800.03 Plea of no contest prior to initial appearance. - Wisconsin Statutes

800.03

800.03 Plea of no contest prior to initial appearance.

800.03(1)

(1) If a person is issued a citation in a case specified in s. 800.02 (1), the person may make a plea of no contest and deposit as follows:

800.03(1)(a)

(a) In traffic regulation cases, as provided in s. 345.26.

800.03(1)(b)

(b) In boating violations, as provided in s. 23.67.

800.03(1)(c)

(c) In other violations, the person may make such a plea and deposit only if the governing body of the municipality has approved the deposit schedule under sub. (3). The person may make the plea of no contest and deposit to the municipal court at any time prior to the initial appearance.

800.03(2)

(2) The person who has made a plea and deposit under sub. (1) may appear in court. In such case, the court shall allow the person to withdraw his or her plea of no contest. The person need not appear in court.

800.03(3)

(3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under ch. 814.

800.03(4)

(4) Notwithstanding sub. (1), a court appearance may be required by a municipality for a violation of a local ordinance in conformity with s. 346.63 (1). If a person fails to make a required appearance under this subsection and the judge issues an arrest warrant, the law enforcement agency which filed or transmitted the uniform traffic citation shall file a detailed description of the warrant with the department of justice.

800.03(5)

(5) Notwithstanding sub. (1), a court appearance may be required if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator.

800.03 - ANNOT.

NOTE: This section is repealed eff. 1-1-11 by 2009 Wis. Act 402.

800.03 - ANNOT.

History: 1977 c. 305; 1979 c. 32 ss. 68, 92 (17); Stats. 1979 s. 800.03; 1981 c. 184, 317; 1983 a. 535; 1985 a. 29; 1987 a. 27; 1989 a. 107, 170; 1991 a. 39, 40; 1993 a. 16, 437; 1997 a. 27; 1999 a. 9, 109; 2001 a. 16; 2003 a. 139; 2009 a. 402.