Chapter 345 — VEHICLES — CIVIL AND CRIMINAL LIABILITY

345.01 Words and phrases defined. SUBCHAPTER II CIVIL LIABILITY

345.05 Municipal liability for motor vehicle accidents.

345.06 Owner’s liability for act of operator.

345.07 Civil actions by secretary.

345.08 Suit to recover protested tax or fee.

345.09 Service of process on nonresident. SUBCHAPTER III ARRESTS, BAIL, PENALTIES

345.11 Uniform traffic citation.

345.17 Penalty for false statements.

345.18 Sentencing of juveniles.

345.20 General provisions in traffic forfeiture actions.

345.21 Authority to arrest with a warrant.

345.22 Authority to arrest without a warrant.

345.23 Officer’s action after arrest without a warrant.

345.24 Officer’s action after arrest for driving under influence of intoxicant.

345.255 Deposit after release.

345.26 Deposit.

345.27 Information to persons charged.

345.28 Nonmoving violations.

345.285 Alternative traffic violation and registration pilot program.

345.30 Jurisdiction.

345.31 Venue in traffic regulation actions. SUBCHAPTER I GENERAL PROVISIONS 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 34…

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. May 22, 2026, are designated by NOTES. (Published 5-22-26) 11 Updated 23-24 Wis. Stats. VEHICLES — CIVIL AND CRIMINAL LIABILITY

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 apply, except as provided in par. (c). (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 …

345.48 and 345.50 and to guaranteed arrest bonds under s.

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 May 22, 2026, are designated by …

345.61 apply to violations of ordinances to be tried in municipal court. (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith. May 22, 2026, are designated by NOTES. (Published…