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.
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.