344.04 Power of court to stay suspension of registration or impoundment of vehicles.
(1) Notwithstanding any other provision of this chapter, the secretary shall not suspend the registration of a vehicle when ordered not to do so by the court wherein the judgment for damages was had or, in a case not involving a judgment, when ordered not to do so by a court under petition of the registrant in accordance with sub. (2).
(2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for suspension of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to suspend such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has suspended the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration suspended or the vehicle impounded, the court shall issue an order restraining the secretary from suspending the registration or impounding the vehicle.
(3) This section does not authorize a court to stay suspension or revocation of an operator's license.
History: 1977 c. 29 s. 1654 (7) (c); 1977 c. 273; 1981 c. 363; 1991 a. 269; 1997 a. 84.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 344 - Vehicles — financial responsibility.
344.01 - Words and phrases defined.
344.02 - Hearing on suspension or impoundment.
344.04 - Power of court to stay suspension of registration or impoundment of vehicles.
344.05 - Courts to report nonpayment of certain judgments.
344.07 - Responsibility law not to prevent other process.
344.08 - Suspension for failure to report accident.
344.09 - Reinstatement of operating privilege and registration.
344.12 - Applicability of provisions relating to deposit of security for past accidents.
344.14 - Suspension for failure to deposit security; impoundment of vehicle; exceptions.
344.15 - Requirements as to policy or bond.
344.16 - Requirements as to self-insurers.
344.17 - Requirements as to form and amount of security.
344.18 - Duration of suspension for failure to deposit security.
344.185 - Duration of impoundment of motor vehicle; disposition.
344.20 - Custody, disposition and return of security.
344.21 - Matters not to be evidence in civil suits.
344.24 - Applicability of sections relating to proof of financial responsibility for the future.
344.25 - Suspension for nonpayment of judgment; exceptions.
344.26 - Suspension after judgment for money damages.
344.27 - Installment payment of judgments; suspension upon default.
344.29 - Proof of financial responsibility for the future required.
344.30 - Methods of giving proof of financial responsibility.
344.31 - Certification of insurance as proof.
344.33 - “ Motor vehicle liability policy" defined.
344.34 - Notice of cancellation or termination of certified policy.
344.35 - This chapter not to affect other policies.
344.37 - Money or securities as proof.
344.38 - Owner and leasing company may give proof for others.
344.39 - Substitution of proof.
344.40 - Revocation or suspension for failure to maintain proof; other proof may be required.
344.41 - Duration of proof; when proof may be canceled or returned.
344.42 - Submission of certifications and recertifications by insurers.
344.45 - Surrender of license and registration upon suspension.
344.46 - Transfer of vehicle ownership to defeat purpose of chapter.
344.51 - Financial responsibility for domestic rented or leased vehicles.
344.52 - Financial responsibility for foreign rented vehicles.
344.55 - Insurance for human service vehicles.
344.57 - Definitions applicable to ss. 344.57 to 344.579.
344.572 - Applicability to rental agreements.
344.574 - Limited liability for damage.
344.577 - Advertisement or representation.
344.578 - Credit card for deposit or damages.
344.62 - Motor vehicle liability insurance required.
344.63 - Exceptions to motor vehicle liability insurance requirement.