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).
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.