Wis. Stat. » CHAPTER 345 — VEHICLES — CIVIL AND CRIMINAL LIABILITY
Wisconsin Statutes

Wis. Stat. § 345.43 (2026)

Jury trial

✓ current as of July 2026
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345.43345.43 Jury trial.
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345.43(1)(1) If a case has been transferred under s. 800.035 (5) (c), or if in circuit court either party files a written demand for a jury trial within 10 days after the defendant enters a plea of not guilty under s. 345.34 and immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on the jury calendar of the circuit court. The number of jurors shall be 6. If no party demands a trial by jury, the right to trial by jury is permanently waived.
345.43(3)(3) 
345.43(3)(a)(a) In counties having a population of 750,000 or more, the jury shall be selected from the circuit court prospective juror list as set forth under chs. 801 to 847. In all other counties, juries shall be selected as provided in par. (b), except that the clerk shall randomly select the names of sufficient persons qualified to serve as jurors as will provide to each party entitled to peremptory challenges 5 peremptory challenges.
345.43(3)(b)(b) If a timely demand for a jury is made, the judge shall direct the clerk of the court to select at random from the prospective juror list the names of a sufficient number of prospective jurors, from which list either party may strike 5 names. If either party neglects to strike out names, the clerk shall strike out names for the party. The judge shall permit voir dire examinations and challenges for cause. The clerk shall summon a sufficient number of persons whose names are not struck out, to appear at the time and place named in the summons.
345.43(5)(5) In a jury trial of a traffic regulation case, the court is not required to provide the jury with one complete set of written instructions under s. 805.13 (4).
345.43 HistoryHistory: 1971 c. 278; 1973 c. 218; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1975 c. 231, 291; 1977 c. 187 s. 135; 1977 c. 305, 318, 447, 449; 1979 c. 32 s. 92 (17); 1979 c. 89, 128; 1981 c. 317; 1985 a. 170; 1987 a. 389; 1991 a. 271, 315; 1995 a. 427; Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 2009 a. 402; 2017 a. 207 s. 5.
345.43 AnnotationThe requirement that a defendant prepay jury fees in a civil traffic forfeiture action is constitutional. State v. Graf, 72 Wis. 2d 179, 240 N.W.2d 387 (1976).
345.43 AnnotationThe ten-day period for a jury demand did not begin at the initial appearance when the accused requested a continuance rather than entering a plea under s. 345.34 (1). City of Madison v. Donohoo, 118 Wis. 2d 646, 348 N.W.2d 170 (1984).
345.43 AnnotationThe provision under this section for a six, rather than 12, person jury for a speeding violation does not violate article I, section 5, of the Wisconsin Constitution, which provides that the right of trial by jury shall remain inviolate. Dane County v. McGrew, 2005 WI 130, 285 Wis. 2d 519, 699 N.W.2d 890, 03-1794.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1975–2021 · leading case: Dane Cnty. v. McGrew, 2005 WI 130 (Wis. 2005).
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Dane Cnty. v. McGrew, 2005 WI 130 (Wis. 2005). · cites it 28× “We granted review to determine whether Wis. Stat. § 345.43 (2001-02), [1] which mandates six-person juries in civil forfeiture trials, is unconstitutional in Dane County's prosecution of Kenneth McGrew (McGrew) for speeding pursuant to Dane County Ordinance § 69.”
Steven v. v. Kelley H., 2004 WI 47 (Wis. 2004). · cites it 4× “21 (small claims); Wis. Stat. § 345.43 (traffic code). No case has ever held that summary judgment procedure violates any of these statutory jury trial provisions (although it would be highly unusual for a party to attempt to invoke summary judgment in some of these very…”
Welsh v. Wisconsin, 466 U.S. 740 (1984). · cites it 2× “Although first offenders are subjected *763 only to civil forfeiture under the Wisconsin statute, the seriousness with which the State regards the crime for which Welsh was arrested is evinced by (1) the fact that defendants charged with driving under the influence are…”
Cnty. of Portage v. Steinpreis, 312 N.W.2d 731 (Wis. 1981). · cites it 4× “The jury fee considered in that case was required under the provisions of sec. 345.43, Stats., and applied to civil forfeiture actions arising out of the violation of state traffic regulations: "A review of sec.”
State v. Graf, 240 N.W.2d 387 (Wis. 1976). · cites it 2× “” The state segregates these costs from the actual jury fee and confesses error in the retention of these costs after a verdict in favor of Graf. Because these costs in forfeiture jury trial actions are higher than the costs taxed in non-jury civil traffic proceedings, because…”
State Ex Rel. Prentice v. Cnty. Court of Milwaukee Cnty., 234 N.W.2d 283 (Wis. 1975). “10 Sec. 345.43, Stats., now regulates jury trial in traffic violation cases.”
City of Fond Du Lac v. Kaehne, 599 N.W.2d 870 (Wis. Ct. App. 1999). · cites it 4× “See § 345.43(1), Stats. Kaehne was convicted after a court trial on October 16,1998.”
City of Fort Atkinson v. Katie J. Provenzano (Wis. Ct. App. 2020). · cites it 8× “§ 345.43. ¶4 On the day of trial and prior to the parties exercising their for-cause strikes, the parties received a new list consisting of six alternate jurors, none of whom were originally listed in the venire.”
Dodge Cnty. v. Cynthia M. Blandin (Wis. Ct. App. 2021). · cites it 3× “§ 345.43(1) (if a party pays the jury fee prescribed in WIS.”
— Wis. Stat. § 345.43(1) — 3 cases
Cnty. of Portage v. Steinpreis, 312 N.W.2d 731 (Wis. 1981). “The jury fee considered in that case was required under the provisions of sec. 345.43, Stats., and applied to civil forfeiture actions arising out of the violation of state traffic regulations: "A review of sec.”
City of Fond Du Lac v. Kaehne, 599 N.W.2d 870 (Wis. Ct. App. 1999). “See § 345.43(1), Stats. Kaehne was convicted after a court trial on October 16,1998.”
Dodge Cnty. v. Cynthia M. Blandin (Wis. Ct. App. 2021). “§ 345.43(1) (if a party pays the jury fee prescribed in WIS.”
— Wis. Stat. § 345.43(3) — 1 case
City of Fort Atkinson v. Katie J. Provenzano (Wis. Ct. App. 2020). “§ 345.43. ¶4 On the day of trial and prior to the parties exercising their for-cause strikes, the parties received a new list consisting of six alternate jurors, none of whom were originally listed in the venire.”
— Wis. Stat. § 345.43(3)(b) — 1 case
City of Fort Atkinson v. Katie J. Provenzano (Wis. Ct. App. 2020). “§ 345.43. ¶4 On the day of trial and prior to the parties exercising their for-cause strikes, the parties received a new list consisting of six alternate jurors, none of whom were originally listed in the venire.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.