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RULES RELATING TO CIVIL AND CRIMINAL LIABILITY

(2) Any of the following may file a claim fordamages against the state or municipalityconcerned and the governing body thereof mayallow, compromise, settle and pay the same :

(a) A person suffering any damage proxi-mately resulting from the negligent operation ofa motor vehicle owned and operated by the stateor a municipality, which damage was occasionedby the operation of such motor vehicle in thecourse of its business .. For the purposes of thissubsection, a motor vehicle shall be deemedowned and operated by the state or a municipali-ty if such vehicle is either being rented or leased,or is being purchased under a contract wherebythe state or municipality will acquire title .

(b) A person suffering any damage proxi-mately resulting from the negligent operation ofa motor vehicle owned or operated by the statethrough the agency of the Wisconsin nationalguard, the Wisconsin air national guard or themembers or employes thereof when on state dutyand whether paid from state or federal funds andwhich damage was occasioned by the operationof such motor vehicle in the per f'ormance of itsbusiness ..

(3) The manner and form of and the place forfi ling claims shall be :

(a) If ' against the state, as provided in s . 16 . . 5 .3(8), with the department of administration .

345.05 State and municipal liability formotor vehicle accidents. (1) In this sectionthe following terms have the designated mean-ings :

(a) "Municipality" means any county, city,village, town, school district (as enumerated ins ..67 . .01 (1) ), sewer' district, drainage district,community center and, without restrictionbecause of failure of enumeration, any otherpolitical subdivision of the state..

(b) "Governing body" means the statelegislature with reference to the state, the countyboard with reference to counties, the town boardwith reference to towns, the legislative body of acity or village with reference to cities and villagesand the board of any district, center or othermunicipality with reference to other municipal-ities enumerated in par, (a)

(c) "Business" means any business whethergovernmental or proprietary .

345 .01 CIVIL AND CRIMINAL LIABILITY

CHAPTER 345

GENERAL PROVISIONS34501 Words and phrases defined .

CIVIL LIABILITY .34505 State and municipal liability for motor vehicle

accidents .345 . 06 Owner's liability for act of operator345 07 Civil actions by administrator ,345 . 08 Suit to recover protested tax or fee345 09 Service of process on nonresident .

ARRESTS, BAIL, PENALTIES .345 11 Uniform traffic citation and complaint345 . 17 Penalty for false statements345 . 18 Sentencing of juveniles345 20 General provisions in traffic forfeiture actions .34521 Authority to arrest with a warrant345 22 Authority to arrest without a warrant .345 . 23 Officer's action after arrest without a warrant345 24 Officer' s action after arrest for driving under

influence of intoxicant . .345 . 25 Traffic citation . .345 255 Deposit after release .345 . 26 Deposit .345 . 27 Stipulation of no contest345 28 Nonmoving violations .345 . 30 Jurisdiction345 . 31 Venue in traffi c regulation actions ..345 . 315 Change of judge ,

GENERAL PROVISIONS,

345.01 Wordsand phrases defined . Wordsand phrases defined in s .. 340,01 are used in thesame sense in this chapter' unless a differentdefinition is specifically provided . .

CIVIL LIABILITY

345.32 Initial a ppearance b efo re jud ge345 .34 Arraignment ; pleas345 35 Not guilty ple a ; immedi ate tria l .345 36 Not gu i lty plea ; continu a n ce .345 37 Procedure on defa ult of a ppea r ance .3453 '75 Judgment aga ins t a c orpora tion345 3 8 Effect o f plea of n o co ntes t .34540 Pleading..34541 Motion t o di s mi ss ..345 42 No prel imina r y ex a min atio n345421 Discovery .345422 No guardi an ad lit em .345 425 Mode of trial34543 Jury tr ial .345 45 Burden of pro of:.345 . 46 Verdict..34547 Judgment o f f orfeiture34548 Reporting pe nding a ppeal345 . 49 Procedure on impri so nment ; nonpayment of

forfeitu re345 . 50 App ea l .345 . 5 ] Reopening of defa ult judgment .345 52 No double prosecutio n .345 53 Costs not ta xed a gain st pl ai ntiff .345 .55 Tra ffic officers not to pr ofit from a rrests345 60 Penalty of compul s or y safety s ch ool a ttend a nce.3 45 61 Gua r an teed traffic arre s t bonds .

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345.08 Suit to recover protested tax orfee. No suit shall be maintained in any court torestrain or, delay the collection or payment of thetaxes levied or the fees imposed or enacted in chs .341 to 349, The aggrieved taxpayer shall pay thetax or fee as and when due and, if' paid underprotest, may at any time within 90 days from thedate of such payment sue the state in an action atlaw to recover the tax or fee so paid .. If" it is finallydetermined that such tax or fee or any partthereof was wrongfully collected for any reason,the department of administration shall issue awarrant on the state treasurer for the amount ofsuch tax or fee so adjudged to have beenwrongfully collected and the state treasurer shallpay the same out of the highway fund . A separatesuit need not be filed for- each separate paymentmade by any taxpayer, but a recovery may behad in one suit for as many payments as weremade within the 90-day period preceding thecommencement of the action .. Such suits shall becommenced as provided in s . 285 . .01 ..

345 .09 Service of process on nonresi-dent. (1) The use and operation of a motorvehicle over the highways of this state by anonresident is deemed an irrevocable appoint-ment by such nonresident of'the administrator ofthe division of motor vehicles to be his true andlawful attorney upon whom may be served alllegal processes in any action or proceedingagainstt him or his executor, administrator orpersonal representative; growing out of'the use oroperation of the motor vehicle in this state andresulting in damage or loss to person or property,whether the damage or loss occurs on a highwayor on abutting public or private property . Suchappointment is binding upon the nonresident'sexecutor, administrator or personal representa-tive . Such use or operation of a motor vehicle bysuch nonresident is a signification of hisagreement that any such process or noticeagainst him or, his executor, administrator orpersonal representative which is so served shallbe of the same legal force and validity as if'servedon him personally, or on his executor, adminis-trator or personal r epresentative .

(2) The administrator as attorney uponwhom processes and notices may be served underthis section shall, upon being served with suchprocess or, notice, forthwith mail by registeredmail a copy thereof' to such nonresident at theout-of'-state nonresident address given in thepapers so served . It is the duty of the party or hisattorney to certify in the papers so served that theaddress given therein is the last known out-of-state nonresident address of the party to be

345.06 Owner 's liability for act of oper-ator. The owners of every vehicle operatingupon any highway for the conveyance ofpassengers for hire are jointly and severallyliable to the party injured for all injuries anddamage done by any personn in the employmentof such owners as an operator, while operatingsuch vehicle, whether the act occasioning suchinjuries or damage was intentional, negligent orotherwise, in the same mannerr as such operatorwould be liable,

345 .07 Civil actions by administrator. Inaddition to all existing remedies afforded by civiland criminal law, the administrator is author-ized to bring civil actions for the recovery of allfees, taxes, interest and penalties to which thestate may be entitled by reason of the operation

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(b) If 'against - any county, as provided in ss .59 and 59 ..'Z7 (1) , with the county clerk,

(c) If against any city, as provided in s 62 . . 25 ,with the city clerk .

(d) If against any village, as provided in s61 . . 51, with the village clerk .

(e) If against any town, as provided in s60 . . :36, with the town clerk .

(f) I f against any school district, as providedins 118 26 .

(g) If ' against any other municipality, theclaim shall be filed with the person who performsthee duties of a clerk or secretary and shall statethe time and place of the accident and anitemized statement of the damages sought . .

(4) Failure of the governing body to passupon the claim within 90 days after presentationconstitutes a disallowance., Disallowance by thegoverning body bars any action founded on theclaim unless brought within 6 months afterdisallowance „ Actions against the state andpayment of the amount recovered shall be asprovided in ss , 28501 , and 285 . 04 . For thepurposes of this section, judgments againstmunicipalities shall be certified, f iled andcollected as provided in s . 66 . 09 whether namedtherein or, not ,

(5) If the allowance of claim is by or thejudgment is against any municipality lying inmore than onee town, city, village or county,, thegoverning body of' the debtor municipality shallprorate the amount of the claim allowed or thejudgment and so certify to the proper officials fortax levy, so that the taxable property of thedebtor' municipality will equitably bear theamount of ' theclaim or judgment .

(6) This section does not create any liabilityagainst a county f'or, any act of' the sheriff wheresuch liability is prohibited by Article VI, section4, Wisconsin constitution .

CIVIL AND CRIMINAL LIABILITY 345 .09

by any person of a motor vehicle upon thehighways ofihis state.

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1968, the administrator shall .l designate theappointee from the proper category . .

(a) The administrator, himself as chairman .(b) A member of ' the enforcement division of

the division of motor vehicles .(c) A member of the Wisconsin sheriffs and

deputy sheriffs association, designated by thepresident thereof'

(d) A member of the county traffic patrolassociation, designated by the pr esident thereof'. .

(e) A member of the chiefs of policeassociation, designated by the president thereof .

(f) A member of the state bar of Wisconsin,designated by the president thereof ' .

(g) A member of the Wisconsin council ofsafety, designated by the president thereof '.

(h) A member of" the Wisconsin districtattorneys' association, designated by the presi-dentthereof

(i) A member of the Wisconsin traffic judgesassociation, designated by the president thereof ' .

(4) The committee shall meet at the call ofthe chairman . : Members of the committee shallreceive no compensation for their services andshall not be reimbursed for their expenses . . Uponapproval of a form for the uniform trafficcitation and complaint by the committee, theadministrator shall under s . 110 . 06 promulgatesuch form as an administrative rule, and with theapproval of' the committee shall make such otherrules as are necessary forr the implementationand operation of this section . .

(5) Notwithstanding any other provision ofthe statutes, the use of the uniform trafficcitation and complaint promulgated under , sub ..(4) by any peace off i cer in connection with theenforcement of any state traffic laws or any localtraffic ordinances in strict conformity with thestate traffic laws, shall be deemed adequateprocess to give the appr opriate court jurisdictionover the person upon the filing with such court ofthe uniformtraffic complaint.

(6) The administrator shall cause to beprinted and sold to alll law enforcement agenciesin this state with authority to enforce state trafficlaws or local laws adopted underr authority of' s ..349 . . 06 serially numbered uniform traffic cita-tions and complaints

(7) Each law enforcement agency issuinguniform traffic citations and complaints shall beresponsible for the disposition of all suchh formsissued under its autharity, and such lawenforcement agencies shall prepare and submitsuch records and reports relating to the uniformtraffic citations and complaints in the mannerand at the-time prescribed by the administrator .

(8) Any person who, with criminal intent,solicits or aids in the disposition or attempteddisposition of - a uniform traffic citation andcomplaint in any unauthorized manner shall be

345.11 Uniform traffic citation and com-plaint . (1) On and after July 1, 1969 theuniform traffic citation created by this sectionshall in the case of moving traffic violations andmay in the case of parking violations be used byall law enforcement agencies in this state whichare authorized to enforce the state traffic lawsand any local traffic laws enacted by any localauthority in accordance with s . 349 .06 .

(1m) The uniform traffic citation shall beused for violations of ch 350 relating to highwayuse or ordinances in conformity therewith whencommitted on the highway, but no points shall beassessed against the driving record of" theoperator of a snowmobile . The report ofconviction and abstract of court record copyshall be forwarded to the division of motorvehicles

(2) The uniform traffic citation andcomplaint shall be on a form prescribed by thecommittee created by sub, . (3) and shall consistof '4 parts : a complaint, a report of'conviction andabstract of court record for, the department, apolice record and report af action on the case anda traffic citation and stipulation of guilt . Thef'or'm shall provide for the name, address, birthdate, operator's license number: of the allegedviolator if' known, the license number of thevehicle, the offense alleged, the time and place ofthe offense, the section of the statute orordinance violated, a designation of the offensein such manner as can be readily understood by apersonn making a reasonable effort to do so, andsuch other information as may be pertinent to theof'f'ense . .

(3) The administrator shall appoint acommittee to prescribe the form of`the uniformtraffic citation and complaint . . The committeeshall be composed as shown in pars . (a) to (i),but if any appointment is not made by March 1,

345.09 CIVIL AND CRIMINAL LIABILITY

served . In all cases of service under this sectionthere shall be served the original, one copy for theadministrator's record of service and suchadditional number of copies- as there aredefendants so served in the action .. The originalshall be returned with proper certificate ofservice attached for filing in court as proof of'service of the copies by having mailed them byregistered mail to the defendants named therein .The service fee shall be $4 for each defendant soserved . The administrator shall keep a record of'all such processes and notices, which record shallshow the day and hour ' of' service

(3) This section applies to a nonresidentdefendant who was a resident of this state at thetime of the accident or occurrence which gaver is e to the cause of action sued on . .

ARRESTS, BAIL, PENALTIES ..

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345 .23 Officer's action after arrest with-out a warrant . If'aperson is arrested without awarrant for the violation of a traffic regulation,the arresting of'f'icer shall issue a citation under s .345 . .25, and in addition :

(1) May release him ; or(2) Shall release him when he :(a) Makes a deposit under, s 345 . .2 .6 ; or(b) Makes a stipulation of no contest and

deposit under s . 345 ..27 ; or(c) Deposits his valid Wisconsin operator's

license as defined in s . . 343,01 (2) (b) with theofficer . The license deposited shall be the licenseunder which he was operatingg at the time ofarrest If'the license is deposited with the officer,the officer shall issue to the licensee a receiptwhich shall be valid as a driver's license throughthe date specified on the receipt, which shall bethe same as the court appearance date, and theoff'icer' shall, at the earliest possible time prior tothe court appearance date, deposit the licensewith the court .

(d) Presents a guaranteed arrest bondcertificate under s . .345 ..61 . .

(3) Shall, if' the alleged violator is notreleased under sub. (1) or (2), bring himwithout unreasonable delay before a,judge or, forordinance violations, before a municipal justicein the county in which the violation was allegedto have been committed . .History: 1971 c 278 ; 197 3 c . 218

345 .24 Officer'ss action after arrest fordriving under influence of iostoxicant. Aperson arrested under s .. .346 . .63 or an ordinancelawfully enacted in conformity therewith foroperating a motor vehicle while under theinfluence of an intoxicant may not be releaseduntil 4 hours have elapsed from the time of hisarrest or unless a chemical test administeredunder s .34 .3 . .305 shows that there is OS % or lessby weight of alcohol in such person's blood, butsuch person may be released to his attorney,spouse, relative or other responsible adult at anytime after arrest .

Hi story : 1971 c . 278 . .

345 .20 General provisions 3n traffic forfeit-ureactions . (1)DEFINITIONS. Inss .34520to345.53 :

(a) "Traffic regulation" means a provision ofchs. .34.1 to :349 for which the penalty for violationis a forfeiture, or an ordinance enacted inaccordance with s 349 ..06 . .

(b) ".Judge" has the meaning specified in s .967 ..02 (6) . .

(2) PROCEDURE. The apprehension ofalleged violators of traffic regulations and thetrial of forfeiture actions for the violation oftraffic regulations shall be governed by ss .345 21 to .345 . .53 . . Where no specific procedure isprovided in ss . 345 21 to 345 .53, ch . 299 shallapply .Histor y: 1971.c. 278 .Wisconsin's uniform traffic court procedure Hough, 1972

WBBNo 4

345.21 Authority to arrest with a warrant .(1) A person may be arrested for, the violation ofa traffic - regulation with a warrant thatsubstantially complies with ch . 968 . . Except asprovided in sub."(2 (2), tperson arrested shall bebrought without unreasonable delay before acourt having jurisdiction to try the action or ajudge .

(2) In traffic regulation actions, the judge ormunicipal justice who issues a warrant under-sub. (1) may indorse upon the warrant the

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in criminal contempt of ' the court having originalj urisdiction of said cause of action

History : 19 71 c 164 s 81 ; 1971 c 27 7 ; 1973 c 218

345 .17 Penalty for false statements. Anyperson making a false statement to the division ofmotor vehicles or, administrator, of said divisionof motor vehicles on which such division or theadministrator relies in performing an act, issuinga duplicate title, license or operating privilege, oradministering any law which the division oradministrator is required by law to administer orperform, shall, on the first offense be required toforfeit not less than $25 nor more than $100; and,on the 2nd and each subsequent offense not lessthan $100 not, more than $500 . .

History: I973c 218 .

345.18 Sentencing of Juveniles. A personunder the age of 18 years shall be present at theimposition of sentence in cases for violation ofchs .: 341 to 348 or, ordinances enacted inconformity therewith under ch . .349 .. This sectiondoes not apply to parking violations or, to caseswhere a stipulation of guilt or nolo contenderehas been accepted for a violation of a localordinance . A court may waive the requirement ofpersonal appearance under this section in casesof exceptional hardship . .

CIVIL AND CRIMINAL LIABIL ITY 345.24

amount of' the deposit . If no indorsement is madethe deposit schedule under s. 345 26 (2) shallapply unless the court directs that the person bebroughtbeforethe court .

History: 1971 c 278 ; 1973c 218 .

345.22 Authority to arrest without awarrant. A person may be arrested without awarrant for- the violation of a traffic regulation if'the traffic officer has reasonable grounds tobelieve that the person is violating or has violateda traffic regulation .History: 1971 c . 278

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345.26 . Deposit. (1) (a) A person arrestedunder s . .345 .. 22 for the violation of a trafficregulation who is allowed to make a depositunder s . 345 23 (2) (a) shall deposit the moneyas the arresting officer directs by either mailingthe deposit at a nearby mailbox to the office ofthe sheriff, headquarters of the county trafficpatrol, district headquarters or station of thestatee traffic patrol, city, village or town policeheadquarters or a precinct station, the office ofthe municipal justice, the office of the clerk ofcourt, or by going, in the custody of the arrestingofficer, to any of those places to make thedeposit , . Before allowing the arrested person tomake the deposit the arresting officer or theperson receiving the deposit shall comply with s .343 27 or, if the deposit is mailed, the signedstatement required under s. 343,27 shall bemailed with it .

(b) The arresting- of 'f'icer, or the personreceiving the deposit shall notify the arrestedperson, orally or in wr iting, that:

1 . If he fails to appear in court at the time fixedin the citation,, he will be deemed to havetendered a plea of no contest and submitted to aforfeiture plus costs not to exceed the amount of

345 .27 Stipulation of no contest. (1) If aperson is issued a citation for a violation of atraffic regulation, he may make a stipulation ofno contest and depositt in accordance with theschedule established under s . .345 ..26 (2) (a) atthe office of the clerk of court, sheriff, or city,village or town police department or a precinctstation, headquarters of the county trafficpatrol, district : headquarters or station of thestate traffic patrol, or the office of'the municipaljustice in the county in which the citation wasissued as designated by the arresting officer or hemay mail the stipulation and deposit to the placedesignated by the arresting officer . The depositshalll include court costs and suit tax if

345.25 CIVIL AND CRIMINAL LIABILITY

345.25 Traffic citation.( 1) Traffic citationsissued under ss . 345 20 to 345 . 53- shall conformto s. 345 . 11 .,

(2) In addition to the requirements undersub . (1), citations may inform the allegedviolator that in lieu of ' a court appearance hemay, within a specified time, make a depositunder s .345 . . 26 or stipulate no contest under s .345.. 2'7 : If the citation provides f 'or, mailing thedeposit, it shall state the amount of the deposit,shall contain the information required under s .34127 and shall provide that the alleged violatorshall sign a statement before mailing to the effectthat he has read such information and mail thestatement with the deposit .. If the citation doesnot contain the information specified in thissubsection, such information shall be given to thealleged violator in a separate printed statementattached to the violator's copy of the citation . .

(3) The receipt required by s . .345 . 23 (2) (c)may be part of the citation or may be given to thealleged violator on a separate form .

History: 1971 c 278 .

345 .255 Deposit after release. A personarrested under s . 345,22 for the violation of atraffic regulation who is released under s . 345 .23(1) shall be permitted to make a deposit anytime prior to the court appearance date .. Thedeposit shall be made in person or by mailing it tothe clerk of the court of'the county in which thealleged violation occurred .

History: l9'73 c 218 .

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the depositt which the court may accept asprovided in s. 345 . . .37 ; or

2 If' he fails to appear in court at the time fixedin the citation and if the court does not accept thedeposit as a forfeiture for the violation, he will besummoned into court to answer the complaint

(2) (a) The basic amount of ' the deposit forthe alleged violation of a traff i c regulation shallbe determined in accordance with a depositschedule which the board of county judges shallestablish. Annually, the board shall review andmay revise the schedule,

(b) In addition to the amount in par . (a), thedeposit shall include court costs and suit tax ifapplicable.

(3) (a) The arresting officer or the personaccepting the deposit may allow the allegedviolator, to submit a check for the amount of thedeposit,, and such check shall be considered areceipt in lieu of ' par (b) .

(b) The person receiving the deposit shallfurnish a receipt on a serially numbered form,and shall deliver the original receipt to thealleged violator, i f requested, and shall state tothe alleged violator that he may inquire at theoffice of the clerk of court or justice regardingthe disposition of the deposit .. The receiptreferred to in this subsection may be included aspart of the uniform citation under s . 345 . 25

(4) If the alleged violator is in custody, heshall be released after he has made the depositspecified in this section ..

(5) Any person, other than the clerk of courtor the municipal justicee before whom thedefendant is directed to appear, who accepts thedeposit shall, before the time fixed for theappearance of the defendant, deliver the depositand a copy of the receipt and of' the citationissued to the defendant to the clerk of' the court orthe municipal justice. The clerk or municipaljustice shall give a receipt therefor, specifyingthe serial number of the receipt accompanyingthe deposit.

History: 1971 c 278; 1973 c . 218, 228, 336

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345 .315 Change of judge. (1) In trafficregulation cases a person charged with aviolation may file a written request for asubstitution of a new judge or justice for thejudge or justice assigned to the trial of'that case . .The written request shall be filed not later than 7days after the return date of the citation .. Uponfiling the written request, the alleged violatorshall forthwith serve a copy thereof'on each partyto the action,

(2) Not more than one judge or justice can bedisqualified in any action . . All defendants mustjoin in any request to substitute a judgee orjustice .

(3) In a court of record in counties having 3 ormore county judges the clerk shall reassign anycase transferred by virtue of'the substitution of a,judge as provided herein . Thee county board ofjudges shall make rules for such assignment .. Allother cases shall be assigned as provided in s .2.51: . . 1 82 .

(4) In municipal court, upon receipt of" thewritten request accompanied by a fee of $4, thejustice shall transfer the case to another justiceor to the county court of the county where theoffense occurred . Upon transfer, the justice shalltransmit to the appropriate court all the papersin the action and the action shall proceed as ifithad been commenced therein ..

Hist ory: 1971 c 278 ; 1973 c 218

345 .32 Initial appearance before judge. Ifa defendant is arrested and brought withoutunreasonable delay' before a judge who, or acourt which, does not have jurisdiction to try thecase, he shall be committed to await trial in acourt with jurisdiction and all papers shall besent forthwith to that court .. In lieu ofcommitment, the judge may release the defend-ant if he posts bond for his appearance in such

345.28 . Nonmoving violations . (1) A per-son charged with a nonmoving traffic violationmay mail the amount of the for feiture to any ofthe places specified in s 345 26 (1) or to aviolations bureau, or to the city, town or countyclerk or treasurer if the traffic citation soprovides . In that case, the citation shall not befiled in court . A nonmoving traff ic violation isany parking of a vehicle in violation of a statuteor an ordinance : .

(2) If the alleged violator does not mail theamount of the forfeiture as provided in sub .. (1) ;a summons or warrant under' ch . 968 may beissued for him . Upon his appearance, thepr ocedur e under ss , 345 . . 32 to .345 . .36 shall apply .

History: 1971 c 278

345.30 Jurisdiction. Jurisdiction over, ac-tions for violation of traffic regulations is

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applicable. The stipulation shall be receivedwithin 10 days of the date of the allegedviolation . . The person who has mailed or filed astipulation under this subsection may, however,appear in court on the court appearance date .. If aperson appears in court af'ter ' making astipulation, s 345,37 (3) applies .. Stipulationsare not permitted for violations of ss . 346 . 62 (1)and 346,63 (1) or a local ordinance which is inconformity therewith .

(2) If a person is cited for a violation for -which a stipulation is authorized and makes atimely stipulation and pays the required deposit,the person need not appear ' in court.. Beforeallowing the arrested person to make astipulation and deposit, the arresting officer orthee person receiving the stipulation and depositshall comply with s . .343 .. 27 or, if the stipulationand deposit are mailed, the signed statementrequired under s . 343,27 shall be mailed with it .The official receiving the stipulation and depositshall promptly transmit the stipulation anddeposit to the clerk of court or the municipaljustice having `,jurisdiction in the county . . Theclerk of the court or the municipal ,justice havingJurisdiction in the county may receive stipula-tions' according to this subsection and shallreceive all other stipulations made pursuant tosub . . (1) but the municipal justice shall process astipulation when a citation is issued within hismunicipality . . The clerk of municipal justiceshall, for all stipulations, record on the courtappearance date, a judgment of conviction andenter depositss as f i nes or f 'orf'eitures and shallcomply with ss . 343 .28 and 34537 (5) Thejudge or the court may relieve any person from astipulation or any other order', judgment orconviction entered or made as provided in s . .

.. .34537(3)History: 1971 c 278 ; 1973c 218 ,

CIVIL AND CRIMINAL LIAB ILITY 345.32

conferred upon any court of record which hascriminal jurisdiction, but circuit courts shall nothave original jurisdiction over traffic regula-tions. Municipal courts shall have jurisdictionover traffic regulations enacted in accordancewith s . 349 06

Hist ory: 1971 c . 278

345 .31 Venue in traffic regulation actions .Section 9'71 . .19 on place of" trial in criminalactions applies to actions for the violation oftraffic regulations except that, in the case of aviolation of'an ordinance of'a municipality whichis located in more than one county, the actionmay be brought in any court sitting in thatmunicipality even though in another county .. Asan alter native, the plaintiff may bring the actionin the county where the defendant resides .

Hi s tory : 1971 c 218

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345.37 Procedure on default of ap-pearance. If the defendant fails to appear' incourt at the time fixed in the citation or bysubsequent postponement, the following ptoce-dure shall apply:

(1) If he has not made a deposit under s .345 .26 or a stipulation of no contest under s . .345.27, the court may issue a warrant under ch .968

(2) If he has made a deposit under s . . 345 ..26,the citation may serve as the initial pleading andhe shall be deemed to have tendered a plea of nocontest and submitted to a f'orf'eiture plus costsand the applicable suit tax, not exceeding theamount of the deposit .. The court may eitheraccept the plea of no contest and enter, judgmentaccordingly, or reject the plea and issue asummons under ch . 968 . If the defendant fails toappear in response to the summons, the courtshall issue a warrant under ch. 968 Ifthe courtaccepts the plea of no contest, the defendant maymove within 10 days after the date set for hisappearance to withdraw the plea of no contest,open the judgment and enter' a plea of not guiltyif he shows to the satisfaction of'the court that hisfailure to appear was due to mistake, in-advertence, surprise or excusable neglect If' onreopening, the defendant is found not guilty thecourt shall immediately notify the division todelete the record of conviction based on theoriginal proceeding and shall order the defend .-ant's deposit returned to him . .

(3) If the defendant has stipulated no contestunder s . 345 . .27, the court, judge or justice havingtrial jurisdiction of such violation may, onmotion with or without notice, for cause shownby affidavit and upon just terms, within 10 daysafter such stipulation has been entered into,relieve any party from such stipulation and theef'f'ects thereof..; If a party is relieved from the pleaof no contest, the court, judge or justice mayorder the stipulation or a written complaint to befiled and set the matter for trial . After trial thecosts and fees shall be taxed as provided by law., . .

(4) If a violator's deposit is forfeited for, or if'an alleged violator stipulates to entry of, a plea ofno contest to any violation for which hisoperator's record will be charged with demeritpoints as established by rule under s 343 32 (2),the official accepting the f'orf'eiture shall complywith s . 343 27 ( .3),

(5) Within 5 working days after forfeiture ofdeposit -or entry of default judgment, the, official

345 .36 Not guilty plea; continuance. If thedefendant pleads . not guilty and requests acontinuance the court shall set a date for trial oradvise the defendant that he will later be notifiedof the date set for trial . The defendant shall bereleased if he posts a bond for-, his appearance, or-the .. court may release him on his ownrecognizance, or the court may release himwithout bail ; if he is not so released he shall becommitted to jail too await trial . If a defendant

345.32 CIVIL AND CRIMINAL LIABILITY

court, or the judge may release him on his ownrecognizance for such appearance, or the judgemay release him without bail . The court to whichthe case is sent may similarly release thedefendant .

History : 1971 c . 278 .

345 .34 Arraignment ; pleas. (1) If' thedefendant appears in response to a citation, or isarrested and brought before a court withjurisdiction to try the case, he shall be informedthat he is entitled to a,jury trial and then askedwhether he wishes presently to plead, or whetherhe wishes a continuance . If he wishes to plead, hemay plead guilty, not guilty or' no contest . .

(2) If he pleads guilty or, no contest, the courtshall accept the plea, find him guilty and proceedunder s . 345 ..47 .

(3) If a summons or citation is issued by apolice officer for a violation of any municipalordinance or of ehs 194 or 340 to 348 and 350,the defendant may enter a plea of not guiltybased on such summons or citation by letter tothe judge or justice at the address indicated onthe summons or citation, the letter to show thedefendant's return address, Such letter mayinclude a request f'or, trial during normal daytimebusiness hours . Upon receipt of the letter, thejudge or justice shall reply by mail to thedefendant's address setting forth a time andplace for trial, such time to be during normalbusiness hours if requested by the defendant .The date of the trial shall beat least 10 days fromthe mailing by the judge or, ,justice Nothing inthis subsection forbids the setting of'the trial atanytime convenient to all parties concernedHistor y: 1971 c, 278 ; 1973 c 218

345 .35 Not guilty plea; Immediate trial .(1) Ifthe defendant pleads not guilty, the courtshall ascertain whether he wishes an immediatetrial or whether, he wishes a continuance . . Theplaintiff shall also be entitled to a continuance if"the defendant pleads not guilty .

(2) If the defendant pleads not guilty andstates that he waives the right to jury trial andthat he wishes an immediate trial, the case maybe tr'ied forthwith if the plaintiff consents . .

History: 1971 c . 278

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fails to appear at the date set under this section,the court shall issue a warrant under ch . 968 and,if' the alleged violator has posted bond for his -appearance at thatdate, the court may order thebond forfeited . .

History : 1971 c . 278

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345 .425 Mode of trial. (1) The defendantshall be informed of his right to a jury trial incounty court on payment of fees required by s . .345 43 (1): If the defendant requests a jury trialin municipal court and pays the fees required bys .. 345 .43, the justice shall promptly transmit allpapers and fees in the cause to the clerk of thecounty court of the county where the violationoccurred .

(2) If' both parties, in a court of record,request a trial by the court or ifneither demandsa trial by jury, the right to a trial by jury iswaived .

Hi s tory : 1971 c, 278 .

345 .38 Effect of plea of no contest.Forfeiture of deposit under s . 345,37 (2), anaccepted plea of no contest, or a stipulation of nocontest under s . .345 .27, to a charge of violationof a traffic regulation shall not be admissible inevidence as an admission against interest in anyaction or proceeding arising out of the sameoccurrence as the charge of'violation of a trafficregulation .

Hi s to ry : 19'71 a 278 .

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receiving the forfeiture shall f 'or' ward to thedivision a certification of the entry of defaultjudgmentt or a ,judgment of forfeiture .

(6) Any personn who fails to comply with thissection relative to forwarding records of convic-tions to the division may be fined not more than$100.

(7) If a defendant who has not made a cashdeposit or stipulation of no contest and who hasdeposited his valid Wisconsin's chauf'feur's oroperator's license under s . 345 .. 2.3 (2) (c) fails toappear in court at the time fixed in the citation orby subsequent postponement, the court shallorder' his license suspended for a period of 30days or until the case is disposed of, whichever islonger . Within 48 hours after the order ofsuspension, notice of the suspension shall beforwarded to the division but the court shallretain possession of the suspended license , . Thecourt may enterr an order vacating the suspensionif' the defendant so moves within 10 days after thedate set for his appearancg and proves to thesatisfaction of ' the court that his failure to appearwas due to mistake, inadvertence, surprise orexcusable neglect . If no order , has been enteredvacating the suspension the court shall forthwithforward the license to the administrator If thecourt enters an o r der vacating the suspension orif the disposition of the case requires terminationof the suspension the court shall immediatelynotif',y the administrator . Suspension under thissubsection shall not affect the power ' of the courtto suspend or revoke under s .. 343 .30 or the powerof the administrator to suspend or revoke unders,34332,

History : 1 9 7 1 c , 278 ; 1 97 3c 218

345.375 Judgment against a corporation .(1) If a corporation fails to appear within thetime required by the citation, the default of suchcorporation may be recorded and the chargeagainst it taken as true and judgment shall berendered accordingly .

(2) Upon default of the defendant corpora-tion or upon conviction, judgment for, theamount of the forfeiture shall be entered :

History: I973c 218 .

CIVIL AND CRIMINAL LIAB ILITY 345 .425

345 .40 Pleading. A citation which complieswith s 345,11 or a complaint which complieswith the appropriate provisions of'ch . 968 maybeused as the initial pleading, or the,justice, clerk orone of his deputies may enter upon the records ofthe court a statement of the offense charged,which shall stand as a complaint, unless the courtdirects that formal complaint be made .. Severalcounts may be joined in one complaint or aseparate complaint may be prepared for eachseparate violation . . The defendant's plea shall beguilty, no contest or not guiltyy and shall beentered as not guilty upon failure to plead . A pleaof not guilty shall put all matters in such case atissue . .

H is to ry : 1971 c 278

345 .41' Motion to dismiss . Defenses whichcould be taken by pleas in abatement, in bar,demurrers and motions to quash shall be raisedby motion to dismiss, which motion shall bemade before any trial on the merits, or be waived . .

History: 1971 c 278

345.42 No preliminary examination . Thereshall be no preliminary examination .

Hi story: 1971 c 278

345.421 Discovery. Neither party is entitledto pretrial discovery except that if the defendantmoves within 10 days after the alleged violationand shows cause therefor, the court may orderthat he be allowed to inspect and test under s .269,57 (1) and under such conditions as thecourt presc r ibes, any devices used by the plaintif 'f'to determine whether a violation has beencommitted, including without limitation, devicesused to determine presence of alcohol in breathor, body fluid or to measure speed, and mayinspect under s 269.. 5 '7 (1) the t eports of" expertsrelating to those devices . . .

History: 1971 c 278

345 .422 No guardian ad litem . No guardianad litem need be appointed for any defendant ..

Histor y: 1971 c . 278

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such list contain less than 50 names . . Except asherein provided, thee provisions of s 255 .04,relating to the preparation of jury lists for thecircuit court, so far as applicable, shall apply toand govern the preparation of such list, but theslips containing the names of jurors so selectedshall be deposited in a box designated the `` .(name of"municipalit,y) jury list" .

(4) Any jury fee paid under this section shallbe refunded if .̀

(a) The case is dismissed by the court prior tothe commencement ofthe trial ; or

(b) The defendant pleads guilty to the chargeor a lesser charge more than 24 hours before thejury is required to report to the court .

History: 1971 c 278 ;1973c 218

345 .45 burden o f proof. The standardd ofproof for conviction of any person charged withviolationn of any traffic regulation shall beevidence that is clear, satisfactory and convinc-ing :

History : l973c 218

345 .46 Verdict. A verdict is valid if agreed toby five-sixths of the jury . If a verdict relates tomore than one count, it shall be valid as to anycount if any five-sixths of'the jury agree thereto .The form of the verdict shall be guilty or notguilty, except where it is necessary to determinespeed .. The amount of the forfeiture shall bedetermined by the court after the court makes itsfinding.History: 1971 c . 278 .

345 .47 Judgment of forfe i ture. (1) If thedefendant is found guilty, the court may enterjudgment against him for a monetary amountnot to exceed the maximum forfeiture providedfor- the violation and for costs under s . 345,53and, in addition, may suspend or revoke hisoperating privilege under' s 343 .30 .. If the;judgment is not paid, the court shall order :

(a) That the defendant : be imprisoned for atime specified by the court until the judgment ispaid, but not to exceed 90 days ; or

(b) In lieu of imprisonment and in addition toany other suspension or revocation, that thedefendant's operating privilege be suspended for :a period of time not less than 30 days nor morethan 6 months . If the person pays the forfeitureafter suspension under this section, the suspen-sion shall be reduced to the minimum period of30 days Suspension under this paragraph shallnot affect the power of the court to suspend orrevoke: under s: 343 . . .30 or thepower of theadministrator to suspend or, revoke such operat-ing privilege .. . .

(c) If a court or,judge suspends an operatingprivilege' under this section, the court or judge

345.43 Jury trial . (1) (a) If' a case has beentransferred under s 345 . . 425, or if in county courteither party files a written demand for a jury trialwithin 20 days after the, date of the issuance ofthe citation and immediately pays the feesspecified in par . (b), the court shall place thecase on the jury calendar of the county court orshall forthwith transfer the case to circuit courtf'or, trial . The demand shall specify whether trialis to be by a jury of 6 or 12 If no party demands atrial by a ,jury of 12, the right to trial by a jury of12 is. waived forever . .

(b) The fee for a 12-man jury is $24 , plus theapplicable suit tax and clerk's fee .. The fee for a 6-man -,jury is $12, plus the applicable suit tax andclerk's fee . .

(2) If' there is a demand for a trial by a , jury of12, the procedure applicable to jury trials in civilactions shall apply

(3) (a) If a 6-man jury is demanded, incounties having a population of 500,000 or more,the jury shall be drawn from the circuit courtj ury panel and selected as set forth under TitleXXV . In all other counties, such juries shall beselected as provided in pars . (b) and (c), exceptthat any party may demand trial by a county-wide , jury and that the clerk shall select, by lot,the names of' suff'icient persons qualified to serveas jurors as will provide to each party entitled toperemptory challenges the number of challengesspecified in par . (b) .

(b) If ' a timely 6-man jury demand is made,the judge shall direct the clerk of the court toselect by lot from the current jury panel thenames of 18 residents of the county qualified toserve as ,jurors in courts of record,, from whichlists ' either party may strike 5 names . I f eitherparty neglects to strike out names, the clerk shallstrike out names far him .. Except in countieshavingg a population of 500,000 or more, no voirdire examination or challenge for cause shall bepermitted The clerk shall issue a venire to thesher if'f' or constable to summon any 6 personswhose names are not struck out, to appear at thetime and place named in the venire .

(c) Jurors may all be residents of amunicipality in which the court is held unless thedefendant demands a county-wide jury For thispurpose a municipal jury list may be established,known as the . " ., . .. (name of municipality) jurylist", which shall be constituted as follows : Thejury commissioners appointed by the circuitcourt of the county in which the municipality islocated shall, from time to time as required bythe court, provide and furnish a list containingthe names of 200 jurors selected by them fromcitizens residing within the municipality involv-ed . The ;judge or ,judges of ' thecourt may by courtorder direct the jury commissioners to furnish alist of less than 200 ,jurors;, but in no event shall

345 .43 CIVIL AND CRIMINAL LIABILITY 3590

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345.51 Reopen ing of default judgment .Except as provided in s . 345 . . .37, there shall be noreopening of default judgments unless allowedby order of the trial court after, notice and motionduly made and upon : good cause .shown . . Thenotice of motion must be filed within 6 monthsafter entry of judgment _ in the case docket . .Default judgments for purposes of this section

3591

shall immediately take possession of the sus-pended license and shall forward it to thedepartment together with the notice of suspen-sion,which shall clearly state-that the suspensionwas for failure to pay a forfeiture imposed by thecourt . : If'the forfeiture is paid during a period ofsuspension the court or, judge shall immediatelynotify the department .. Upon receipt of suchnotice, the department shall return the licensewhen the minimum period of suspension haspassed..

(2) The payment of any judgment may besuspended or deferred for, not more than 60 daysin the discretion of the court . In cases where adeposit has been made, any forfeitures and costsshall be taken out of the deposit and the balance,if any, returned to the defendant, .

(3) When a defendant is imprisoned fornonpayment of a forfeiture for an action broughtby a municipality located in more than onecounty, any commitment to a county institutionshall be to the county in which the action wastried .

(4) Section 34 .3 . .345 takes precedence overthis section to the extent the 2 sections conflict .

Hi s tory: 1971 c, 278 ; 1973 c 218 .

345 .48 Reporting pending appeal . (1) Ifthe defendant is foundguilty the court shall,within 48 hours, forward to the division therecord of'such conviction.

(2) If the defendant is found guilty of'a trafficviolation for which revocation of his operatingprivilege is mandatory under s .343 . .31, or forwhich the court revokes or suspends hisoperating privilege under s, 343 . . .30, the courtshall immediately take possession of the sus-pended or revoked license. The revocation orsuspension. is effective immediately The courtordered suspension or revocation shall beincluded as pat tof the report of conviction undersub (1) .

(3) Ifno notice of appeal is filed within 10days,- the court shall, within 48 hours after,expiration of the 10-day period, forward to thedivision any surrendered license .

(4) If notice of appeal is filed the court shall,within 48 hours' after it is filed, forward to thedivision a certificate stating that the appeal hasbeen perfected and shall return any surrenderedlicense: `Thereafter-, the court shall notify thedivision as required under s: 343.325 (1) (b)and (c) ..

History :] 971 4.278 .

345.49 Procedu re on : Imprisonment ;nonpayment of forfeiture. (1) Any personimprisoned under s . .345 . .47 for nonpayment of aforfeiture may; on his request, be allowed to workunder s 56.08 ; if he does work, his earnings shall

CIV IL AND CRIMINAL LIABILITY 345.51

be applied on the unpaid forfeiture afterpayment of his board and expenses and supportof his dependents to the extent directed by thecourt . .

(2) Any person who is subject to imprison-ment under s . .345 ..47 for nonpayment of aforfeiture may be placed on probation to someperson satisfactory to the court for- not more than90 days or until the forfeiture is paid if that isdone before expiration ofthe 90-day period . Thepayment of the forfeiture during such periodshall be a condition of such probation . . If ' theforfeiture is not paid or the court deems that theinterests of" justice require, probation may beterminated and the defendant imprisoned asprovided in sub. (1) or s. 345 . . 4 '7 . .

History : 1971 c. 2 78 .

345.50 Appeal. (1) JURISDICTION ON AP-PEAL,. Appeals shall be to the circuit court for thecounty . . On appeal from municipal court, thedefendant is entitled to a trial de novo and to ajury trial, on request . On appeal from countycourt the circuit court has power similar to thatof"the supreme court under ch . 274 to review andto affirm, reverse, remand or modify thejudgment appealed from

(2) STAY' of EXECUTION . The amount ofundertaking required to stay execution on appealshall not exceed the amount of the maximumforfeiture plus court costs ..

(3) PROCEDURE ON APPEAL. Within 10 days

after judgment, appeal may be taken to thecircuit court by filing a notice of appeal with themunicipal justice or with the clerk of the trialcourt, and by serving a copy of such notice on theopposing party or his attorney . If the action wastried in county court the appellant shall, within40 days after the notice of appeal was filed, filewith the clerk of the trial court either a transcriptofthe reporter's notes ofthe trial or a statementthat his appeal can be supported by the case filewithout a transcript. The appellant shall pay thecost of preparing the transcript, and shall delivera copy of the transcript to all parties . Within 10days after the transcript or statement is filedwith the clerk, the clerk shall return the case fileand the transcript or statement to the circuitcourt, and shall notify the parties of'sueh filing inthe circuit court .

History : 19'71 c 2'78

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GUARANTEE . (a) Any domestic or foreign suretycompany which has qualif i ed to t r ansact suretybusiness in this state may, in any year, becomesurety in an amount not to exceed $200 withrespect to any guaranteed arrest bond certifi-cates issued in such year by an automobile club,association or by an insurance company author-ized to write automobile liability insurancewithin this state, by filing with the commissionerof' insurance an undertaking thus to becomesurety .

(b) An association providing a guaranteedarrest bond certificate may obligate itsel f in anamount not to exceed.. $: 1,000 for violations of ch .348. All courts in this state must accept suchguaranteed arrest bond certificate . When a statetraffic patrol officer or state inspector or anylocal law enforcement officer stops an operatorof a vehicle, having in his possession a validguaranteed arrest - bond certificate, he shallobtain the necessary information for his citationand if such guaranteed arrest bond covers thefine for the violation such officer shall releasesuch vehicle and operator,

(2) FORM OF BorrD . Such undertaking shallbe in the form prescribed by the commissioner ofinsurance and shall state the following :

(a) The name and address of' the automobileclubs, : association or companies with respect tothe guaranteed arrest bond certif i cates of whichthe surety company undertakes to be surety..

(b) The unqualifi ed obligation of' the suretycompany to pay the fine or: forfeiture in anamount not to exceed $200, or $1 ;000 asp rovided in sub, (1) (b), of any person who,after posting a guaranteed arrest bond certifi-cate with respect to which the surety companyhas undertaken to be surety, fails to make theappearance to : guarantee which, the guaranteeddarrest bond certificate was posted

(c) The term ".guaranteed arrest bondcertificate" as used herein means any .y printedcard or other certificate issued ;by an automobileclub, association orinsurance company to any ofits members or, insureds, which card orcertif i cate is signed by the member or insuredsandd containss a printed statement that suchautomobile club,, association or insurance com-pany and a surety; company, or an insurancecompany authorized to transact both automobileliability insurance and surety , business,guarantee the appearance of the persons whosesignature appears on the card or certif i cate andthat they will in the event of failure of the personto appear in court at the time of ' trial, pay any f ineor foref'eiture imposed on the per-son in anamount not exceeding $200;: or $1,000 asprovided insub,. (1) (b).-, _

(d) ' A guaranteed : ar rest bond certificateunder sub. ( 1) (b) need ` not be secured by a

345 .55 Traffic officers not to profit fromarrests . (1) No traffic officer shall demand,solicit, receive or be paid any remuneration uponthee basis of number of arrests made, convictionsobtained or amount of fines collected

(2) Any person violating this section may berequired to forfeit not less than $25 nor morethan $200 for the first offense and, for the secondandd each subsequent conviction within one yearthereafter, may be requited to forfeit nott lessthan $50 nor more than $500 .

History : 1971 c 278s 42

345 .60 Penalty of compulsory safetyschool attendance . . . (1) In addition to or inlieu of other; penaltiess provided by law forviolation of chs . 346 to .348, the trial court may inits judgment of conviction order the convictedperson to attend, for a certain number of schooldays, a traffic safety school whose course andmode of instruction is approved by the adminis-trator of the division Of motor vehicles and whichis conducted by the police department, of themunicipality, the sheriff's office of the county or,by any regularly established safety organization, .

(2) This section also applies in the case of anadjudication of violation of a ._local . trafficregulation which is in conformity with chs . .346to 348,

His tory : 1971 c . 278 s, 4 5Convicted dr u n k drivers may be sent to safety school in lieu

of other penalties 6OAtty Gen 26 1

345 .6:1 Guaranteed traffic arrest bonds.(I) ` SURETY " `COMPANIES AUTHORIZED TO

345 .51 CIVIL AND CRIMINAL LIABILITY

include pleas of'guilty, no contest and forfeituresof'deposit

Hi s t ory : 1971 c 278 ; 1973c 218,

345.52 No double prosecution. (1) Aj udgment on the merits in a traffic ordinanceaction bars any proceeding under a state statutefor, the same violation . A judgment on the meritsin an action under a state statute bars anyproceeding under a t r affic ordinance enacted inconformity with the state statute for the sameviolation .

(2) The pendency of an action under a traf 'f'icordinance is grounds for- staying an action under -a state statute f'or , the same violation . Thependency of an action under a state statute isgrounds for staying an action under a trafficordinance enacted in conformity with the statestatute for the same violation .

History: l971c , 278

345 .53 Costs not taxed against plaintiff.In .traf'fic regulation actions in all courts, costssmay not be taxed againstt the plaintiff' .. .

Hi s t ory: 1971 c 278 .

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3593 CIVILAND CRIMINAL LIABILITY 345.61

surety company . The commissioner of insurance state or any motor vehicle ordinance of anymay promulgate rules to insure such bond if ' he county or municipality in this state except for thefeels it necessary, offense of driving under the influence of

(3) Any guaranteed arrest bond certif i cate intoxicating liquors or of' drugs or for any felonywith respect to which a surety company has committed prior to the date of expiration shownbecome surety, or a guaranteed arrest bond on such guaranteed arrest bond certificates ;certificate issued by an insurance company provided, that any such guaranteed arrest bondauthorized to transact both automobile liability certificates so posted as bail bond in any court ininsurance and surety business within this state as this state shall be subject to the forfeiture andherein provided, shall, when posted by the person enforcement provisions with respect to bailwhose signature appears thereon, be accepted in bonds in criminal cases as otherwise provided bylieu of cash bail or other bond in an amount not to law or as hereafter may be provided by law, andexceed $200, or $1,000 as provided in sub . . (1) that any such guaranteed arrest bond ce r tificate(b), as a bail bond, to guarantee the appearance posted as a bail bond in any municipal court ofof such person in any court in this state, including this state shall be subject to the forfeiture andall municipal courts in this state, at such time as enforcement provisions, if any, of the charter, ormay be required by such court, when the person ordinance of the particular county or, municipali-isartested for violation of any vehicle law of' this ty pertaining to bail bonds posted,

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