When the state used a traffic citation to initiate legal proceedings and subsequently decided to prosecute the action as a crime, the trial court erred in not giving the defendant 10 days from the date of the amended charge to object to the sufficiency of the complaint. State v. Mudgett, 99 Wis. 2d 525
, 299 N.W.2d 621
(Ct. App. 1980).
The uniform traffic citation and complaint is not a “complaint" under s. 968.02 (3). State v. Folk, 117 Wis. 2d 42
, 342 N.W.2d 761
(Ct. App. 1983).
“Process" in sub. (5) refers to invoking subject matter jurisdiction and not to acquiring personal jurisdiction. A citation is only a notice. It does not function as a summons and does not compel a court appearance. In general, an officer who issues a uniform traffic citation when no warrant has been issued is not entitled to service or mileage fees for delivering the citation. 63 Atty. Gen. 99.
Penalty for false statements. 345.17(1)(1)
Unless another civil or criminal penalty is expressly prescribed by law, no person may make a false statement to the department or secretary on which the department or the secretary relies in:
Issuing a duplicate license or operating privilege.
Performing an act or administering a law that the department or secretary is required by law to administer or perform.
Any person who violates sub. (1)
shall forfeit not less than $25 nor more than $100 for the first offense and shall forfeit not less than $100 nor more than $500 for the 2nd and each subsequent offense.
Sentencing of juveniles.
A person under the age of 18 years shall be present at the imposition of sentence in cases for violation of chs. 341
or ordinances enacted in conformity therewith under ch. 349
. This section does not apply to parking violations or to cases where a stipulation of guilt or no contest has been accepted for a violation of a local ordinance. A court may waive the requirement of personal appearance under this section in cases of exceptional hardship.
History: 1979 c. 110
s. 60 (6)
; 1979 c. 333
General provisions in traffic forfeiture actions. 345.20(1)(b)
“Traffic regulation" means a provision of chs. 194
for which the penalty for violation is a forfeiture or an ordinance enacted in accordance with s. 349.06
. Except as otherwise specifically provided, “traffic regulation" does not include a nonmoving traffic violation as defined in s. 345.28 (1)
Except as provided in par. (b)
, the apprehension of alleged violators of traffic regulations and the trial of forfeiture actions for the violation of traffic regulations shall be governed by ss. 345.21
. Where no specific procedure is provided in ss. 345.21
, ch. 799
shall apply to such actions in circuit court.
The trial of forfeiture actions in municipal court for the violation of traffic regulations shall be governed by ch. 800
. Provisions relating to the uniform traffic citation in s. 345.11
, to arrests in ss. 345.21
, to deposits and pleas of no contest under s. 345.26
, to the authority of the court under ss. 345.37
and to guaranteed arrest bonds under s. 345.61
apply to violations of ordinances to be tried in municipal court.
A nonmoving traffic violation is governed by s. 345.28
. The trial of forfeiture actions for nonmoving traffic violations is governed by ss. 345.28
. Where no specific procedure is provided in ss. 345.28
, ch. 799
applies to actions in circuit court and ch. 800
applies to actions in municipal court.
apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under ch. 814
for violations of s. 167.31 (2) (b)
, or (d)
. No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b)
, or (d)
. The report of conviction shall be forwarded to the department.
apply to actions in circuit court to recover forfeitures for violations of s. 287.81
. No points may be assessed against the driving record of a person convicted of a violation of s. 287.81
. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.
Wisconsin's uniform traffic court procedure. Hough, 1972 WBB No. 4.
Authority to arrest with a warrant. 345.21(1)(1)
A person may be arrested for the violation of a traffic regulation with a warrant that substantially complies with ch. 968
. Except as provided in sub. (2)
, the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action or a judge.
In traffic regulation actions, the judge or municipal judge who issues a warrant under sub. (1)
may endorse upon the warrant the amount of the deposit. If no endorsement is made the deposit schedule under s. 345.26 (2)
shall apply unless the court directs that the person be brought before the court.
Authority to arrest without a warrant.
A person may be arrested without a warrant for the violation of a traffic regulation if the traffic officer has reasonable grounds to believe that the person is violating or has violated a traffic regulation.
History: 1971 c. 278
Although this section and s. 968.24 pertain only to crimes and violations of traffic regulations, neither statute forecloses traffic stops to enforce non-traffic civil forfeiture offenses. State v. Iverson, 2015 WI 101
, 365 Wis. 2d 302
, 871 N.W.2d 661
The statement in Popke, 2009 WI 37
, that “a police officer may . . . conduct a traffic stop when, under the totality of the circumstances, he or she has grounds to reasonably suspect that a crime or traffic violation has been or will be committed," did not purport to circumscribe the universe of possible scenarios within which traffic stops permissibly may occur, or to make such limits contingent on whether the legislature has titled a particular law a “traffic regulation." A reasonable suspicion that a violation of the littering statute, s. 287.81, a non-traffic civil forfeiture offense, had occurred justified a brief and limited traffic stop. The more onerous standard of probable cause would also therefore justify a traffic stop. State v. Iverson, 2015 WI 101
, 365 Wis. 2d 302
, 871 N.W.2d 661
A city police officer is a traffic officer within s. 345.22. 61 Atty. Gen. 419.
Officer's action after arrest without a warrant.
If a person is arrested without a warrant for the violation of a traffic regulation, the arresting officer shall issue a citation under s. 345.11
, and in addition:
Shall release the person when he or she:
Deposits the person's valid Wisconsin operator's license with the officer. If the license is deposited with the officer, the officer shall issue to the licensee a receipt which shall be valid as a driver's license through the date specified on the receipt, 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.
Shall, if the alleged violator is not released under sub. (1)
, 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.
Shall, if the alleged violator is released under sub. (1)
, specify on the citation a return date which may not be more than 90 days after the issue date.
Officer's action after arrest for driving under influence of intoxicant. 345.24(1)(1)
A person arrested under s. 346.63 (1)
or an ordinance in conformity therewith or s. 346.63 (2)
, 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.
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)
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.
History: 1973 c. 218
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.
The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:
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, plus costs, fees, and surcharges imposed under ch. 814
, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37
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.
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.
In addition to the amount in par. (a)
, the deposit shall include court costs, fees, and surcharges imposed under ch. 814
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)
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.
An alleged violator in custody shall be released after making the deposit specified in this section.
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.
Judges may not reduce the amounts of the deposit schedule established under sub. (2) (a). 61 Atty. Gen. 401.
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:
That certain convictions may result in revocation or suspension of his or her operating privilege if the conviction will have that effect.
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.
The number of demerit points that is cause for revocation or suspension.
Before taking the plea of a person charged with a violation of law the judge shall inform the violator of the following:
That conviction of the charge may result in the revocation or suspension of his or her operating privilege.
The number of demerit points that may be assessed against the violator upon conviction of the violation, based on the available information.
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)
, 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)
, the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.
History: 1989 a. 170
Nonmoving violations. 345.28(1)(a)
“Authority" means a local authority, a state agency, any campus of the University of Wisconsin System or any technical college district.
“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)
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.
If the person appears in response to a citation for a nonmoving traffic violation, the procedures under ss. 345.34
apply, except as provided in par. (c)
Subject to par. (d)
, 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. Subject to par. (d)
, 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.
A city of the 1st class may enact an ordinance establishing the period within which a person charged with a nonmoving violation shall pay the forfeiture or appear in court. An ordinance under this paragraph shall require that a citation issued for a nonmoving violation include the date on which the court may act under s. 345.37
unless the person has paid the forfeiture or appeared in court prior to that date.
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 that 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)
but, except as provided in this section, no warrant may be issued for the person. If the person does not pay towing and storage charges associated with a citation for a nonmoving traffic violation, the authority that issued the citation may proceed under sub. (4)
If the person appears in response to a summons for a nonmoving traffic violation, the procedures under ss. 345.34