Chapter 345, VEHICLES — CIVIL AND CRIMINAL LIABILITY

345.01 Words and phrases defined. Words and phrases defined in s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided. SUBCHAPTER II CIVIL LIABILITY

345.05 Municipal liability for motor vehicle accidents. (1) In this section the following terms have the designated meanings: (am) “Business” means any business whether governmental or proprietary. (b) “Governing body” means the county board with reference to counties, the town b…

345.06 Owner’s liability for act of operator. The owners of every vehicle operating upon any highway for the conveyance of passengers for hire are jointly and severally liable to the party injured for all injuries and damage done by any person in the employment of such owners as …

345.07 Civil actions by secretary. In addition to all existing remedies afforded by civil and criminal law, the secretary is authorized to bring civil actions for the recovery of all fees, taxes, interest and penalties to which the state may be entitled by reason of the operation…

345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349. The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid…

345.09 Service of process on nonresident. (1) The use and operation of a motor vehicle over the highways of this state by a nonresident is considered an irrevocable appointment by the nonresident of the secretary to be the true and lawful attorney upon whom may be served all lega…

345.11 Uniform traffic citation. (1) On and after July 1, 1969, the uniform traffic citation created by this section shall in the case of moving traffic violations and may in the case of parking violations and all violations of ch. 194 be used by all law enforcement agencies in t…

345.17 Penalty for false statements. (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: (a) Issuing a duplicate title. (b) Issuing a d…

345.18 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 to 348 and 351 or ordinances enacted in conformity therewith under ch. 349. This section does not apply to parking violations or to…

345.20 General provisions in traffic forfeiture actions. (1) DEFINITIONS. In ss. 345.20 to 345.53: (a) “Judge” has the meaning specified in s. 967.02 (2m). (b) “Traffic regulation” means a provision of chs. 194 or 341 to 349 for which the penalty for violation is a forfeiture or …

345.21 Authority to arrest with a warrant. (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 cour…

345.22 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. Alt…

345.23 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: (1) May release the person; or (2) Shall release the person …

345.24 Officer’s action after arrest for driving under influence of intoxicant. (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may not be rel…

345.255 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…

345.26 Deposit. (1) (a) 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 nea…

345.27 Information to persons charged. (1) Whenever a person is charged with a violation of a traffic regulation, the law enforcement officer shall inform the person of the following: (a) That certain convictions may result in revocation or suspension of his or her operating priv…

345.28 Nonmoving violations. (1) As used in this section: (a) “Authority” means a local authority, a state agency, any campus of the University of Wisconsin System or any technical college district. (b) “Forfeiture” includes a fine established under s. 36.11 (8) or 38.14 (13). (c…

345.285 Alternative traffic violation and registration pilot program. (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 regis…

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 viola…

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…

345.315 Change of judge. (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 …

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, 345.36 the defendant shall be committed to await trial in a court with jurisdiction and all …

345.34 Arraignment; pleas. (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. The defendant may plead guilty, not guilty, …

345.36 Not guilty plea; failure to appear. (1) Except as provided in this subsection, if the defendant pleads not guilty, the court shall set a future date for trial or advise the defendant that notice will later be sent of the date set for trial. If the defendant appears in resp…

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, or, if an ordinance under s. 345.28 (2) (d) applies, not less time than the period established in an ordinance under s. 345.28 (2)…

345.375 Judgment against a corporation or limited liability company. (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 …

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 …

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 th…

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. History: 1971 c. 278.

345.42 Preliminary proceedings. (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 pr…

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 conditio…

345.422 No guardian ad litem. No guardian ad litem need be appointed for any defendant. History: 1971 c. 278.

345.425 Mode of trial. (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). (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 t…

345.43 Jury trial. (1) If a case has been transferred under s. 800.035 (5) (c), 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.…

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. History: 1973 c. 218.

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 neces…

345.47 Judgment of forfeitures, costs, fees, and surcharges. (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 provided for the violation, plus costs, fees, and surcharges imposed un…

345.48 Reporting pending appeal. (1) In this section, “working days” means all days except Saturdays, Sundays, and legal holidays under s. 995.20. (1m) If the defendant is found guilty the court shall, within 5 working days, forward to the department the record of such conviction…

345.49 Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or surcharges. (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, may, on request, be allowed to work under s. 303.08. If the pe…

345.50 Appeal. (1) JURISDICTION ON APPEAL. An appeal from circuit court shall be to the court of appeals. (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. History: 1971 c.…

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…

345.52 No double prosecution. (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 conformi…

345.53 Costs not taxed against plaintiff. In traffic regulation actions in all courts, costs may not be taxed against the plaintiff. History: 1971 c. 278.

345.55 Traffic officers not to profit from arrests. (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. (2) Any person violating this section may be required…

345.60 Penalty of compulsory safety school attendance. (1) Except as provided in sub. (3) and s. 343.31 (2t) (b), 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 p…

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…