346.04 Obedience to traffic officers, signs and signals; fleeing from officer.
(1) No person including a personal delivery device operator shall fail or refuse to comply with any lawful order, signal, or direction of a traffic officer.
(2) No operator of a vehicle shall disobey the instructions of any official traffic sign or signal unless otherwise directed by a traffic officer.
(2t) No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle that the operator knows or reasonably should know is being operated by a law enforcement officer, shall knowingly resist the officer by failing to stop his or her vehicle as promptly as safety reasonably permits.
(3) No operator of a vehicle, after having received a visual or audible signal from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle that the operator knows or reasonably should know is being operated by a law enforcement officer, shall knowingly flee or attempt to elude any officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, the traffic officer, the law enforcement officer, other vehicles, or pedestrians, nor shall the operator increase the speed of the operator's vehicle or extinguish the lights of the vehicle in an attempt to elude or flee.
(4) Subsection (2t) is not an included offense of sub. (3), but a person may not be convicted of violating both subs. (2t) and (3) for acts arising out of the same incident or occurrence.
History: 1991 a. 316; 2001 a. 109; 2017 a. 13, 347.
That an officer was driving a vehicle equipped with red lights and siren was insufficient to prove that vehicle was “marked" under sub. (3). State v. Oppermann, 156 Wis. 2d 241, 456 N.W.2d 625 (Ct. App. 1990).
The knowledge requirement in sub. (3) applies only to fleeing or attempting to elude an officer. The statute does not require the operator of a fleeing vehicle to actually interfere with or endanger identifiable vehicles or persons; he or she need only drive in a manner that creates a risk or likelihood of that occurring. State v. Sterzinger, 2002 WI App 171, 256 Wis. 2d 925, 649 N.W.2d 677, 01-1440.
In sub. (3), “willful" modifies “disregard." In that context, “willful" requires a subjective understanding by the defendant that a person known by the defendant to be a traffic officer has directed the defendant to take a particular action, and with that understanding, the defendant chose to act in contravention of the officer's direction. Either willful or wanton disregard is sufficient to result in a statutory violation. An act done “willfully" does not require a showing of personal hate or ill will. Sub. (3) does not provide a good faith exception to compliance. State v. Hanson, 2012 WI 4, 338 Wis. 2d 243, 808 N.W.2d 390, 08-2759.
Under both the statute and the pattern jury instructions, there are 3 methods by which the statutory requirements under sub. (3) for knowingly fleeing or attempting to elude a traffic officer, can be satisfied: 1) by increasing the speed of the vehicle; 2) by extinguishing the lights of the vehicle, or 3) by willful or wanton disregard of the signal so as to interfere with or endanger the officer, vehicles, or pedestrians. State v. Beamon, 2013 WI 47, 347 Wis. 2d 559, 830 N.W.2d 681, 10-2003.
An unmarked police vehicle displaying red and blue lights is not a marked vehicle for purposes of sub. (2). Section 346.19, regarding the requirements on the approach of an emergency vehicle, is the proper statute to invoke when the proof requirements for fleeing under this section are not met. 76 Atty. Gen. 214.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 346 - Rules of the road.
346.01 - Words and phrases defined.
346.02 - Applicability of chapter.
346.03 - Applicability of rules of the road to authorized emergency vehicles.
346.04 - Obedience to traffic officers, signs and signals; fleeing from officer.
346.05 - Vehicles to be driven on right side of roadway; exceptions.
346.07 - Overtaking and passing on the left.
346.072 - Passing stopped emergency or roadside service vehicles.
346.075 - Overtaking certain vehicles and devices.
346.08 - When overtaking and passing on the right permitted.
346.09 - Limitations on overtaking on left or driving on left side of roadway.
346.10 - When passing at a railroad crossing, intersection, bridge, viaduct or tunnel prohibited.
346.11 - Passing or meeting frightened animal.
346.12 - Driving through safety zones prohibited.
346.13 - Driving on roadways laned for traffic.
346.14 - Distance between vehicles.
346.15 - Driving on divided highway.
346.16 - Use of controlled-access highways, expressways and freeways.
346.17 - Penalty for violating sections 346.04 to 346.16.
346.175 - Vehicle owner's liability for fleeing a traffic officer.
346.18 - General rules of right-of-way.
346.19 - What to do on approach of emergency vehicle.
346.20 - Right-of-way of funeral processions and military convoys.
346.205 - Owner's liability for vehicle failing to yield the right-of-way to a funeral procession.
346.21 - Right-of-way of livestock.
346.215 - Emergency vehicles operated as escorts and rights-of-way related to escorted vehicles.
346.22 - Penalty for violating sections 346.18 to 346.21.
346.23 - Crossing controlled intersection or crosswalk.
346.24 - Crossing at uncontrolled intersection or crosswalk.
346.25 - Crossing at place other than crosswalk.
346.26 - Blind pedestrian on highway.
346.27 - Persons working on highway.
346.28 - Pedestrians to walk on left side of highway; drivers to yield on sidewalks.
346.29 - When standing or loitering in roadway or highway prohibited.
346.30 - Penalty for violating sections 346.23 to 346.29.
346.31 - Required position and method of turning at intersections.
346.32 - Required position for turning into private road or driveway.
346.34 - Turning movements and required signals on turning and stopping.
346.35 - Method of giving signals on turning and stopping.
346.36 - Penalty for violating sections 346.31 to 346.35.
346.37 - Traffic-control signal legend.
346.38 - Pedestrian control signals.
346.41 - Display of unauthorized signs and signals prohibited.
346.42 - Interference with signs and signals prohibited.
346.43 - Penalty for violating sections 346.37 to 346.42.
346.44 - All vehicles to stop at signal indicating approach of train.
346.445 - Limitations on pedestrians and personal delivery devices crossing railroad tracks.
346.45 - Certain vehicles to stop at railroad crossings.
346.452 - Owner's liability for vehicle illegally crossing at a railroad crossing.
346.455 - Vehicles to stop at fire station.
346.457 - Owner's liability for vehicle illegally passing fire truck.
346.46 - Vehicles to stop at stop signs and school crossings.
346.465 - Owner's liability for vehicle illegally crossing controlled school crossing.
346.47 - When vehicles using alley or nonhighway access to stop.
346.475 - Human service vehicles; loading or unloading children with disabilities.
346.48 - Vehicles to stop for school buses displaying flashing lights.
346.485 - Owner's liability for vehicle illegally passing school bus.
346.49 - Penalty for violating ss. 346.44 to 346.485.
346.495 - Railroad crossing improvement surcharge.
346.50 - Exceptions to stopping and parking restrictions.
346.51 - Stopping, standing or parking outside of business or residence districts.
346.52 - Stopping prohibited in certain specified places.
346.53 - Parking prohibited in certain specified places.
346.54 - How to park and stop on streets.
346.55 - Other restrictions on parking and stopping.
346.56 - Penalty for violating sections 346.503 to 346.55.
346.58 - Special speed restrictions for certain vehicles.
346.59 - Minimum speed regulation.
346.595 - Motorcycles and mopeds.
346.60 - Penalty for violating sections 346.57 to 346.595.
346.61 - Applicability of sections relating to reckless and drunken driving.
346.63 - Operating under influence of intoxicant or other drug.
346.635 - Report arrest or out-of-service order to department.
346.637 - Driver awareness program.
346.64 - Employment of drunken operators.
346.65 - Penalty for violating sections 346.62 to 346.64.
346.655 - Driver improvement surcharge.
346.657 - Safe ride program surcharge.
346.66 - Applicability of sections relating to accidents and accident reporting.
346.67 - Duty upon striking person or attended or occupied vehicle.
346.675 - Vehicle owner's liability for failing to stop at the scene of an accident.
346.68 - Duty upon striking unattended vehicle.
346.69 - Duty upon striking property on or adjacent to highway.
346.70 - Duty to report accident; assistance following accident.
346.71 - Coroners or medical examiners to report; require blood specimen.
346.72 - Garages to keep record of repairs of accident damage.
346.73 - Accident reports not to be used in trial.
346.74 - Penalty for violating sections 346.67 to 346.73.
346.77 - Responsibility of parent or guardian for violation of bicycle and play vehicle regulations.
346.78 - Play vehicles not to be used on roadway.
346.79 - Special rules applicable to bicycles.
346.804 - Riding bicycle on sidewalk.
346.805 - Riding electric scooter or electric personal assistive mobility device on sidewalk.
346.806 - Special rules applicable to electric bicycles.
346.807 - Operating personal delivery device on sidewalk.
346.82 - Penalty for violating sections 346.77 to 346.807.
346.87 - Limitations on backing.
346.88 - Obstruction of operator's view or driving mechanism.
346.90 - Following emergency vehicle.
346.915 - Following snowplows.
346.922 - Transporting children in cargo areas of motor trucks.
346.923 - Human service vehicles; minimum operator qualifications.
346.924 - Transporting buildings on highways.
346.925 - Operation of agricultural machinery by youthful operators.
346.93 - Intoxicants in vehicle; underage persons.
346.935 - Intoxicants in motor vehicles.
346.94 - Miscellaneous prohibited or restricted acts.
346.945 - Vehicle owner's liability for radios or other electric sound amplification devices.