Wisconsin Statutes
Wis. Stat. § 346.04 (2026)
Obedience to traffic officers, signs and signals; fleeing from officer
✓ current as of July 2026
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346.04(1)(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.
346.04(2)(2) No operator of a vehicle shall disobey the instructions of any official traffic sign or signal unless otherwise directed by a traffic officer.
346.04(2t)(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.
346.04(3)(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.
346.04(4)(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.
346.04 AnnotationThat 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).
346.04 AnnotationThe 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; the operator 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.
346.04 AnnotationIn 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.
346.04 AnnotationUnder both the statute and the pattern jury instructions, there are three 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.
346.04 AnnotationAn 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.
Notes of Decisions
Cited in 89
cases (11 in the last 5 years), 1976–2026 · leading case: State v. Courtney C. Beamon
State v. Courtney C. Beamon, 2013 WI 47 (Wis. 2013). “¶15 The instructions that the jury heard immediately following Judge Mueller's reading of the information did not track the language used in either Wis. Stat. § 346.04 (3) or in the information.”
State v. Hanson, 2012 WI 4 (Wis. 2012). “Hanson guilty of fleeing a traffic officer, a felony under Wis. Stat. § 346.04 (3) (2007-08). 3 The jury found that Hanson knowingly fled a sheriffs deputy after a traffic stop, and that Hanson's "willful or wanton disregard" of the officer's signal interfered with or endangered…”
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “7 ¶23 We conclude that at the time he entered Weber's garage, Deputy Dorshorst had probable cause to arrest Weber for violations of Wis. Stat. §§ 346.04 (2t) and 946.41(1). Deputy Dorshorst activated his emergency lights while driving behind Weber's vehicle but Weber failed to…”
State v. Sterzinger, 2002 WI App 171 (Wis. Ct. App. 2002). “A jury found Thomas Sterz-inger guilty of fleeing an officer, contrary to Wis. Stat. § 346.04 (3) (1999-2000), 1 after he failed to obey a police officer's signal to stop his vehicle.”
Cnty. of Grant v. Daniel A. Vogt, 2014 WI 76 (Wis. 2014). “2012AP1812 suggests that Wis. Stat. § 346.04 ,19 which prohibits a driver from ignoring a signal from a traffic officer, limited Vogt's ability to drive away.”
State v. Jose Alberto Reyes Fuerte, 2017 WI 104 (Wis. 2017). “FACTUAL AND PROCEDURAL BACKGROUND ¶5 Reyes Fuerte entered guilty pleas on February 20, 2014, to two charges: (1) attempting to flee or elude a traffic officer, contrary to Wis. Stat. § 346.04 (3), and (2) second- offense operating with a restricted controlled substance in his…”
State v. Maltese Lavele Williams, 2015 WI 75 (Wis. 2015). “¶44 Beamon was charged with multiple counts, including "Vehicle Operator Flee/Elude Officer, in violation of Wis. Stat. § 346.04 (3)" (2007-08). Id., ¶11 .”
United States v. Dismuke, 593 F.3d 582 (7th Cir. 2010). “Wisconsin’s fleeing offense is punishable by a prison term of more than one year, see Wis. Stat. §§ 346.04 (3), 346.17(3), 939.”
United States v. Rodney T. Howze, 343 F.3d 919 (7th Cir. 2003). “Wis. Stat. § 346.04 (8). This statute must be classified under the “serious potential risk” aspect of subsection (ii).”
State v. Hanson, 2010 WI App 146 (Wis. Ct. App. 2010). “The primary issue on appeal is whether a motor vehicle operator can be fleeing and eluding the police under Wis. Stat. § 346.04 (3) (2007-08) 1 if that operator is ostensibly driving to police (e.”
State v. Saunders, 2002 WI 107 (Wis. 2002). “23 (3) (1991-92); and operating a vehicle to flee an officer, contrary to Wis. Stat. § 346.04 (3) (1991-92). [5] The allegation in the information stated: "Said defendant is a repeat offender pursuant to Section 939.”
State v. Roling, 530 N.W.2d 434 (Wis. Ct. App. 1995). “Nor do we consider the fact that the legislature did not specifically state in any of these statutes that they were, or were not, to apply to cases involving juveniles sixteen and over as compelling the construction Roling advances.”
— Wis. Stat. § 346.04(03) — 1 case
United States v. Wilson, 436 F. App'x 717 (7th Cir. 2011).
— Wis. Stat. § 346.04(1) — 2 cases
State v. Hanson, 2012 WI 4 (Wis. 2012). “Hanson guilty of fleeing a traffic officer, a felony under Wis. Stat. § 346.04 (3) (2007-08). 3 The jury found that Hanson knowingly fled a sheriffs deputy after a traffic stop, and that Hanson's "willful or wanton disregard" of the officer's signal interfered with or endangered…”
State Ex Rel. Anderson v. Shade, 510 N.W.2d 805 (Wis. Ct. App. 1993).
— Wis. Stat. § 346.04(2) — 3 cases
State v. Collins, 363 N.W.2d 229 (Wis. Ct. App. 1984).
Town of Dunn v. Brian S. LaFleur (Wis. Ct. App. 2024).
State v. Lyght, 698 N.W.2d 132 (Wis. Ct. App. 2005).
— Wis. Stat. § 346.04(2t) — 10 cases
State v. Richard L. Weber, 2016 WI 96 (Wis. 2016). “7 ¶23 We conclude that at the time he entered Weber's garage, Deputy Dorshorst had probable cause to arrest Weber for violations of Wis. Stat. §§ 346.04 (2t) and 946.41(1). Deputy Dorshorst activated his emergency lights while driving behind Weber's vehicle but Weber failed to…”
State v. Hanson, 2012 WI 4 (Wis. 2012). “Hanson guilty of fleeing a traffic officer, a felony under Wis. Stat. § 346.04 (3) (2007-08). 3 The jury found that Hanson knowingly fled a sheriffs deputy after a traffic stop, and that Hanson's "willful or wanton disregard" of the officer's signal interfered with or endangered…”
State v. Aman Deep Singh (Wis. Ct. App. 2026).
State v. Richard L. Weber (Wis. 2016).
State v. Richard L. Weber (Wis. 2016).
— Wis. Stat. § 346.04(3) — 22 cases
State v. Courtney C. Beamon, 2013 WI 47 (Wis. 2013). “¶15 The instructions that the jury heard immediately following Judge Mueller's reading of the information did not track the language used in either Wis. Stat. § 346.04 (3) or in the information.”
State v. Hanson, 2012 WI 4 (Wis. 2012). “Hanson guilty of fleeing a traffic officer, a felony under Wis. Stat. § 346.04 (3) (2007-08). 3 The jury found that Hanson knowingly fled a sheriffs deputy after a traffic stop, and that Hanson's "willful or wanton disregard" of the officer's signal interfered with or endangered…”
State v. Roling, 530 N.W.2d 434 (Wis. Ct. App. 1995). “Nor do we consider the fact that the legislature did not specifically state in any of these statutes that they were, or were not, to apply to cases involving juveniles sixteen and over as compelling the construction Roling advances.”
State v. Oppermann, 456 N.W.2d 625 (Wis. Ct. App. 1990).
State v. Tappa, 378 N.W.2d 883 (Wis. 1985).
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