345.47 Judgment of forfeitures, costs, fees, and surcharges.

540 words·~2 min read·/wi/chapter-345/345-47

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided for the violation, plus costs, fees, and surcharges imposed under ch. 814 , and, in addition, may suspend or revoke his or her operating privilege under s. 343.30 . Upon entering judgment, the court shall notify the defendant personally, if the defendant is present, and in writing that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29

(d). If the defendant is present and the court, using the criteria in s. 814.29

(d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant’s income. If the judgment is not paid or if the defendant fails to make any ordered installment payment, the court shall order:

(a)That, subject to s. 800.095

(b), the defendant be imprisoned for a time specified by the court until the judgment is paid, but not to exceed 90 days; or

(b)In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant’s operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , but not to exceed one year. If the defendant has notified the court that he or she is unable to pay the judgment because of poverty, and if the court, using the criteria in s. 814.29

(d), determines that the defendant is unable to pay the judgment because of poverty, the court may not suspend the defendant’s operating privilege without first providing the defendant with an opportunity to pay the judgment in installments, taking into account the defendant’s income. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator’s operation of a motor vehicle.

(c)If a court suspends an operating privilege under this section, the court may take possession of the suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 or for failure to comply with an installment payment plan ordered by the court. The notice of suspension shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , are paid during a period of suspension, or if the court orders an installment payment plan under sub.

(4), the court shall immediately notify the department.