346.175 Vehicle owner’s liability for fleeing a traffic officer.

360 words·~2 min read·/wi/chapter-346/346-175-3

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

(a)Subject to s. 346.01

(2), the owner of a vehicle involved in a violation of s. 346.04

(2t)or

(3)for fleeing a traffic officer shall be presumed liable for the violation as provided in this section.

(b)Notwithstanding par.

(a), no owner of a vehicle involved in a violation of s. 346.04

(2t)or

(3)for fleeing a traffic officer may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under this section or under s. 346.04

(2t)or

(3).

(2)A traffic officer may proceed under sub.

(3)instead of pursuing the operator of a motor vehicle who flees after being given a visual or audible signal by the officer or marked police vehicle.

(a)Within 72 hours after observing the violation, the traffic officer shall investigate the violation and may prepare a uniform traffic citation under s. 345.11 for the violation and, within 96 hours after observing the violation, any traffic officer employed by the authority issuing the citation may personally serve it upon the owner of the vehicle.

(b)If with reasonable diligence the owner cannot be served under par.

(a), service may be made by leaving a copy of the citation at the owner’s usual place of abode within this state in the presence of a competent member of the family at least 14 years of age, who shall be informed of the contents thereof. Service under this paragraph may be made by any traffic officer employed by the authority issuing the citation and shall be performed within 96 hours after the violation was observed.

(c)If with reasonable diligence the owner cannot be served under par.

(a)or

(b)or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner’s last-known address. Service under this paragraph shall be performed by posting the certified mail within 96 hours after the violation was observed.