3743 CIVIL AND CRIMINAL LIABILITY 345.05

CHAPTER 345

RULES RELATING TO CIVIL AND CRIMINAL LIABILITY

34501

y for

34506 Owner's for

34508 fee34509

BAIL,11 Uniform traffic

34 117

345 20

3452234523 Officer's action warrant

34525345255 Deposit after

34527

34530

345315

GENERAL PROVISIONS..Words and phrases defined . ,

CIVIL LIABILITY .345 ..05 . State and municipal liability motor vehicle

accidents.liability act of operator .

345 ..07 Civil actions by secretary.Suit to recover pr otested tax orService of process on nonresident :'

• ARRESTS, PENALTIES .345 citation and complaint ,

Penalty for false statements .5345 . 18 Sentencing of ,juveniles ,

General provisions in traffic forfeiture actions .345 . 21 Authority to arrest with a wa rrant

Authority to arrest without a warrantafter arrest without a

345 .24 . Officer's action after arrest for driving underinfluence of intoxicant..

Traffic citationrelease ,'

345 . 26 Deposit .Stipulation of `no contest

345 . 28 Nonmoving violations .Jurisdiction ,

345 31 Venue in traff i c r egulation actions ..Change of judge :

proxi-sufferingmately resulting

or

proxi-anymately

e

whether

perform-such motorance

,16 53

(2) Any of the following may file a claim fordamages against the state or municipality con-cerned and the governing body thereof mayallow, compr omise, settle and pay the same :

(a) A person any damagedifferfrom the negligent operation of

a motor vehicle owned and operated by the stateor a municipality, which damage was occasionedby the ope ration of such motor vehicle in thecourse of its business . For the purposes of thisliability forsubsection, a motor vehicle shall be deemedowned and operated by the state or a municipal-ity if such vehicle is either being rentedleased, or is being purchased under a contractwhereby the state or municipality will acquire

village, title . .67,01 drainage district (b) A person suffering damage

resulting from the negligent operation ofany a motor vehicle owned or operated by the state

agency of the Wisconsin nationalthrough thelegis- guard, the Wisconsin air national guard or the

lature the e members or employes thereof when on statecounties, duty "and paid from state or federal

funds and which damage was occasioned by the, operation of vehicle in thevil-

of its business ;lages, mu- (3) The manner and form of and the place

rnicipalities filing claims shall be :for '"Business" means whether (a) If against the state, as provided in s .

(8), with the department of administration ..proprietary.

345 .01 Words and phrases defined .Words and phrases defined in s ,340 .01 are usedin the same sense in this chapter' unless a -ent definition is specifically provided,

CIVIL LIABILITY

345 .05 State and municipalmotor vehicle accidents . (1) In this sectionthe following terms have the designatedmeanings : .

(a) "Municipality" means any county, ; city,town, "school district (as enumerated in(1) ), sewer district ;s .

and, without restriction because of, failure ofenumeration, other political subdivision ofthe state..

(b) "Governing body" means the state'wifh reference to state, the county

board with reference to the town boardwith reference to towns, the legislative body of acity or village with reference to cities and

and the board of any district, center ormunicipality with reference to otherother

enume ated in par. (a) .any business(c)

governmental or

3453634537

3453845 40

345421

345425 of trial34543 trial .

3454634547 assessment34548

34551

3455334555

Penalty of34561 Guaranteed

GENERAL PROVISIONS

345 .32 Initial appearance before judge .34534 Arraignment ; pleas345 .35 Not guilty plea; immediate trial

Not guilty plea; continuanceProcedure on default of appearance ..

345 . 3 '15 Judgment against a corporationEffect of plea of no contestPleading . .3

345 . 41 Motion to dismiss .345 . 42 No preliminary examination

Discovery.345 . 422 No guardian ad litem .

ModeJury

345 .45 Burden of proofVerdict .Judgment of forfeiture and penaltyReporting pending appeal , .

345 „ 49 ` Procedure on imprisonment ; nonpayment offorfeiture or penalty assessment . .

345 . 50 Appeal .Reopening of default judgment .

345 . 52 No double prosecution.Costs not taxed against plaintiff '. .Traffic officers not to profit from arrests ..

345 60 compulsory safety school attendancetraffic arrest bonds

under, protest, may at any time within 90 daysfrom the date of such payment sue the state in anaction at law to recover the tax or fee so paid . . If'it is finally determined that such tax or fee orany part thereof was wrongfully collected forany reason, the department of administrationshall issue a warrant on the state treasurer, fir,the amount of such tax or f'ee so adjudged tohave been wrongfully collected and the statetreasurer shall pay the same out of the transpor-tation fund .. A separate suit need not be filed foreach separate payment made by any taxpayer,but a recovery may be had in one suit for asmany payments as were made within the 90-dayperiod preceding the commencement of the ac-tion . Such suits shall be commenced as providedin s. 285 .01 .Histor y: 1977 c .. 29 s, 1654 (1)

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 secretary to bethe true and lawful attorney upon whom may beserved all legal processes in any action or pro-ceeding against the nonresident or the nonresi-dent's executor ., administrator or, personal repre-sentative, growing out of the use or operation ofthe motor vehicle in this state and resulting indamage or loss to person or property, whetherthee damage. or losss occurs on a highway or onabutting public or private property . Such ap-pointment is binding .g upon the nonresident'sexecutor, administrator or personal representa-tive . Such use or operation of a motor vehicle bysuch nonresident is a signification of the nonresi-dent's agreement that any such process or noticeagainst such nonresident or the nonresident'sexecutor, administrator or personal representa-tive which is so served shall be of the same legalforce and validity as if, setve4,"~dn thempersonally .

(2) The secretary as attorney upon whomprocesses and notices may be served under thissection shall, upon being served with such pro-cess or notice, forthwith mail by registered maila' copy thereof to suchh nonresident at the out-of-state nonresident address given in the papers soserved. It, is the duty of the party or the party'sattorney to certify in the paperss so served thatthe address given therein i's'the last-known out-of-state nonresident address of the party to beserved. In all cases of service under this sectionthere shall be served 2 authenticated copies forthe secretary and such additional number ofauthenticated copies as there are defendants soserved in the action . . One of the secretary'scopies shall be retained for the secretary'srecord of service and the other, copy shall be

345.06 Owner's liabil it y for act of opera-tor . The owners of every vehicle operating uponany highway for the conveyance of passengersfor hire are jointly and severally liable to theparty injured for all injuries and damage doneby any person in the employment of such ownersas an operator, while operating such vehicle,whether the act occasioning such injuries ordamage was intentional, negligent or otherwise,in the same manner as such operator would beliable ..

345 .07 Civil actions by secretary. In addi-tion to all existing remedies afforded by civil andcriminal law, the secretary is authorized to bringcivil actions for the recovery of alll fees,, taxes,interest and penalties to which the state may beentitled by reason of the operation by any personof a motor vehicle upon the highways of thisstate .

'History: 1977 c, 29 s. . .1654 (7) (c) . .

345 .08 Suit to recover protested tax orfee. No suit shall be maintained in any court torestrain or delay the collection or paymentt of thetaxes levied or the fees imposed or enacted inchs. 341 to 349 . The aggrieved taxpayer shallpay the tax or fee as and when due and, if paid

345 .05 CIVIL AND CRIMINAL LIABILITY

(b) If against any municipality, as providedin s.. 895 . 4.3, except the limitations of s . 895 43(3) shall be inapplicable .

(4) Failure of the state to pass upon theclaim within 90 days after presentation consti-tutes a disallowance, Disallowance by the statebars any action founded on the claim unlessbrought within - 6 months after, disallowance .Actions against the state and payment of theamount recovered shall be as provided in ss .285 .01 and 28504 , For the purposes of thissection, judgments against municipalities shallbe certified, filed and collected as provided in s o66.09 whether named- thereinn or' not,

(5) If the allowance of claim is by or the, judgment is against any municipality lying inmore than one town, city, village or county, thegoverning body of the debtor municipality shallprorate the amount of the claim al lowed or, thejudgment and so certify to the proper officialsfor tax levy, so that the taxable property of thedebtor municipality will equitably bea r theamount of the claim or ;judgment ,

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

History: 1975 o 200; 1977 o . 285Statute is applicable when the injury can be traced to inci-

dents of' vehicle operation on the highway rather than any col-lateral use such as loading. Rabe v . OuTagamie County, 72 W(2a) 49 2, 2411 NW (2d) 428

3744

(a) The secretary, or his or her designee, aschairperson..

(b) A member of the department responsiblefor law enforcement ..

(c) A member of the Wisconsin sheriffs anddeputy sheriffs association, designated by thepresident thereof.

(d) A member of the county traff i c patrolassociation, designated by the president thereof '..

(e) A member of' the chiefs of police associa-tion, designated by the president thereof , .

(f) A member of the state bar of W isconsin ,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-dent thereof.

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

(4) The committee shall meet at the call ofthe chairperson,, Members of the committeeshall receive no compensation for their servicesand shall not be reimbursed for their expenses .Upon approval of a form for the uniform trafficcitation and complaint b y the committee , thesecretary shall under s 110 .. 06 promulgate suchform as an administrative rule, and with theapproval of the committee shall make such otherrules as are necessary for, the implementationand operation of this section .

(5) Notwithstanding any other provision ofthe statutes, the use of the uniform traffic cita-tion and complaint promulgated under sub . . (4)by any peace officer in connection with theenforcement of anystate traffic laws or any localtraffic ordinances in strict conformity with thestate traffic laws, shall be deemed adequateprocess to give the appropriate court jurisdictionover the person upon the filing with such court ofthe uniform traffic complaint .

(6) The secretary shall cause to be printedand sold to all law enforcement agencies in thisstate with authority to enforce state traffic lawsor local laws adopted under 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 such formsissued under its auth6rity, and such law enforce-ment agencies shall prepare and submit suchrecords and reports relating to the uniformtraffic citations and complaints in the mannerand at the time - prescribed by the secretary ..

(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

returned with proper certificate of service at-tached for filing in court as proof of service ofthe copies by having mailed them by registeredmail to the defendants named therein.. Theservice fee shall be $4 for each defendant soserved . The secretary shall keep a record of allsuch 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 gaverise to the cause of action sued on .History: 1977 c. 29 ss, 1467, 1654 (7) (c) ;19'77 c . . 60,418 . .See note to 801„O5, citing Chilcote v : Shertzer, 372 F

Supp, 86 . .

ARRESTS,. BAIL, PENALTIES .,

345 .11 Uniform traffic citation and com-plaint . (1) On and after July 1, 1969 theuniform traffic citation createdd by thiss 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 lawssand any local traffic laws enacted by any localauthority in accordance with .s . .349 .06„

(1m) The uniform trafficc citation shall beused for violations of ch . 350 relating to highwayuse or, ordinances in conformity therewith whencommitted on the highway, but no points shallbe assessed against the driving record of theoperator, of a snowmobile,. The report of convic-tion and abstract of court record copy shall beforwarded to the department .

( 2) The uniform traffic citation and com-plaint shall be on a form prescribed by thecommittee created by sub. (3) and shall consistof 4 parts: a complaint, a report of convictionand abstract of court record for the department,a polic,~aieord and report of action on the caseand a `traffic citation and stipulation of guilt .The form shall provide for the name, address,birth date, operator's license number of thealleged violator if known, the license number of;,. .,the vehicle, the offense `alleged, the time andplace of the offense, the section of the statute or,ordinance violated, a designation of the offensein such manner as~can be readily understood bya person making a reasonable effort to do so, andsuch other information-as may be pertinent tothe offense. zz :z

(3) The secretary shall appoint a committeeto prescribe the form of the, uniform trafficcitation and complaint . The committee shall becomposed as shown in pays . (a) to (i) ; but if anyappointment is not made by March 1, 1968, thesecretary shall designate the appointee from theproperr category .

3745 CIVIL AND CRIMINAL LIABILITY 345 . 11

345 .21 Authority to arrest with a warrant .(1) A person may be arrested for the violationof'a traffic regulation with a warrant that sub-stantially complies with eh. 968 .. Except asprovided in sub. (2), the person arrested shall bebrought without unreasonable delay before acourt having jurisdiction to try the action or ajudge,

(2) In traffic regulation actions, the judge ormunicipal judge who issues a warrant under sub ..(1) may indorse upon the warrant the amountof the deposit .. If' no indorsement is made thedeposit schedule under s . 345 .26 (2) shall applyunless the court directs that the person bebrought before the court .His tory : 1971.c.. 278 ; 1973 c . 218 ; 1977 c 305 s 64

345 .22. Authority to arrest without a war -rant. A person may be arrested without a war-rant for the violation of a traffic regulation if'thetraffic officer, has reasonable grounds to believethat thee person is violating or has violated atraffic regulation

His tor y : 1971 c 278 .See note to 968„07, citing 61 Atty . Gen .. 419

345.23 Officer ' s action after arrest with-out a warrant. If a person is arrested without awarrant for thee violation of a traf'f'icc regulation,the arresting officer shall issue a citation unders . 345 .25, and in addition :

(1) May release him ; or(2) Shall release himm 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 *eY:s(c) Deposits his valid Wisconsin *tator's

license as defined ins : 343 OP (2) (b) with theofficer . The license deposited shall be the li-cense underr which- he was operating at the timeof arrest . If the license : is "deposited with theofficer, the officer shall : issue to the licensee areceipt which shall be valid as a driver's licensethrough the date specified on the receipt, whichshall be the same as the court appearance date,and the officer shall, at the earliest possible timeprior to the court appearances date, deposit thelicense with the court. i

(d) Presents a guaranteed arrest bond certifi-cate under s.. .345 .61 . . . .

(3) Shall, if the alleged violator is not re-leased under sub, . (1) or (2), bring him or herwithout unreasonable delay before a judge or,for ordinance violations, before a municipal

345 .20 General provisions in traffic for-feitureactions . (1) DEFINITIONS, Inss.345.20to 345 .53 :

(a) "Traffic regulation" means a provision ofchs 341 to 349 for which the penalty for viola-tion is a forfeiture, or an ordinance enacted inaccordance with s. 349 ..06.

(b) "Judge" has the meaning specified in s..96702 (6) .

(2) PROCEDURE, (a) Except as provided inpar. (b), the apprehension of alleged violators oftraffic regulations and the trial of forfeitureactions for the violation of traffic : regulationsshall be governed by ss . 345 ..2.1 to 345,53Where no specific procedure is provided in ss ..345 ..21 to 345,53, ch . 299 shall apply to suchactions in county court .

(b) The trial of forfeiture actions in munici-pal court for the violation of traffic regulationsshall be governed by ch .300 : Provisions relatingto the uniform traffic citation and complaint ins. 345, .11, to arrests in ss . ,345 .21 to 345 .24, todeposits and stipulations of no contest under ss, .345.255 to .345 ..27, to the authority of the courtunder' ss. 345,47, ,345 ..48 and 345,50 and toguaranteed arrest bonds under s. .345 . .61 apply to

345.11 CIVIL AND CRIMINAL LIABILITY

in criminal contempt of the court having originalJurisdiction of said cause of action .

History : 197 1 c 164 s 81 ; 1971 c . 277 ; 1973 , c. 218 ; 1975 c .41 ; 1977 c. . 29 ss 1468, 1654 (7) (a), (c) ; 1977 c 27 3 .

In general, sherif 'f', traffic officer or policeman who issues auniform traffic citation where no warrant has been issued isnot entitled to se r vice or mileage fees for delivering citation .63 Atty Gen . . 99.

345 .17 Penalty for false statements . Anyperson making a false statement to the depart-ment or secretary of said department on whichsuch department or the secretary relies in per-forming an act, issuing a duplicate title, licenseor operating privilege, or' administering any lawwhich the department or, secretary is required bylaw to administer or perform, shall, on the firstoffense be required to forfeit not less than $25nor more than $100; and, on the 2nd and eachsubsequent offense not less than $100 nor morethan $500 . .

Hi s tory : 1973 c . 218 ; 197'1 c 29 s . 1654 (7) (a), (c) . .

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 in con-formity therewith under ch. 349 .. This sectiondoes not apply to parking violations or to caseswhere a stipulation of guilt or nolo contenderehas been acceptedd for a violationn of a localordinance A court may waive the requirementof personal appearance under .this section incases of exceptional hardship .

3746

violations of ordinances to be tried in municipalcourt .

History: 1971 c . . 278; 197 7 c 305 ..Wisconsin's uniform traffic court procedure . Rough, 19 ' 72

WBB No . . 4

regulation whoo is allowed to make a depositunder s. 345,23 (2) (a) shall deposit the moneyas the ar resting officer directs by either mailingthe deposit at a nearby mailbox to the office ofthe sheriff, headquarter s of the county trafficpatrol , district headquarters or station of thestate traffic patrol, city, village or town policeheadquarters or a precinct station, the office ofthe municipal judge, the off ice of the clerk ofcourt, or by going, in the custody of' the arrestingof'f'icer, 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 . .34 .3 .. 2'7 shall bemailed with it . .

(b) The arresting officer or the pe r son receiv-ing the deposit shall notify the arrested person,orally or ' in writing, that :

1 . If the person fails to appear in court at thetime fixed in the citation, the person will bedeemed to have tendered a plea of no contest andsubmitted to a forfeiture and a penalty assess-ment, if required by s .. 165 ., 87 , plus co sts not toexceed the amount of the deposit which thecourt may accept as provided in s.. 345 .. 3 '7 ; or

2. If the person fails to appear in court at thetime fixed in the citation and if the court doesnot ' accept the deposit as a forfeiture and apenalty assessment , if ' required by s . 165 ..87 , forthe violation, the person will be summoned intocourt to answer the complaint .

(2) (a) The basic amount of the deposit forthe alleged violation of a traffic regulation shallbe determined in accordance with a depositschedule which the judicial conference shallestablish . Annually, the judicial conferenceshall review and may revise the schedule .

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

(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 personn receiving the deposit shallfurnish a receipt on a serially numbered form,and shall deliver the original receipt to thealleged violator if requested, and shall state tothe alleged violator , that he may inquire at theoffice of the cle r k of cour t or justice regardingthe disposition of the deposit . The receipt r e-ferred 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 .

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 alleged viola-tor that in lieu of a court appearance he may,within ,a specified time, make a deposit under s . ..345 .26 or stipulate no contest under s. 345 ..27 . If'the citationn provides for mailing the deposit, itshall state the amount of the deposit, shallcontain the information required under s, ..343 :27 and shall provide that the alleged viola-for shall sign `a statement before mailing to theeffect that he has read such information andmail the statement with the deposit. If thecitation does riot contain the information speci-fied in this subsection, such information shall begiven to the alleged violator in a separate printedstatement attached to the violator's copy of thecitatoR,

(3) The receiptrequired by s . 345.2.3 (2) (c)may., part of roh~citation or .may be given to thealleged: violator am a separate form .

History: 197,1 c. 278

345 .255 Deposit after release . A personarrested under x : .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 tQ : _ttiz,court appearance date . Thedeposit shall be made in person or by mailing itto the clerk ofthe court of the county in whichthe alleged violation occurred, ;

History: 1973 c 218

345 .26 Deposit . (1) (a) A person arrestedunder s . .345 .22 for the violation of a traffic

3747

Judge in the county in which the violation wasalleged to have been committed . .

(4) Shall, if the alleged violator is releasedunder sub, . (1) or (2), specify on the citation areturn date which may not be more than 90 daysafter the issue date, .

Histor y: 19'11 c . 278 ; 1973 c 218 ; 1977 c.. 305, 418 .

345 .24 Officer's action after arrest fordriving under Influence of Intoxicant. Aperson arrested under, x.' .346 .63 or an"ordinancein conformity therewith for operating a motorvehicle while under the influence of an intoxi-cant may not be released until 4 hour's haveelapsed from the time of his or her arrest orunless a chemical test administered under s,343.305 (2) (b) shows that there is OS % or lessby weight of alcohol in the person's- blood, butthe person may be released to his of her attor-ney; spouse, relative or other responsible adult atany time after arrest„

History : 1971 c 278 ; 19'77 c .. 193 .

CIVIL AND CRIMINAL LIABILITY 345 .26

345.27 Stipulation of no contest. (1) If aperson is issued a citation for a violation of atraffic regulation, the person may make a stipu-lation of no contest and deposit in accordancewith the schedule established under s. 345 .26(2) (a) at the office of the clerk of court,sheriff, or city, village or town police depart-ment or a precinct station, headquarters of thecounty traffic patrol, district headquarters orstation of the state traffic patrol, or the office ofthe municipal judge in the county in which thecitation was issued as designated by the arrest-ing officer or the person may mail the stipulationand deposit to the place designated by the arrest-ing officer . The deposit shall include the penaltyassessment imposed by s . 165 ..87, court costs andsuit tax if applicable The stipulation shall bereceived within 10 days of the date of the allegedviolation . The person who hass mailed or filed astipulation under this subsection may, however,appear, in court on the court appearance date . Ifa person appears in court after making a stipula-tion,,s, 345 .37 (3) applies . Stipulations are notpermitted for violations of ss . .346 ..62 (1) and346.63 (1) or a local ordinance which is inconformity therewith .

(2) If a person is cited for a violation forwhich 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 a stipula-tion and deposit, the arresting officer or theper-son receiving the stipulation and deposit shallcomply with s . 343 .27 or, if the stipulation anddeposit are mailed, the signed statement re-quired under s . 343,27 shall be mailed with it ..The official receiving the stipulation and depositshall promptly transmit the stipulation and de-posit to the clerk of court or the municipal judgehaving jurisdiction in the county . The clerk ofthe court or, the municipal,judge having jurisdic-tion in the county may receive stipulations ac-cot-ding to this subsection and shall receive allother stipulations made under sub. (1) but themunicipal,judgeshail process a stipulation when

345 .31 Venue in traffic regulation actions.Section 971 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 ' munrcY`palitywhich is located in more than one couwfy, theaction may be brought in any court sitting inthat municipality even ' though in anothercounty .. As an alternative, the plaintiff maybring the action in the county where the defend-ant resides.

Histo ry : 1971 c.. 2'78 .

345 .315 Change of judge . (1) In trafficregulation cases a person charged with a viola-tion may file a written request for a substitutionof a new judge for the judge assigned to the trialof that case . The written request'shall be filednot later than 7 days after the initial appearancein person or by an attorney. If a new judge isassigned to the trial of a case, a request forsubstitution must be made within 10 days ofreceipt of notice of assignment, provided that if

345.26 CIVIL AND CRIMINAL LIABILITY

(5) Any person, other than the clerk of courtor the municipal judge before whom the defend-ant is dir'ected to appear, who accepts the depositshall, before the time fixed for the appearance ofthe defendant, deliver the deposit and a copy ofthe receipt and of the citation issued to thedefendant to the clerk of the cou rt or the munici-pal ; judge. The clerk or municipal judge shallgive a receipt therefor', specifying the serialnumber of the receipt accompanying thedeposit .

History: 1971 c . 278 ; 1973 c 218, 228, 336 ; 197 7 c 29 ;1977 c 305 s 64 ; 197 '7 c . 449 .

Judges may not reduce the amounts of the deposit scheduleestablished under (2) (a) . 61 Atty.. Gen .. 401 ,

3748

a citation is issued within his or her , municipal-ity . The clerk or, municipal judge shall, for allstipulations, record on the court appearancedate, a judgment of conviction and enter depo s-its as fines or forfeitures a nd penalty assess -ments and shall comply with ss , 343 28 a nd345.37 (5) . The judge or the court may relieveany person from a stipulation or any other or dez,judgment or conviction entered or made asprovided in s . 345 . 37 (3) .

History: 1971 c . 27 8 ; 1973 c . 218 ; 197 ' 7 c. 29 ; 19 '7 '7 c 305 s64 .

345.28 Nonmoving violations . ( 1 ) A per-son charged with a nonmoving traffic violationmay mail the amount of the forfeiture 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 so pro-vides . In that case, the citation shall not be filedin court . . A nonmoving traffic violation is anyparking of a vehicle in violation of a statute or anordinance .,

(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, the proce-dure under ss. 345,32 to .345 .. :36 shall apply .Histor y: 19'71 c .. 278.

345 .30 ' Jurisdiction . Jurisdiction over ac-tions for violation of traffic regulations is con-ferred upon circuit courts . Municipal courtsshall have jurisdiction over, ttraffic regulationsenacted in accordance with s . .349 .06 .His tory : 1971 c 278 ; 1977 c . 449 .

the notice of assignment is received less than 10days prior to trial, the request for substitutionmust be made within 24 hour's of receipt of'thenotice and provided that if notification is re-ceived less than 24 hours prior to trial, the actionshall proceed to trial only upon stipulation of'theparties that the assigned judge may preside atthe trial of the action . . The judge against whoma request has been filed may set initial bail andaccept a plea .

(2) Except as provided in sub. (5), no morethan one judge can be disqualified in any action . .

(3) In a court of record assignment of',judgesshall be made as provided in s . 751 .03 .

(4) In municipal court a case shall be trans-ferred as provided in ss. 300,05 and 75103 (5) .

(5) If upon an appeal from a judgment ororder or upon a writ of error the appellate courtorders a new trial or, reverses or modifies thejudgment of order' in a manner such that furtherproceedings in the trial court are necessary, theperson charged with a violation may file arequest under sub . (1) :within 20 days after theentry of the judgment or decision of the appel-late court whether or not another request wasfiled prior to the time the appeal or writ of errorwas taken..

History : 1971.cc . 278 ; .1973 c . 218 ; 1977 c . 135 ; 1977 c .. 18'1s . 135 ; 1977 c.. 305, 449 . .

Judicial Council Note, 1977: This section has beenamended so that a jud ge against whom a substitution of judgereques t has been filed in traffic reg ulation cases may, how-ever, set initial bail an d accept a plea : The provision that allde fendants must join in any substitut ion of judge request hasbeen deleted to conform to a provision in chapter 149, laws of1975 I n a ddition , the transferr fee from municipal to countycourt has been delete d and a municipal justice will no longerretain the option of tran sferring t he case to another municipaljustice ra ther than county court when a reque st for su b stit u-tion has been fil ed agains t h im of her [Bill 7 4 -S ] .

. 345.32 Initial appearance before judge . Ifa defendant is arrested and brought withoutunreasonable delay before a,judge who, or acourt wheh, 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 of commit-ment, the judge : may release the defendant if heposts bond for his appearance in such court, orthe judge may release him on his own recogni-zance for such appearance, or the . judge mayrelease him without bail . The court to which thecase is sent may similai•l,y release the defendant ..

History : 1 9 71 c ,278~~y

345 .34 Arraignment ; pleas .' (1) If thedefendant appears in response to a citation, or isarrested : and brought before a court with ,juris-diction to try the case, he shall be informed thathe is entitled to a jury trial and thenn askedwhether he wishes presently to plead, or whether

345.36 Not guiltyy plea; continuance . If thedefendant pleads not guilty and requests a con-tinuance the court shall set a date for trial oradvise the defendant that he will later be noti-fied of the date set for trial . The defendant shallbe released if he posts a bond for his appearance,or the court may release him on his own recogni-zance, or the court may release him without bail ;if he is not so released he shall be committed tojail to await trial .. If a defendant fails to appearat the date set under this section, the court shallissue a warrant under-`ch : 968 and, if the allegedviolator has posted bond for his appearance atthat date, the court may order the bondforfeited .

History : 1971 c 278..

345 .37 Procedure on default of appear-ance. If the defendant fails to appear in court atthe time fixed in the citation or, by subsequent

3749 CIVIL AND CRIMINAL LIABILITY 345 .37

he wishes a continuance . . If he wishes to plead,he may plead guilty, not guilty or no contest . .

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

(3) If a summons is served or' citation isissued by a police officer for- a violation of anymunicipal ordinance or of chs 194 or 340 to 348and 350, the defendant may enter a plea of notguilty based on such summons or citation byletter to the judge at the address indicated on thesummons or citation, the letter to show thedefendant's return address .. The letter mayinclude a request for trial during normal day-time business hours Upon receipt of the letter,the judge shall reply by mail to the defendant'saddress setting forth a time and place for trial,the time to be during normall business hours ifrequested by the defendant .. The date of'the trialshall be at least 10 days from the mailing by the,judge.. Nothing in this subsection forbids thesetting of the trial at any time convenient to allparties concerned .

Hi s tory : 1971 c, 278 ; 1973 c, 218 ; 1977 c 305Courts may not dismiss traffic complaints on payment of

penalty and costs, or costs alone, 63 Atty Gen . . 328 .

345 .35 Nott guilty plea ; Immediate trial .(1) If the 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 ifthe defendant pleads not guilty .

(2) If the defendant pleads riot guilty andstates that he waives the right to jury trial andthat he wishes an immediate trial, the case maybe tried forthwith ifthe plaintiff consents .,

His tory : 1971 c . 2'18,

(6) Any person who fails to complyy with thissection relative to forwarding records of convic-tions to the department may be fined not morethan $100 .

(7) If a defendant who has not made a cashdeposit or stipulation of no contest and who hasdeposited his or, her valid Wisconsin's chauf-feur's or operator's license under' s . . 345 .23 (2)(c) fails to appear in court at the time fixed inthe citation or by subsequent postponement, thecourt shall order the license suspended for aperiod of 30 days or until the case indisposed of',whichever is longer . Within 48 hours after theorder of suspension, notice of the suspensionshall be forwarded to the department but thecourtt shall retain possession of the suspendedlicense, The court may enter an order vacatingthe suspension if the defendant so moves within10 daysafter the date set for the appearance andproves to thee satisfaction of the court that thefailure to appear was due to mistake, inadver-tence, surprise or excusable neglect . If no orderhas been entered vacating the suspension thecourt shall forthwith forward the license to thesecretary If the court enters an order vacatingthee suspension or if the disposition of thee caserequires termination of the suspension the courtshall immediately notify the secretary . . Suspen-sion under this subsection shall not affect thepower' of the court to suspend or revoke under s .343.30 or the power of the secretary to suspendor revoke under s . . 34 .3 . .32 .

History : 1971 c. 278 ; 1973 c . 218 ; 19 75 a, 231, 421 ; 19'7'1 c .29 ss. 1472 to 1475, 1654 (7) (a), (c) ; 1977 c .. 273, 305 . .

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 and the penalty assess-ment, if required under s . 165 .87, shall beentered .

History: 1973 c 21$ ; 1977 c . 29.

345 .38 . Effect of plea of no contest . . For-feiture of deposit underr s .345.37 (2), an ac-cepted plea of no contest, or a stipulation of nocontest under s . .345 .27, to~ajcharge 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..

History : 1971 c 278. ,

postponement, . the followingg procedure shallapply :

(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 the defendant has made a depositunder' s . 345 . . 26, the citation may serve as theinitial pleading and thee defendant shall bedeemed to have tendered a plea of no contest andsubmitted to a forfeiture and , a penalty assess-ment, if required by s. 165 ., 87, plus costs and theapplicable suit tax, not exceeding the amount ofthe deposit.. Thee court may either acceptt theplea of no contest and enter judgment accord-ingly, or, reject the plea and issue a summonsunder, ch . 968. If the defendant fails to appear inresponse to the summons, the court shall issue awarrant under ch . 968 . . . If' the court accepts theplea of no contest, thee defendant may movewithin: 6 months af'te r' the date set for theappearance to withdraw the plea of no contest,open the judgment and enter ' a plea of not guiltyupon a showing to the satisfaction of the courtthat the failure to appear was due to mistake,inadvertence, surprise or excusable neglect „ Ifon reopening, the defendant is found not guiltythe court shall immediately notify the depart-ment to delete the record of conviction based onthe original proceeding and shall order, thedef'endant's deposit returned .

(3) If the defendant has stipulated no contestunder s . .345 . :27, the court or judge having trialjurisdiction of the violation may, on motionwithor without notice, for cause shown by affidavitand upon just terms, within 10 ' days after thestipulation has been entered into, relieve anyparty from the stipulation and the effectsther ' eof ' .. If a party is i elieved from the plea of nocontest, the court or , judge may order the stipu-lation `or, a written complaint to be filed and setthe matter for trial , After trial the penaltyassessment, if required by s . 165.87, costs andfees 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 pleaof no contest to any violation for which his or -heroperator's record will be chargedd with demeritpoints as established by rule under s 343.32 (2),the official accepting the forfeiture and thepenalty assessment, if required by s . 165 . . 87,shall comply wi th s 343 27 (3) .

(5) Within 5 working days after forfeiture ofdeposit or entry of default ,judgment; the officialreceiving the forfeiture and thee penalty assess-ment, if required by s. 165 .87, shall forward tothe department a certification of the entry ofdefault judgment or a judgment of forfeiture

345.37 CIVIL AND CRIMINAL LIABILITY 3 ' 750

regulation case, or if in circuit court either partyf iles a written demand for a jury trial within 10days after the defendant enters a plea of notguilty under s . 345 34 and immediately pays thefees specified in par . (b), the court shall placethe case on the jury calendar of the circuit court . .The number of jurors shall be determined unders. 756,096 (3) (b) . If no party demands a trialby a jury of 12, the right to trial by a jury of 12 iswaived forever

(b) The fee for a jury is $2 per person on thejury,, plus the applicable suit tax and clerk 's fee .Q) If there is a demand for a trial by a jury

of 12, the procedure applicable to jury trials incivil actions shall apply .

(3) (a) If ' a jury of le s s than 12 persons isdemanded, in counties having a population of500,000 or more, the jury shall be drawn fromthe circuit court jury panel and selected as setforth under Title XLIIAA in all other counties,such,juries shall be selected as provided in pans ,(b) and (c) , except that any party may demandtrial by a countywide jury and that the clerkshall select, by lot, the names of suf 'f 'icient per-sons qualified to serve as , juiorsas will provide toeachparty entitled to peremptory challenges thenumber of challenges specified in par (b)

(b) If' a timely demand for a jury of less than12 ' persons is made, the j udge shall direct theclerk of the court to select by lot from thecurrent jury panel the names of a suff i cientnumber of 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 for the party . . Except incounties having a population of 500 , 000 ormore, no uoir dire examination or challenge forcause shall be permitted . . The clerk shall sum-mon a sufficient number of persons whosenames are not struck out, to appear at the timeand place named in the summons ..

(c) Jurors may all be residents of a munici-pality in which the court is held unless thedefendant demands a countywide jury For thispurpose a municipaljury list may be established,known as the " . . . .. . (name of municipality) jur,ylist", which shall be constituted as follows: Thejury commissioners appointed by the circuitcourt of the county in which the municipality islocated shall, fr om 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 in-volved : The judge or judges of the court may bycourt order di rect the jury commissioners tofurnish a list of less than 200 jurors, but in noevent shall such list contain less than 50 names ..Except as herein provided, the provisions of s .756 , 04, relating to the preparation of',jury lists

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 orderthatt the defendant be allowed to inspect and testunder s . 804 09 and under such conditions as thecourt prescribes, any devices used by the plain-tiff" to determine whetherr a violation has beencommitted, including without limitation, de-vices used to determine presence of alcohol inbreath or body fluid or to measure speed, andmay inspect under' s . 804,09 the reports ofexperts relating to those devices .

Hi s to ry: 1971 c 278 ; Sup. `Ct Order, 67 W (2d) 776; 1975c .. 218..

345.422 No guardian ad litem. No guardianad litem need be appointed for any defendant ;.

History: 1971 c. 278

345 .425 Mode of trial. (1) The defendantshall be informed of his or her right to a jury trialin circuit court on payment offees required by s,345:4.3 (1)

(2) If both` patties, in a court of record,request a trial by the court or if neither demandsa trial by jury" the right to a trial by jury iswaived . . .

Hi s tory : 1971 c, . 278 ; 19777 c. 305 ; .19'7'7 c . 449 s . 497

345.43 Jury trial . (1) (a) df'a case has beentransferred under, s . 300 ;04 (1) (d) in a traffic

3751

345 .40 Pleading. A citation which complieswith s . 345 11 or a complaint which complieswith the appropriate provisions of ch. 968 maybe used as the initial pleading, or the justice ;clerk or one of his deputies may enter upon therecords of the court a statement of thee offensecharged, which shall stand as a complaint, un-less the court directs that formal complaint bemade. Several counts may be joined in onecomplaint or a separate complaint may be pre-pared for each separate violation . The defend-ant's plea shall be guilty, no contest or not guiltyand shall be entered as not guiltyy upon failure toplead. A plea of not guilty shall put all mattersin such case at issue .

History: 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 bewaived,

History: 1971 c . . 278

345 .42 No preliminary examination . Thereshall be no preliminary examination . .

History : 1971'c„ 278

CIVIL AND CRIMINAL LIABILITY 345.43

suspend or, revoke under s . .343 .. 30 or the power 'of the secretary to suspend or revoke such oper-ating privilege „

(c) If a court or judge suspends an operatingprivilegee under this section, the court or judgeshall immediately take possession of the sus-pended license and shall forward it to the de-partment together with the notice of suspension,which shall clearly state that the suspension wasfor failure to pay a forfeiture and a penaltyassessment, if 't equired by s . . 165 ., 8 ' 7, imposed bythe court . The notice of suspension and thesuspended license,, if it is available , shall beforwarded to the department within 48 hoursafter- the order of suspension .. If the forfeitureand penalty assessment is paid during a period ofsuspension the court or-judge shall immediatelynotify the department . . Upon receipt of thenotice and payment of the reinstatement feeunder' s . .343 :.21 (1) (j), the department shallreturn the license when the minimum period ofsuspension has passed..

(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, penaltyassessments and costs shall be taken out of thedeposit and the balance, i f any, returned to thedefendant .

(3) When a defendant is imprisoned fornonpayment of a f 'o r f 'eiture or a penalty'assess-ment for an action brought by a municipalitylocated in more than one county, any commit-ment to a county institution shall be to thecounty in which the action was tried ..

(4) Section .343 . . .345 takes precedence overthis section to the extent the 2 sections conflict ..

History : 1971 c, 2 7 8 ; 1973 c .. 218 ; 19' 7'7 c .. 29 ss 1477 to1482 ; 1654 (7) (c) .

345.48 Reporting pending appealw (:1) Ifthe defendant is found gu ilty -the cou* shall,within 48 hours, forward to the department therecord of such conviction,.

(2) If the defendant is found guilty of atraffic violation for which revocation of hisoperating privilege is mandatory under s ..343.31 ; or for which the court revokes of sus-pends his operating privilege under s . . :34 .3 .30,the court shall immediately take possess ion ofthe suspended or revoked license . . The revoca-tion or suspension is effective i tmediately . Thecourt ordered suspension or-, revocation shalll beincluded as part of the report of conviction undersub. (1) .

(3) If no notice of appeal is filed within 10days, the court shall, within 48 hours af 'ter'expiration of the 10-day period, forward to thedepartment any surrendered license,

345.45 Burden of proof. The standard ofproof for conviction of any person charged withviolation of any traffic regulation shall be evi-dence that is clear, satisfactory and convincing . .History: 1973,c.. 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 makesits finding, .History: 1971 c 278 .

345 .47 Judgment of forfeiture and pen-alty assessment. (1) If the defendant is foundguilty, the court may enter,judgment against thedefendant for a monetary amount not to exceedthe maximum forfeituree and penalty : assess-ment, if required by s. 165 .87, provided for theviolation and for costs under' s. 345 .5 .33 and, inaddition, may suspend or revoke his or heroperating privilege under s . .343 .30. If thejudgment 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 fora period of time not less than 30 days nor morethan 6 months . If the person pays the forfeitureand the penalty assessment, if required by s„165.87, after suspension under this section, thesuspension sha1T be reduced' to the minimumperiod of 30 days . Suspension under this para-graph shall not affect the power of the court to

345.43 CIVIL AND CRIMINAL LIABILITY

for the circuit court, so far as applicable,, shallapply to and govern the preparation of such list,but the slips containing the namess of jurors soselected shall be deposited in a box designatedthe " . . . . (name of municipality jury list",

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

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

(am) The defendant is found not guilty of'thecharge by the jury; 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 27 8; .1 973 c . 218 ; Sup. Ct. Or de r, 6 7 W( 2d) 776 ; 197 5 c 231, 2 9 1 ; 1 9 77 c .. 1 87 s . 1 3 5 ; 1977 c . 305,3 18, 447, 449 .. - -

Requ ir ement that defendant pr epay jury fees in civil tra f -fic forfeiture action is con stitutional . State v. Graf, 72 W(2d) 179 , 240 NW ( 2d) 38 7 . .

3752.

action bas any proceeding under a state s t a tutefor the same violation. :" A judgment on themerits in an action under a state statute bars a nyproceeding under a traffic ordinance enacted inconformity with the state statute for the sameviolation .

(2) The pendency of an action under a tra fficordinance is grounds for staying an action undera state statute for the same violation Thependency of an action under a state statute isgrounds for staying an action under a trafficordinance enacted in conformity with the s t a te'statute for the same violat ion . .

:History: 1971 o 278

345.5.3 Costs nott taxed against: plaintiff .In traffic regulation, actions in all courts" costsmay not be taxed against the plaintiff

History : 1971 c 278

345.55 Traffic off i cers not to profit fromarrests . (1) No traffic officer shall demand,sol icit, receive or be paid a ny remuneration ., upon-the basis of number ofar rests made, co nvictionsobtained or' amount of f i nes collected

(2) Any pe r son violating this Section may berequired to forfeit not less than $_ 5 nor morethan $200 :for the first offense and , foz thesecond , and each subsequent conviction withinone year thereafter, may berequired to forfeitnot less than $50 nor: more than $500

History : 1971 c 278 s 42

345.60 Penalty of compulsory safetyschool attendance . (1) Except as provided insub, (3), in addition to or in lieu of otherpenalties provided by law for violation of chs :346 to 348, the trial court may in i ts judgment ofconvict ion older the convicted person to attend ;for a certain ' number of school days, a trafficsafety school whose course and mode of insti uc- .tian is app roved by the secretary and wh i ch isconducted by the. police department of the mu-nicipality, the sheriff's office o f the county or byany regularly established safety organization ..

(2) This section also applies in the case of anadjudicationof violation of 'a, local traffic regu-lation which is in conformity with chs 346 to348 .

(3) In addition to other penalti es provided bylaw: . for violation of s .346 .63, (1) or a > localordinance i n conformity therewith, thee trialcourt may in its judgment of conviction or-derthe convicted .person to attend, for a certainnumber of,' school days, : a school under sub ... . (1) ,.

History: 1971 c 27 8 s . . 45; 19 ' 17 c 29 s 1654 . (7) (c) ; 19'7 7c . 193

Convicted drunk drivers may be sent to safety school inlieu of other penalties . 60 Atty.. Gen.. 261 .

The court may not waive the revocation of operating privi-leges by the division of motor vehicles as required by 343 . 31(1) (b), 62 Ally Gen 31

345 .52 No double prosecution . (1) Ajudgment on the merits in a traffic ordinance

3753

(4) If notice of appeal is filed the court shall,within 48 hours after it is filed, forward to thedepartment a certificate stating that the appealhas been perfected and shall return any surren-dered license Thereafter, the court shall notifythe department as required under s . .343 325 (1)(b) and (c) .,His tory : 1971 c . 278 ; 1977 c 29 s. . 1654 (7) (a) .

345 .49 Procedure on Imprisonment; non-payment of forfeiture or penalty assess-ment. (1) Any person imprisoned under s .345.47 for nonpayment of ,a forfeiture of apenalty assessment, if required by s . 165 . .87,may, on request, be allowed to work under s .56 ..08 . If the person does work, earnings shall beapplied on the unpaid forfeiture or, penalty as-sessment after payment of personal board andexpensess and support of personal dependents tothe extent directed by the court.

(2) Any person who is subject to imprison-ment' under s. 345.47 for nonpayment of aforfeiture or penalty assessment may be placedon probation to some.e person satisfactory to thecourt for not more than 90 days or until theforfeiture or penalty assessment is paid if that isdone before expiration of the 90-day period . .The paymentt of the forfeiture or, penalty assess-ment during such period shall be a condition ofsuch probation, ` If thee forfeiture or, penaltyassessment is not paid or the court deems thatthe interests of justice require, probation may beterminated and the defendant imprisoned asprovided in sub . (1) or s . 345 .47 .

History: 1971 c. . 278 ; 1977 c. . 29 . .

3,4 $.$0 Appeal. (1) JURISDICTION ON AP-PEAL. An appeal from circuit court shall be tothe court of appeals.

(2) STAY OF EXECUTION. Thee amount ofundeftaking required` to stay execution on ap-peal shall not exceed the amount of the maxi-mum forfeiture plus court costs,

History: 1971 c.. 278; S up, Ct Order, 67 W (2d) 7 76 ; 1977c , 187, 305 ; 1977 c 449 s, 497

345 .51 Reopening, of default judgment .Except as provided in S,1 345 . . .37, there shall be noreopening of default jdgments unless allowedby order of the trial court after notice andmotion duly made and upon good cause shown ..The notice oftion must be filed within 6months aftei"66y of judgment in the casedocket. Defauli?judgments for purposes of thissection include pleas of guilty, no contest andforfeitures of deposit .

History: 1 971 c. 278 ; 1973 c 218 .

CIVIL AND CRIMINAL L9A6BL9TY 345.60

345 .61 CIVIL AND CRIMINAL LIABILITY

345 .61 Guaranteed traffic arrest bonds .(1) SURETY COMPANIES AUTHORIZED TO GUAR-ANTEE, (a) Any domestic or foreign suretycompany which has qualified to transact suretybusiness in this state may, in any year, becomesurety in an amount not to exceed $200 withrespect to anyy guaranteed arrest bond certifi-cates issued in such year by an automobile club,association or by an insurance company autho-rized 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 itself 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 officerr stops an operatorof a vehicle, having in his possession a validguaranteed arrest bond certificate, he shalll ob-tain the necessary information for his citationand if such guaranteed arrest bond covers thefine for thee violation such officer shall releasesuch vehicle and operator

(2) FORM OF BOND 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 certificates of whichthe surety company undertakes to be surety .

(b)The unqualified obligation of the suretycompanyy to pay the fine or forfeiture in anamount not to exceed $200, or $1,000 as pro-vided in sub . . (1) (b), of any personn who ; afterposting a guaranteed arrest bond certificatewith respect to which the surety company hasundertakenn to be surety, fails to make the, ap-pearance to guarantee which, the guaranteedarrest bondd certificate was posted,

(c) "Guaranteedd arrest bond certificate" asused in this section means any printed card orother' certificate issued by an automobile club,association or insurance company to any of itsmembers or insut eds, which card or certificate issigned by the member or insureds and contains aprinted statement that the automobile club,association or insurance company and a surety

3754

company, or an insurance company . authorizedto transact both automobile liability insuranceand surety business, guarantee the appearanceof the persons whose signature appears on thecard or certificate and that they will in the eventof failure of the person to appear in court at thetime of trial, pay any fine or forfeiture imposedon the person, including the penalty assessmentrequired by s . 165 87, in an amount not exceed-ing $200, or $1 ',000 as provided in sub .. (1) (b)

(d) A guaranteed arrest bond certificateunder sub (1) (b) need not be secured by asurety company. . The commissioner of insui-ance may promulgate rules to insure such bondif he feels it necessary .

(3) Any guaranteed arrest bond certificatewith , respect to which a surety companyy hasbecome surety, or a guaranteed arrest bondcertificate issued by an insurance company au-thorized to transact both automobile liabilityinsurance andd surety business within this stateas herein provided, shall, when posted by theeperson whose signature appears thereon, be ac-cepted in lieu of cash bail or other bond in anamount not to exceed $200, or $1,000 as pro-vided in sub . (1) (b), as a bail bond, to guaran-tee the appea r ance of" such person in any court inthis state, including all municipal courts in thisstate, at such time as may be required by suchcourt, when the person is arrested for violationof and vehicle law of this state or any motorvehicle ordinance of any county or municipalityin th i s state except for the offense of drivingunder thee influence of intoxicating liquors or ofdrugs or for any felony committed prior to thedate of expiration shown on such guaranteedarrest bond certificates ; provided, that any suchguaranteed arrest bond certificates so posted asbail bond in any court in this state shall besubject to the f'orf'eiture and enforcement provi-sions with respect to bail bonds in criminal casesas otherwise provided by law or as hereafter maybe provided by law, and that any such gu dran-teedar r est bond certificate posted as a bail bondin any municipal court off this state shall besubject to the forfeiture and enforcement provi-sions, if any, of the charter or ordinance of theparticula r countyy or municipality pertaining tobail bonds posted .

History : 1977c 29 .