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 truck driver education assessment, if required by
s. 349.04, 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 truck driver education assessment, if required by
s. 349.04, 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 truck driver education assessment, if required by
s. 349.04, 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, truck driver education 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, truck driver education 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 truck driver education 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;
2001 a. 16.
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 truck driver education assessment, if required by
s. 349.04, 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, truck driver education 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, truck driver education 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, truck driver education 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, truck driver education 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, truck driver education 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.
345.52 History
History: 1971 c. 278.
345.53
345.53
Costs not taxed against plaintiff. In traffic regulation actions in all courts, costs may not be taxed against the plaintiff.
345.53 History
History: 1971 c. 278.
345.55
345.55
Traffic officers not to profit from arrests. 345.55(1)
(1) No traffic officer shall demand, solicit, receive or be paid any remuneration upon the basis of number of arrests made, convictions obtained or amount of fines collected.
345.55(2)
(2) Any person violating this section may be required to forfeit not less than $25 nor more than $200 for the first offense and, for the second and each subsequent conviction within one year thereafter, may be required to forfeit not less than $50 nor more than $500.
345.55 History
History: 1971 c. 278 s.
42; Stats. 1971 s. 345.55.
345.55 Annotation
Violation of this section does not invalidate otherwise valid citation. State v. Brown,
107 Wis. 2d 44,
318 N.W.2d 370 (1982).
345.60
345.60
Penalty of compulsory safety school attendance. 345.60(1)(1) Except as provided in
sub. (3), in addition to or in lieu of other penalties provided by law for violation of
chs. 346 to
348, the trial court may in its judgment of conviction order the convicted person to attend, for a certain number of school days, a traffic safety school whose course and mode of instruction is approved by the secretary and which is conducted by the police department of the municipality, the sheriff's office of the county or by any regularly established safety organization.
345.60(2)
(2) This section also applies in the case of an adjudication of violation of a local traffic regulation which is in conformity with
chs. 346 to
348.
345.60(3)
(3) In addition to other penalties provided by law for violation of
s. 346.63 (1) or a local ordinance in conformity therewith, or
s. 346.63 (2) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the convicted person may be required under
s. 343.30 (1q) to attend, for a certain number of school days, a school under
sub. (1).
345.60 Annotation
Convicted drunk drivers may be sent to safety school in lieu of other penalties. 60 Atty. Gen. 261.
345.60 Annotation
The court may not waive the revocation of operating privileges under s. 343.31 (1) (b). 62 Atty. Gen. 31.
345.61
345.61
Guaranteed traffic arrest bonds. 345.61(1)
(1)
Surety companies authorized to guarantee. 345.61(1)(a)(a) Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed $200 with respect to any guaranteed arrest bond certificates issued in such year by an automobile club, association or by an insurance company authorized to write automobile liability insurance within this state, by filing with the commissioner of insurance an undertaking thus to become surety.
345.61(1)(b)
(b) An association providing a guaranteed arrest bond certificate may obligate itself in an amount not to exceed $1,000 for violations of
ch. 348. All courts in this state must accept such guaranteed arrest bond certificate. When a state traffic patrol officer or state inspector or any local law enforcement officer stops an operator of a vehicle having possession of a valid guaranteed arrest bond certificate, the officer or inspector shall obtain the necessary information for a citation and if such guaranteed arrest bond covers the fine for the violation such officer shall release such vehicle and operator.
345.61(2)
(2) Form of bond. Such undertaking shall be in the form prescribed by the commissioner of insurance and shall state the following:
345.61(2)(a)
(a) The name and address of the automobile clubs, association or companies with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety.
345.61(2)(b)
(b) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed $200, or $1,000 as provided in
sub. (1) (b), of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which, the guaranteed arrest bond certificate was posted.
345.61(2)(c)
(c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by
s. 757.05, the truck driver education assessment required by
s. 349.04, the jail assessment required by
s. 302.46 (1), the railroad crossing improvement assessment required by
s. 346.177,
346.495 or
346.65 (4r), and the crime laboratories and drug law enforcement assessment required by
s. 165.755, in an amount not exceeding $200, or $1,000 as provided in
sub. (1) (b).
345.61(2)(d)
(d) A guaranteed arrest bond certificate under
sub. (1) (b) need not be secured by a surety company. The commissioner of insurance may promulgate rules to insure such bond if the commissioner feels it necessary.
345.61(3)
(3) Any guaranteed arrest bond certificate with respect to which a surety company has become surety, or a guaranteed arrest bond certificate issued by an insurance company authorized to transact both automobile liability insurance and surety business within this state as herein provided, shall, when posted by the person whose signature appears thereon, be accepted in lieu of cash bail or other bond in an amount not to exceed $200, or $1,000 as provided in
sub. (1) (b), as a bail bond, to guarantee the appearance of such person in any court in this state, including all municipal courts in this state, at such time as may be required by such court, when the person is arrested for violation of any vehicle law of this state or any motor vehicle ordinance of any county or municipality in this state except for the offense of driving under the influence of intoxicating liquors or of drugs or for any felony committed prior to the date of expiration shown on such guaranteed arrest bond certificates; provided, that any such guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as otherwise provided by law or as hereafter may be provided by law, and that any such guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions, if any, of the charter or ordinance of the particular county or municipality pertaining to bail bonds posted.
