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 Chapter 7. TRAFFIC CODE

  § 7.21. ENFORCEMENT .

Latest version.

  • (1)

    ENFORCEMENT PROCEDURE. This chapter shall be enforced according to §§ 23.33, 66.12, 345.11 to 345.61, 350.17 and Ch. 799, Wis. Stats.

    (2)

    DEPOSIT.

    (a)

    Any person arrested for a violation of this chapter may make a deposit of money as directed by the arresting officer at the Sheriff's Department or the office of the Clerk of Court or by mailing the deposit to such places. The arresting officer or the person receiving the deposit shall notify the arrested person, orally or in writing, that:

    1.

    If the person makes a deposit for a violation of a traffic regulation, he need not appear in court at the time fixed in the citation and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and penalty assessment, if required by § 165.87, Wis. Stats., a jail assessment, if required by § 302.46(1), Wis. Stats., plus any applicable fees prescribed in Ch. 814, Wis. Stats., not to exceed the amount of the deposit the court may accept as provided in § 345.37, Wis. Stats.

    2.

    If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his arrest.

    (b)

    The amount of the deposit shall be determined in accordance with the State of Wisconsin Revised Uniform State Traffic Deposit Schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 165.87, Wis. Stats., and court costs. If a deposit schedule has not been established, the arresting officer shall require the alleged offender to deposit the forfeiture established by the Sheriff, which shall include the penalty assessment established under § 165.87, Wis. Stats. Deposits for nonmoving violations shall not include the penalty assessment.

    (c)

    The arresting officer or the person receiving the deposit shall issue the arrested person a receipt therefor as required by § 345.26(3)(b), Wis. Stats.

    (3)

    PETITION TO REOPEN JUDGMENT. Whenever a person has been convicted in this State on the basis of a forfeiture of deposit or plea of guilty or no contest and the person was not informed as required under § 345.27(1) and (2), Wis. Stats., the person may, within 60 days after being notified of the revocation or suspension of the operating privilege, petition the court to reopen the judgment and grant him an opportunity to defend on merits. If the court finds that the petitioner was not informed as required under § 345.27(1) and (2), Wis. Stats., the court shall order the judgment reopened. The court order reopening the judgment automatically reinstates the revoked or suspended operating privilege.