The concentration of alcohol in the blood shall be taken prima facie to be three-fourths of the concentration of alcohol in the urine.
If the sample of breath, blood or urine was not taken within 3 hours after the event to be proved, evidence of the amount of alcohol in the person's blood or breath as shown by the chemical analysis is admissible only if expert testimony establishes its probative value and may be given prima facie effect only if the effect is established by expert testimony.
The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3.
, 30.681 (1) (bn)
, 346.63 (2m)
or 350.101 (1) (c)
A blood sample taken under s. 346.71 (2) and forwarded to the department of transportation is admissible in evidence. Luedtke v. Shedivy, 51 Wis. 2d 110
, 186 N.W.2d 220
Administration of a blood or breath test does not violate a defendant's privilege against self-incrimination. State v. Driver, 59 Wis. 2d 35
, 207 N.W.2d 850
When blood alcohol content is tested under statutory procedures, 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
Failure to timely notify a person of the right to an alternative blood test for intoxication does not affect the presumption of validity for a properly given blood test and is not grounds for suppressing the test results. County of Dane v. Granum, 203 Wis. 2d 252
, 551 N.W.2d 859
(Ct. App. 1996), 95-3470
Presumptions as to operation and registration of motor vehicle. 885.237(1)
The fact that a motor vehicle is located on a highway, as defined in s. 340.01 (22)
, is prima facie evidence, for purposes of ch. 341
, that the motor vehicle has been operated on a highway by the owner.
Notwithstanding s. 341.04
, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22)
, and is not displaying valid registration plates, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1)
is prima facie evidence, for purposes of ch. 341
, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65
, but this subsection does apply to violations of ordinances enacted under s. 341.65
, 2003 stats.
Actions for public moneys, immunity. 885.24(1)
No witness or party in an action brought upon the bond of a public officer, or in an action by the state or any municipality to recover public money received by or deposited with the defendant, or in any action, proceeding or examination, instituted by or in behalf of the state or any municipality, involving the official conduct of any officer thereof, may be excused from testifying on the ground that his or her testimony may expose him or her to prosecution for any crime or forfeiture. No person may be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, documentary or otherwise, in the action, proceeding or examination, except a prosecution for perjury committed in giving the testimony.
The immunity provided under sub. (1)
is subject to the restrictions under s. 972.085
History: 1989 a. 122
State actions vs. corporations or limited liability companies. 885.25(1)(1)
No corporation or limited liability company shall be excused from producing books, papers, tariffs, contracts, agreements, records, files or documents, in its possession, or under its control, in obedience to the subpoena of any court or officer authorized to issue subpoenas, in any civil action which is now or hereafter may be pending, brought by the state against it to recover license fees, taxes, penalties or forfeitures, or to enforce forfeitures, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of it, may subject it to a penalty or forfeiture, or be excused from making a true answer under oath, by and through its properly authorized officer or agent, when required by law to make such answer to any pleading in any such civil action upon any such ground or for such reason.
No officer, clerk, agent, employee or servant of any corporation or limited liability company in any such action may be excused from attending or testifying or from producing books, papers, tariffs, contracts, agreements, records, files or documents, in his or her possession or under his or her control, in obedience to the subpoena of any court in which any such civil action is pending or before any officer or court empowered or authorized to take deposition or testimony in any such action, in obedience to the subpoena of the officer or court, or of any officer or court empowered to issue a subpoena in that behalf, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him or her, may tend to incriminate him or her or subject him or her to a penalty or a forfeiture, but no such officer, clerk, agent, employee or servant shall be prosecuted, or subjected to any penalty or forfeiture, for or on account of testifying or producing evidence, documentary or otherwise, before the court or officer, or any court or officer empowered to issue subpoena in that behalf, or in any such case or proceeding except a prosecution for perjury or false swearing in giving the testimony.
The immunity provided under sub. (2)
is subject to the restrictions under s. 972.085
In case of the failure or neglect of any corporation or limited liability company, or of any such officer, clerk, agent, employee or servant, to produce any such book, paper, tariff, contract, agreement, record, file or document, secondary evidence of the contents of any or either of the same may be given, and such secondary evidence shall be of the same force and effect as the original.
History: 1989 a. 122
; 1993 a. 112
Since the immunity that attaches under sub. (2) or s. 77.61 (12), is merely coextensive with a defendant's rights against self-incrimination, which does not attach to the records of a corporation, a defendant's claim of immunity for delivering corporate records has no merit. State v. Alioto, 64 Wis. 2d 354
, 219 N.W.2d 585
Settlement and advance payment of claim for damages. 885.285(1)(1)
No admission of liability shall be inferred from the following:
A settlement with or any payment made to an injured person, or to another on behalf of any injured person, or any person entitled to recover damages on account of injury or death of such person; or
A settlement with or any payment made to a person or on the person's behalf to another for injury to or destruction of property.
Any settlement or payment under sub. (1)
is not admissible in any legal action unless pleaded as a defense.
Any settlement or advance payment under sub. (1)
shall be credited against any final settlement or judgment between the parties. Upon motion to the court in the absence of the jury and on submission of proper proof prior to entry of judgment on a verdict, the court shall apply the provisions of s. 895.045
and then shall reduce the amount of the damages so determined by the amount of the payments made. Any rights of contribution between joint tort-feasors shall be determined on the amount of the verdict prior to reduction because of a settlement or advance payment.
The period fixed for the limitation for the commencement of actions shall be as provided by s. 893.12
History: 1975 c. 327
; 1979 c. 323
A property payment under s. 885.285 (1) extends the limitation under s. 893.12, but only if made within the 3-year limit of s. 893.54 (1). Abraham v. Milwaukee Mutual Insurance Co. 115 Wis. 2d 678
, 341 N.W.2d 414
(Ct. App. 1983).
To be a payment under s. 885.285 that will toll or extend the statute of limitations, a payment must be related to fault or liability. Gurney v. Heritage Mutual Insurance Co. 188 Wis. 2d 68
, 523 N.W.2d 193
(Ct. App. 1994).
The waiver by the defendant medical provider in a medical malpractice action of the copayment portion of the amount due for the plaintiff's medical treatment did not constitute a payment under s. 885.285 or 893.12. Young v. Aurora Medical Center, 2004 WI App 71
, 272 Wis. 2d 300
, 679 N.W.2d 549
Recorded telephone conversation. 885.365(1)
Evidence obtained as the result of the use of voice recording equipment for recording of telephone conversations, by way of interception of a communication or in any other manner, shall be totally inadmissible in the courts of this state in civil actions, except as provided in ss. 968.28
Such recording is made in a manner other than by interception and the person whose conversation is being recorded is informed at that time that the conversation is being recorded and that any evidence thereby obtained may be used in a court of law; or such recording is made through a recorder connector provided by the telecommunications utility as defined in s. 196.01 (10)
or a telecommunications carrier as defined in s. 196.01 (8m)
in accordance with its tariffs and which automatically produces a distinctive recorder tone that is repeated at intervals of approximately 15 seconds;
The recording is made by a telecommunications utility as defined in s. 196.01 (10)
, a telecommunications carrier as defined in s. 196.01 (8m)
or its officers or employees for the purpose of or incident to the construction, maintenance, conduct or operation of the services and facilities of such public utilities, or to the normal use by such public utilities of the services and facilities furnished to the public by such public utility; or
The recording is made by a fire department or law enforcement agency to determine violations of, and in the enforcement of, s. 941.13
Interpreters in municipal courts and administrative agency contested cases. 885.37(1)(b)
If a municipal court has notice that a person who is a juvenile or parent subject to ch. 938
, or who is a witness in a proceeding under ch. 938
, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.
A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b)
"Agency" includes any official, employee or person acting on behalf of an agency.
"Contested case" means a proceeding before an agency in which, after a hearing required by law, substantial interests of any party to the proceeding are determined or adversely affected by a decision or order in the proceeding and in which the assertion by one party of any such substantial interest is denied or controverted by another party to the proceeding.
In any administrative contested case proceeding before a state, county or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the agency shall make a factual determination of whether the language difficulty or hearing or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.
Any agency may authorize the use of an interpreter in a contested case proceeding for a person who is not a party but who has a substantial interest in the proceeding.
The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.
The necessary expense of furnishing an interpreter for an indigent party under sub. (3)
shall be paid by the unit of government for which the proceeding is held.
The court or agency shall determine indigency under this section.
If a municipal court under sub. (1) (b)
or an agency under sub. (3)
decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b)
The department of health services shall maintain a list of qualified interpreters for use with persons who have hearing impairments. The department shall distribute the list, upon request and without cost, to courts and agencies who must appoint interpreters. If an interpreter needs to be appointed for a person who has a hearing impairment, the court or agency shall appoint a qualified interpreter from the list. If no listed interpreter is available or able to interpret, the court or agency shall appoint as interpreter another person who is able to accurately communicate with and convey information to and receive information from the hearing-impaired person.
If an interpreter needs to be appointed for a person with an impairment or difficulty not covered under par. (b)
, the court or agency may appoint any person the court or agency decides is qualified.
Sup. Ct. Order, 67 Wis. 2d 585, 760 (1975); 1975 c. 106
; Stats. 1975 s. 885.37; 1985 a. 266
; 1987 a. 27
; 1995 a. 27
, 9126 (19)
; 1995 a. 77
; 2001 a. 16
; 2007 a. 20
s. 9121 (6) (a)
A court has notice of a language difficulty when it becomes aware that a defendant's difficulty with English may impair his or her ability to communicate with counsel, to understand testimony, or to be understood in English and does not hinge on a request from counsel for an interpreter. State v. Yang, 201 Wis. 2d 725
, 549 N.W.2d 769
(Ct. App. 1996), 95-0583
Interpreters in circuit and appellate courts. 885.38(1)(a)
"Court proceeding" means any proceeding before a court of record.
"Limited English proficiency" means any of the following:
The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.
The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.
"Qualified interpreter" means a person who is able to do all of the following:
Readily communicate with a person who has limited English proficiency.
Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.
Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.
The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the fees imposed for the training and certification, and for the coordination, discipline, retention, and training of those interpreters. Any fees collected under this subsection shall be credited to the appropriation under s. 20.680 (2) (gc)
If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter at the public's expense if the person is one of the following:
A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.
Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.
The court may appoint more than one qualified interpreter in a court proceeding when necessary.
If a person with limited English proficiency, as defined in sub. (1) (b) 2.
, is part of a jury panel in a court proceeding, the court shall appoint a qualified interpreter for that person.
If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.
A qualified interpreter appointed under this subsection may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.
A court may authorize the use of a qualified interpreter in actions or proceedings in addition to those specified in par. (a)
The court may accept the waiver of the right to a qualified interpreter by a person with limited English proficiency at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines on the record that the waiver has been made knowingly, intelligently, and voluntarily.
At any point in the court proceeding, for good cause, the person with limited English proficiency may retract his or her waiver and request that a qualified interpreter be appointed.
Every qualified interpreter, before commencing his or her duties in a court proceeding, shall take a sworn oath that he or she will make a true and impartial interpretation. The supreme court may approve a uniform oath for qualified interpreters.