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.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 345 - Vehicles — civil and criminal liability.
345.01 - Words and phrases defined.
345.05 - Municipal liability for motor vehicle accidents.
345.06 - Owner's liability for act of operator.
345.07 - Civil actions by secretary.
345.08 - Suit to recover protested tax or fee.
345.09 - Service of process on nonresident.
345.11 - Uniform traffic citation.
345.17 - Penalty for false statements.
345.18 - Sentencing of juveniles.
345.20 - General provisions in traffic forfeiture actions.
345.21 - Authority to arrest with a warrant.
345.22 - Authority to arrest without a warrant.
345.23 - Officer's action after arrest without a warrant.
345.24 - Officer's action after arrest for driving under influence of intoxicant.
345.255 - Deposit after release.
345.27 - Information to persons charged.
345.28 - Nonmoving violations.
345.285 - Alternative traffic violation and registration pilot program.
345.31 - Venue in traffic regulation actions.
345.32 - Initial appearance before judge.
345.36 - Not guilty plea; failure to appear.
345.37 - Procedure on default of appearance.
345.375 - Judgment against a corporation or limited liability company.
345.38 - Effect of plea of no contest.
345.42 - Preliminary proceedings.
345.422 - No guardian ad litem.
345.47 - Judgment of forfeitures, costs, fees, and surcharges.
345.48 - Reporting pending appeal.
345.49 - Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or surcharges.
345.51 - Reopening of default judgment.
345.52 - No double prosecution.
345.53 - Costs not taxed against plaintiff.
345.55 - Traffic officers not to profit from arrests.