reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.09 - Service of process on nonresident.

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 legal process in any action or proceeding against the nonresident or the nonresident's personal representative, growing out of the use or operation of the motor vehicle in this state and resulting in damage or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. The appointment of the secretary as attorney for service of process is binding upon the nonresident's personal representative. The use or operation of a motor vehicle over the highways of this state by the nonresident is a signification of the nonresident's agreement that any legal process or notice against the nonresident or the nonresident's personal representative that is so served shall be of the same legal force and validity as if served on them personally.
(2)
The secretary as attorney upon whom processes and notices may be served under this section shall, upon being served with such process or notice, forthwith mail by registered mail a copy thereof to such nonresident at the out-of-state nonresident address given in the papers so served. It is the duty of the party or the party's attorney to certify in the papers so served that the address given therein is the last-known out-of-state nonresident address of the party to be served. In all cases of service under this section there shall be served 2 authenticated copies for the secretary and such additional number of authenticated copies as there are defendants so served in the action. One of the secretary's copies shall be retained for the secretary's record of service and the other copy shall be returned with proper certificate of service attached for filing in court as proof of service of the copies by having mailed them by registered mail to the defendants named therein. The service fee shall be $25 for each defendant so served. The secretary shall keep a record of all such processes and notices, which record shall show the day and hour of service.
(3)
This section applies to a nonresident defendant who was a resident of this state at the time of the accident or occurrence which gave rise to the cause of action sued on.
History:  1977 c. 29 ss. 1467, 1654 (7) (c); 1977 c. 60, 418; 1993 a. 16; 1999 a. 9; 2001 a. 102.
Service upon a nonresident's father at the father's residence was insufficient for the exercise of personal jurisdiction over a nonresident in a diversity case, despite claimed actual notice, when no attempt was made to comply with this section. Chilcote v. Shertzer, 372 F. Supp. 86 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.17 - Penalty for false statements.

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 duplicate license or operating privilege.
(c)
Performing an act or administering a law that the department or secretary is required by law to administer or perform.
(2)
Any person who violates sub. (1) shall forfeit not less than $25 nor more than $100 for the first offense and shall forfeit not less than $100 nor more than $500 for the 2nd and each subsequent offense.
History:  1973 c. 218; 1977 c. 29 s. 1654 (7) (a), (c); 1989 a. 105; 1999 a. 80.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.18 - Sentencing of juveniles.

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 cases where a stipulation of guilt or no contest has been accepted for a violation of a local ordinance. A court may waive the requirement of personal appearance under this section in cases of exceptional hardship.
History:  1979 c. 110 s. 60 (6); 1979 c. 333 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.20 - General provisions in traffic forfeiture actions.

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 an ordinance enacted in accordance with s. 349.06. Except as otherwise specifically provided, “traffic regulation" does not include a nonmoving traffic violation as defined in s. 345.28 (1).
(2)
Procedure.
(a)
Except as provided in par. (b), the apprehension of alleged violators of traffic regulations and the trial of forfeiture actions for the violation of traffic regulations shall be governed by ss. 345.21 to 345.53. Where no specific procedure is provided in ss. 345.21 to 345.53, ch. 799 shall apply to such actions in circuit court.
(b)
The trial of forfeiture actions in municipal court for the violation of traffic regulations shall be governed by ch. 800. Provisions relating to the uniform traffic citation in s. 345.11, to arrests in ss. 345.21 to 345.24, to deposits and pleas of no contest under s. 345.26, to the authority of the court under ss. 345.37, 345.47, 345.48 and 345.50 and to guaranteed arrest bonds under s. 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.
(d)
A nonmoving traffic violation is governed by s. 345.28. The trial of forfeiture actions for nonmoving traffic violations is governed by ss. 345.28 and 345.34 to 345.47. Where no specific procedure is provided in ss. 345.28 or 345.34 to 345.47, ch. 799 applies to actions in circuit court and ch. 800 applies to actions in municipal court.
(f)
Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c), or (d). The report of conviction shall be forwarded to the department.
(g)
Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures for violations of s. 287.81. No points may be assessed against the driving record of a person convicted of a violation of s. 287.81. The report of conviction and abstract of court record copy of the citation form shall be forwarded to the department.
History:  1971 c. 278; 1977 c. 305; 1979 c. 32 s. 92 (16), (17); 1979 c. 34; 1979 c. 175 s. 50; 1981 c. 20, 165; 1983 a. 74, 189; 1985 a. 36; 1987 a. 3, 267; 1989 a. 31, 105, 170, 335; 1993 a. 359; 1995 a. 227; 2003 a. 139; 2015 a. 196.
Wisconsin's uniform traffic court procedure. Hough, 1972 WBB No. 4.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.21 - Authority to arrest with a warrant.

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 court having jurisdiction to try the action or a judge.
(2)
In traffic regulation actions, the judge or municipal judge who issues a warrant under sub. (1) may endorse upon the warrant the amount of the deposit. If no endorsement is made the deposit schedule under s. 345.26 (2) shall apply unless the court directs that the person be brought before the court.
History:  1971 c. 278; 1973 c. 218; 1977 c. 305 s. 64.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.22 - Authority to arrest without a warrant.

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.
Although this section and s. 968.24 pertain only to crimes and violations of traffic regulations, neither statute forecloses traffic stops to enforce non-traffic civil forfeiture offenses. State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
The statement in Popke, 2009 WI 37, that “a police officer may . . . conduct a traffic stop when, under the totality of the circumstances, he or she has grounds to reasonably suspect that a crime or traffic violation has been or will be committed," did not purport to circumscribe the universe of possible scenarios within which traffic stops permissibly may occur, or to make such limits contingent on whether the legislature has titled a particular law a “traffic regulation." A reasonable suspicion that a violation of the littering statute, s. 287.81, a non-traffic civil forfeiture offense, had occurred justified a brief and limited traffic stop. The more onerous standard of probable cause would also therefore justify a traffic stop. State v. Iverson, 2015 WI 101, 365 Wis. 2d 302, 871 N.W.2d 661, 14-0515.
A city police officer is a traffic officer within s. 345.22. 61 Atty. Gen. 419.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.23 - Officer's action after arrest without a warrant.

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 when he or she:
(a)
Makes a deposit under s. 345.26; or
(c)
Deposits the person's valid Wisconsin operator's license with the officer. If the license is deposited with the officer, the officer shall issue to the licensee a receipt which shall be valid as a driver's license through the date specified on the receipt, which shall be the same as the court appearance date, and the officer shall, at the earliest possible time prior to the court appearance date, deposit the license with the court.
(d)
Presents a guaranteed arrest bond certificate under s. 345.61.
(3)
Shall, if the alleged violator is not released under sub. (1) or (2), bring him or her without unreasonable delay before a judge or, for ordinance violations, before a municipal judge in the county in which the violation was alleged to have been committed.
(4)
Shall, if the alleged violator is released under sub. (1) or (2), specify on the citation a return date which may not be more than 90 days after the issue date.
History:  1971 c. 278; 1973 c. 218; 1977 c. 305, 418; 1983 a. 189 s. 329 (32); 1989 a. 105, 170, 359.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.24 - Officer's action after arrest for driving under influence of intoxicant.

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 released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 343.305 shows that the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
(2)
If the person was issued an out-of-service order under s. 343.305 (7) (b), the person may be released as provided under sub. (1).
History:  1971 c. 278; 1977 c. 193; 1981 c. 20; 1985 a. 337; 1987 a. 3; 1989 a. 105; 1995 a. 436; 2009 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.255 - Deposit after release.

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 the clerk of the court of the county in which the alleged violation occurred.
History:  1973 c. 218.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.27 - Information to persons charged.

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 privilege if the conviction will have that effect.
(b)
That demerit points may be assessed against his or her driving record for the offense. The law enforcement officer may estimate the number of demerit points for the particular offense and list it on the traffic citation form.
(c)
The number of demerit points that is cause for revocation or suspension.
(2)
Before taking the plea of a person charged with a violation of law the judge shall inform the violator of the following:
(a)
That conviction of the charge may result in the revocation or suspension of his or her operating privilege.
(b)
The number of demerit points that may be assessed against the violator upon conviction of the violation, based on the available information.
(3)
Whenever a person has been convicted in this state on the basis of a forfeiture of deposit or a plea of guilty or no contest and the person was not informed as required under subs. (1) and (2), the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him or her an opportunity to defend on the merits. If the court finds that the petitioner was not informed as required under subs. (1) and (2), the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.
History:  1989 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.30 - Jurisdiction.

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 violations of nonmoving traffic ordinances enacted in accordance with s. 349.06 or 349.13.
History:  1971 c. 278; 1977 c. 449; 1981 c. 165.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.31 - Venue in traffic regulation actions.

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 in more than one county, the action may be brought in any court sitting in that municipality even though in another county. As an alternative, the plaintiff may bring the action in the county where the defendant resides.
History:  1971 c. 278; 1981 c. 165.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.32 - Initial appearance before judge.

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, the defendant shall be committed to await trial in a court with jurisdiction and all papers shall be sent forthwith to that court. In lieu of commitment, the judge may release the defendant if the defendant posts bond for the defendant's appearance in such court, or the judge may release the defendant on the defendant's recognizance for such appearance, or the judge may release the defendant without bail. The court to which the case is sent may similarly release the defendant.
History:  1971 c. 278; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.34 - Arraignment; pleas.

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, or no contest. If the defendant requests a continuance at the initial appearance, the court shall adjourn the arraignment without entering any plea.
(2)
If the defendant pleads guilty or no contest, the court shall accept the plea, find the defendant guilty and proceed under s. 345.47.
(3)
If a summons is served or citation is issued by a police officer for a violation of any municipal ordinance or of chs. 194 or 340 to 348 and 350, the defendant may enter a plea of not guilty based on such summons or citation by letter to the judge at the address indicated on the summons or citation, the letter to show the defendant's return address. The letter may include a request for trial during normal daytime business hours. Upon receipt of the letter, the judge shall reply by mail to the defendant's address setting forth a time and place for trial, the time to be during normal business hours if requested by the defendant. The date of the trial shall be at least 10 days from the mailing by the judge. Nothing in this subsection forbids the setting of the trial at any time convenient to all parties concerned.
History:  1971 c. 278; 1973 c. 218; 1977 c. 305; 1991 a. 316; 2017 a. 40.
Courts may not dismiss traffic complaints on the payment of a penalty and costs, or costs alone. 63 Atty. Gen. 328.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.36 - Not guilty plea; failure to appear.

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 response to a nonmoving traffic violation under s. 345.28, the court may provide an immediate trial. The court shall release the defendant if he or she posts an appearance bond, or the court may release the defendant on recognizance or without bail. A defendant not so released shall be committed to jail to await trial.
(2)
If a defendant fails to appear at the date set under sub. (1), the court shall either:
(a)
Issue a warrant under ch. 968 and, if the defendant has posted bond for appearance at that date, the court may order the bond forfeited; or
(b)
Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, plus costs, fees, and surcharges imposed under ch. 814. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.
(3)
If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
History:  1971 c. 278; 1983 a. 231; 1987 a. 27; 1991 a. 39; 1993 a. 16; 1997 a. 27, 135; 2001 a. 16; 2003 a. 139; 2017 a. 40.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.375 - Judgment against a corporation or limited liability company.

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 taken as true and judgment shall be rendered accordingly.
(2)
Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be entered.
History:  1973 c. 218; 1977 c. 29; 1987 a. 27; 1989 a. 107; 1993 a. 112; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.38 - Effect of plea of no contest.

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 of violation of a traffic regulation.
History:  1971 c. 278; 1989 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.40 - Pleading.

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 the offense charged, which shall stand as a complaint, unless the court directs that formal complaint be made. Several counts may be joined in one complaint or a separate complaint may be prepared for each separate violation. The defendant's plea shall be guilty, no contest or not guilty and shall be entered as not guilty upon failure to plead. A plea of not guilty shall put all matters in such case at issue.
History:  1971 c. 278; 1985 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.41 - Motion to dismiss.

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.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.42 - Preliminary proceedings.

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 pretrial conference may be conducted on the trial date.
(2)
There shall be no preliminary examination.
History:  1971 c. 278; Sup. Ct. Order, 141 Wis. 2d xiii (1987).
Summary judgment procedure is inconsistent with, and unworkable in, ch. 345 forfeiture proceedings. State v. Schneck, 2002 WI App 239, 257 Wis. 2d 704, 652 N.W.2d 434, 02-0513.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.421 - Discovery.

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 conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed, including without limitation, devices used to determine presence of alcohol in breath or body fluid or to measure speed, and may inspect under s. 804.09 the reports of experts relating to those devices.
History:  1971 c. 278; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1975 c. 218.
This section applies to civil as well as criminal traffic charges. City of Lodi v. Hine, 107 Wis. 2d 118, 318 N.W.2d 383 (1982).
When blood alcohol content is tested under statutory procedures, the 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. State v. Ehlen, 119 Wis. 2d 451, 351 N.W.2d 503 (1984).
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.425 - Mode of trial.

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 to a trial by jury is waived.
History:  1971 c. 278; 1977 c. 305; 1977 c. 449 s. 497.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.43 - Jury trial.

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. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be 6. If no party demands a trial by jury, the right to trial by jury is permanently waived.
(3)
(a)
In counties having a population of 750,000 or more, the jury shall be selected from the circuit court prospective juror list as set forth under chs. 801 to 847. In all other counties, juries shall be selected as provided in par. (b), except that the clerk shall randomly select the names of sufficient persons qualified to serve as jurors as will provide to each party entitled to peremptory challenges 5 peremptory challenges.
(b)
If a timely demand for a jury is made, the judge shall direct the clerk of the court to select at random from the prospective juror list the names of a sufficient number of prospective jurors, from which list either party may strike 5 names. If either party neglects to strike out names, the clerk shall strike out names for the party. The judge shall permit voir dire examinations and challenges for cause. The clerk shall summon a sufficient number of persons whose names are not struck out, to appear at the time and place named in the summons.
(5)
In a jury trial of a traffic regulation case, the court is not required to provide the jury with one complete set of written instructions under s. 805.13 (4).
History:  1971 c. 278; 1973 c. 218; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1975 c. 231, 291; 1977 c. 187 s. 135; 1977 c. 305, 318, 447, 449; 1979 c. 32 s. 92 (17); 1979 c. 89, 128; 1981 c. 317; 1985 a. 170; 1987 a. 389; 1991 a. 271, 315; 1995 a. 427; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2009 a. 402; 2017 a. 207 s. 5.
The requirement that the defendant prepay jury fees in civil traffic forfeiture actions is constitutional. State v. Graf, 72 Wis. 2d 179, 240 N.W.2d 387 (1976).
The 10-day period for a jury demand did not begin at the initial appearance when the accused requested a continuance rather than entering plea under s. 345.34 (1). City of Madison v. Donohoo, 118 Wis. 2d 646, 348 N.W.2d 170 (1984).
The provision under this section for a 6, rather than 12, person jury for a speeding violation does not violate Art. I, s. 5, which provides that the right of trial by jury shall remain inviolate. Dane County v. McGrew, 2005 WI 130, 285 Wis. 2d 519, 699 N.W.2d 890, 03-1794.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.46 - Verdict.

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 necessary to determine speed. The amount of the forfeiture shall be determined by the court after the court makes its finding.
History:  1971 c. 278.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.48 - Reporting pending appeal.

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.
(2)
If the defendant is found guilty of a traffic violation for which revocation of his or her operating privilege is mandatory under s. 343.31, or for which the court revokes or suspends his or her operating privilege under s. 343.30, the court may take possession of the suspended or revoked license. If the court takes possession of a license, it shall destroy the license. The revocation or suspension is effective immediately. The court ordered suspension or revocation shall be included as part of the report of conviction under sub. (1m).
(4)
If notice of appeal is filed the court shall, within 5 working days after it is filed, forward to the department a certificate stating that a notice of appeal has been filed. Thereafter, the court shall notify the department as required under s. 343.325 (1) (b) and (c).
History:  1971 c. 278; 1977 c. 29 s. 1654 (7) (a); 1983 a. 304; 1985 a. 135 s. 85; Sup. Ct. Order, 146 Wis. 2d xiii (1975); 1991 a. 39; 1993 a. 16; 2005 a. 155; 2009 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.49 - Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or surcharges.

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 person does work, earnings shall be applied on the unpaid forfeiture, and costs, fees, and surcharges imposed under ch. 814, after payment of personal board and expenses and support of personal dependents to the extent directed by the court.
(2)
Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, and costs, fees, and surcharges imposed under ch. 814, are paid if that is done before expiration of the 90-day period. The payment of the forfeiture, and costs, fees, and surcharges imposed under ch. 814, during that period shall be a condition of the probation. If the forfeiture, and costs, fees, and surcharges imposed under ch. 814, are not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.
History:  1971 c. 278; 1977 c. 29; 1987 a. 27; 1989 a. 107; 1991 a. 39; 1993 a. 16; 1997 a. 27, 135, 237; 1999 a. 9; 2001 a. 16; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.50 - Appeal.

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. 278; Sup. Ct. Order, 67 Wis. 2d 585, 776 (1975); 1977 c. 187, 305; 1977 c. 449 s. 497.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.51 - Reopening of default judgment.

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 months after the judgment is entered in the court record. Default judgments for purposes of this section include pleas of guilty, no contest and forfeitures of deposit.
History:  1971 c. 278; 1973 c. 218; 1983 a. 231; 1995 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.52 - No double prosecution.

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 conformity with the state statute for the same violation.
(2)
The pendency of an action under a traffic ordinance is grounds for staying an action under a state statute for the same violation. The pendency of an action under a state statute is grounds for staying an action under a traffic ordinance enacted in conformity with the state statute for the same violation.
History:  1971 c. 278.
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.55 - Traffic officers not to profit from arrests.

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 to forfeit not less than $25 nor more than $200 for the first offense and, for the second and each subsequent conviction within one year thereafter, may be required to forfeit not less than $50 nor more than $500.
History:  1971 c. 278 s. 42; Stats. 1971 s. 345.55.
Violation of this section does not invalidate otherwise valid citation. State v. Brown, 107 Wis. 2d 44, 318 N.W.2d 370 (1982).
2023 Wisconsin Statutes & Annotations › Chapter 345 - Vehicles — civil and criminal liability. › 345.60 - Penalty of compulsory safety school attendance.

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 person to attend, for a certain number of school days, a traffic safety school whose course and mode of instruction is approved by the secretary and which is conducted by the police department of the municipality, by the sheriff's office of the county, by an accredited institution of higher education operated by a federally recognized American Indian tribe or band in this state, or by any regularly established safety organization. The trial court may not order a person to attend a traffic safety school under this subsection if the department is required to order that the person attend a vehicle right-of-way course under s. 343.31 (2t) (b).
(2)
This section also applies in the case of an adjudication of violation of a local traffic regulation which is in conformity with chs. 346 to 348.
(3)
In addition to other penalties provided by law for violation of s. 346.63 (1) or a local ordinance in conformity therewith, or s. 346.63 (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the convicted person may be required under s. 343.30 (1q) to attend, for a certain number of school days, a school under sub. (1).
History:  1971 c. 278 s. 45; Stats. 1971 s. 345.60; 1977 c. 29 s. 1654 (7) (c); 1977 c. 193; 1981 c. 20; 1985 a. 337; 1987 a. 3; 2005 a. 466; 2011 a. 173; 2013 a. 246.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.01 - Words and phrases defined.

346.01
Words and phrases defined.
(1)
Words and phrases defined in s. 340.01 are used in the same sense in this chapter unless a different definition is specifically provided.
(1m)
In this chapter, in addition to the meaning given in s. 340.01 (22), “highway" includes a private road or driveway that is subject to an agreement for traffic regulation enforcement under s. 349.03 (5).
(2)
In this chapter, notwithstanding s. 340.01 (42), “owner" means, with respect to a vehicle that is registered, or is required to be registered, by a lessee of the vehicle under ch. 341, the lessee of the vehicle for purposes of vehicle owner liability under ss. 346.175, 346.195, 346.205, 346.452, 346.457, 346.465, 346.485, 346.505 (3), 346.675, and 346.945.
History:  1997 a. 27; 2003 a. 209; 2005 a. 411; 2009 a. 129.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.06 - Meeting of vehicles.

346.06
Meeting of vehicles.
Operators of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each operator shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.07 - Overtaking and passing on the left.

346.07
Overtaking and passing on the left.
The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules stated in ss. 346.075 (2) and 346.08 to 346.11:
(2)
The operator of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
(3)
Except when overtaking and passing on the right is permitted, the operator of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of the vehicle until completely passed by the overtaking vehicle.
History:  1971 c. 208; 1985 a. 301 s. 4; 1991 a. 316; 1997 a. 32; 2013 a. 365.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.072 - Passing stopped emergency or roadside service vehicles.

346.072
Passing stopped emergency or roadside service vehicles.
(1g)
In this section, “emergency or roadside service vehicle" means any of the following:
(a)
An authorized emergency vehicle giving visual signal.
(b)
A tow truck flashing red lamps, as required by s. 347.26 (6) (b).
(c)
Any road machinery or motor vehicle used in highway construction or maintenance displaying the lights specified in s. 347.23 (1) (a) or (b) or, with respect to a motor vehicle, displaying the lights specified in s. 347.26 (7).
(d)
Any vehicle of a public utility, telecommunications carrier, or cooperative association described in s. 347.26 (9) displaying one or more flashing amber lamps as provided in s. 347.26 (9).
(1m)
If an emergency or roadside service vehicle is parked or standing on or within 12 feet of a roadway, the operator of a motor vehicle approaching the emergency or roadside service vehicle shall proceed with due regard for all other traffic and shall do either of the following:
(a)
Move the motor vehicle into a lane that is not the lane nearest the parked or standing emergency or roadside service vehicle and continue traveling in that lane until safely clear of the emergency or roadside service vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching motor vehicle and if the approaching motor vehicle may change lanes safely and without interfering with any vehicular traffic.
(b)
Slow the motor vehicle, maintaining a safe speed for traffic conditions, and operate the motor vehicle at a reduced speed until completely past the emergency or roadside service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching motor vehicle or if the approaching motor vehicle may not change lanes safely and without interfering with any vehicular traffic.
(2)
In addition to any penalty imposed under s. 346.17 (2), any person violating this section shall have his or her operating privilege suspended as provided in s. 343.30 (1o).
History:  2001 a. 15; 2013 a. 291.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.075 - Overtaking certain vehicles and devices.

346.075
Overtaking certain vehicles and devices.
(1)
The operator of a motor vehicle overtaking a bicycle, electric scooter, or electric personal assistive mobility device proceeding in the same direction shall exercise due care, leaving a safe distance, but in no case less than 3 feet clearance when passing the bicycle, electric scooter, or electric personal assistive mobility device, and shall maintain clearance until safely past the overtaken bicycle, electric scooter, or electric personal assistive mobility device.
(2)
Except as provided in s. 346.48, if the operator of a motor vehicle overtakes a motor bus which is stopped at an intersection on the right side of the roadway and is receiving or discharging passengers, the operator shall pass at a safe distance to the left of the motor bus and shall not turn to the right in front of the motor bus at that intersection.
History:  1973 c. 182; 1977 c. 208; 1985 a. 301; 2001 a. 90; 2019 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.08 - When overtaking and passing on the right permitted.

346.08
When overtaking and passing on the right permitted.
The operator of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety and only if the operator can do so while remaining on either the roadway or a paved shoulder, and then only under the following conditions:
(1)
When the vehicle overtaken is making or about to make a left turn or U-turn; or
(2)
Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed, at the same time, in the direction in which the passing vehicle is proceeding; or
(3)
Upon a one-way street or divided highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully to proceed in the same direction at the same time.
History:  1991 a. 316; 2009 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.09 - Limitations on overtaking on left or driving on left side of roadway.

346.09
Limitations on overtaking on left or driving on left side of roadway.
(1)
Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be done in safety. In no case when overtaking and passing on a roadway divided into 4 or more clearly indicated lanes shall the operator of a vehicle drive to the left of the pavement marking indicating allocation of lanes to vehicles moving in the opposite direction or, in the absence of such pavement marking, to the left of the center of the roadway. Except as provided in sub. (3) (b) and s. 346.05 (1) (g), in no case shall the operator of a vehicle drive in a lane when signs or signals indicate that such lane is allocated exclusively to vehicles moving in the opposite direction.
(2)
Upon any roadway where traffic is permitted to move in both directions simultaneously, the operator of a vehicle shall not drive on the left side of the center of the roadway upon any part of a grade or upon a curve in the roadway where the operator's view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction.
(3)
(a)
Except as provided in par. (b), the operator of a vehicle shall not drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, either by signs or by a yellow unbroken line on the pavement on the right-hand side of and adjacent to the center line of the roadway, provided such signs or lines would be clearly visible to an ordinarily observant person.
(b)
The operator of a vehicle may drive on the left side of the center of a roadway on any portion thereof which has been designated a no-passing zone, as described in par. (a), to overtake and pass, with care, any vehicle, except an implement of husbandry or agricultural commercial motor vehicle, traveling at a speed less than half of the applicable speed limit at the place of passing.
(4)
Other provisions of this section notwithstanding, the operator of a vehicle may not overtake and pass on the left any other vehicle which, by means of signals as required by s. 346.34 (1), indicates its intention to make a left turn or U-turn.
History:  2009 a. 97; 2011 a. 73; 2013 a. 377; 2015 a. 124.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.10 - When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.

346.10
When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.
(1)
The operator of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction when approaching within 100 feet of or traversing any railroad crossing unless the roadway is of sufficient width for 2 or more lines of vehicles to lawfully proceed simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed by a traffic officer to pass at such crossing.
(2)
Subject to the exception stated in sub. (3), the operator of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction when approaching within 100 feet of or traversing any intersection unless the roadway is marked or posted for 2 or more lines of vehicles moving simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed by a traffic officer to pass at such intersection.
(3)
Outside of a business or residence district, the restrictions which sub. (2) places upon passing at an intersection apply only if such intersection is designated in the direction of travel by a traffic control signal, stop sign, yield sign or sign that warns traffic of existing or potentially hazardous conditions on or adjacent to the roadway.
(4)
The operator of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction when the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel unless the roadway is of sufficient width for 2 or more lines of vehicles to lawfully proceed simultaneously in the direction in which such vehicle is proceeding or unless permitted or directed by a traffic officer to so overtake and pass.
History:  1989 a. 105; 1999 a. 80.
2023 Wisconsin Statutes & Annotations › Chapter 346 - Rules of the road. › 346.11 - Passing or meeting frightened animal.

346.11
Passing or meeting frightened animal.
Whenever a person riding, driving or leading an animal which is frightened gives a signal of distress to the operator of a motor vehicle by a raising of the hand or otherwise, the operator of the motor vehicle shall promptly stop the vehicle unless a movement forward is necessary to avoid an accident or injury and shall, upon request, stop all motive power until such animal is under control.
History:  1991 a. 316.