,
84,
135,
237,
252;
1999 a. 9,
32,
185.
345.47 Annotation
Imprisonment or suspension of a license under s. 345.47 (1) (a) and (b) does not eliminate the liability of defendant for payment of the surcharge under s. 346.655.
73 Atty. Gen. 24.
345.48
345.48
Reporting pending appeal. 345.48(1)
(1) In this section, "working days" means all days except Saturdays, Sundays and legal holidays under
s. 895.20.
345.48(1m)
(1m) If the defendant is found guilty the court shall, within 5 working days, forward to the department the record of such conviction.
345.48(2)
(2) If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under
s. 343.31, or for which the court revokes or suspends his or her operating privilege under
s. 343.30, the court shall immediately take possession of the suspended or revoked license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under
sub. (1m).
345.48(3)
(3) If no notice of appeal is filed within 10 days, the court shall, within 5 working days after expiration of the 10-day period, forward to the department any surrendered license.
345.48(4)
(4) If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed and shall return any surrendered license. Thereafter, the court shall notify the department as required under
s. 343.325 (1) (b) and
(c).
345.48 History
History: 1971 c. 278;
1977 c. 29 s.
1654 (7) (a);
1983 a. 304;
1985 a. 135 s.
85; Sup. Ct. Order, 146 Wis. 2d xiii (1975);
1991 a. 39;
1993 a. 16.
345.49
345.49
Procedure on imprisonment; nonpayment of forfeiture or assessments. 345.49(1)
(1) Any person imprisoned under
s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by
s. 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), or a crime laboratories and drug law enforcement assessment, if required by
s. 165.755, may, on request, be allowed to work under
s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.
345.49(2)
(2) Any person who is subject to imprisonment under
s. 345.47 for nonpayment of a forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in
sub. (1) or
s. 345.47.
345.50(1)(1)
Jurisdiction on appeal. An appeal from circuit court shall be to the court of appeals.
345.50(2)
(2) Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture plus court costs.
345.50 History
History: 1971 c. 278; Sup. Ct. Order,
67 Wis. 2d 585, 776 (1975);
1977 c. 187,
305;
1977 c. 449 s.
497.
345.51
345.51
Reopening of default judgment. Except as provided in
ss. 345.36 and
345.37, there shall be no reopening of default judgments unless allowed by order of the trial court after notice and motion duly made and upon good cause shown. The notice of motion shall be filed within 6 months after the judgment is entered in the court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
345.52
345.52
No double prosecution. 345.52(1)
(1) A judgment on the merits in a traffic ordinance action bars any proceeding under a state statute for the same violation. A judgment on the merits in an action under a state statute bars any proceeding under a traffic ordinance enacted in conformity with the state statute for the same violation.
345.52(2)
(2) The pendency of an action under a traffic ordinance is grounds for staying an action under a state statute for the same violation. The pendency of an action under a state statute is grounds for staying an action under a traffic ordinance enacted in conformity with the state statute for the same violation.
