Wisconsin Statutes
Wis. Stat. § 345.23 (2026)
Officer’s action after arrest without a warrant
✓ current as of July 2026
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345.23345.23 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:
345.23(2)(c)(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.
345.23(3)(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.
345.23(4)(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.
345.23 HistoryHistory: 1971 c. 278; 1973 c. 218; 1977 c. 305, 418; 1983 a. 189 s. 329 (32); 1989 a. 105, 170, 359.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1975–2022 · leading case: State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987).
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). “We need not decide the issue, however, for even if we were to assume, as King argues, that the officer had a duty to inform him of the release provisions of the statute, it does not affect the validity of the arrest.”
Cnty. of Milwaukee v. Proegler, 291 N.W.2d 608 (Wis. Ct. App. 1980). “Sec. 345.23, Stats. The citation must conform to the requirements set forth in sec.”
State v. Mordeszewski, 229 N.W.2d 642 (Wis. 1975). “This is based on the argument that the defendant was initially stopped for violations of the Vehicle Code and sec. 345.23, Stats., requires an officer to release a defendant arrested for a “traffic regulation” *657 under certain conditions.”
Weichman v. Clarke, 434 F. App'x 545 (7th Cir. 2011). “Second, Weichman argues that the state lacked authority to arrest him in March 2009 because, he asserts, it was required under Wis. Stat. § 345.23 to summon him to a hearing within 90 days of the July 18 citation.”
Washington Cnty. v. Justin David Dettmering (Wis. Ct. App. 2022). “§ 345.23(3) is the applicable provision. ¶9 But even if WIS.”
Wis. Stat. § 345.23(2)(c): 1 case
State v. King, 418 N.W.2d 11 (Wis. Ct. App. 1987). “We need not decide the issue, however, for even if we were to assume, as King argues, that the officer had a duty to inform him of the release provisions of the statute, it does not affect the validity of the arrest.”
Wis. Stat. § 345.23(3): 1 case
Washington Cnty. v. Justin David Dettmering (Wis. Ct. App. 2022). “§ 345.23(3) is the applicable provision. ¶9 But even if WIS.”
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