938.17 Jurisdiction over traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations and over civil law and ordinance violations.
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/wi/chapter-938/938-17A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
938.17 Jurisdiction over traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations and over civil law and ordinance violations.
(1)Traffic, boating, snowmobile, all-terrain vehicle, utility terrain vehicle, and limited use off-highway motorcycle violations. Except for violations of ss. 342.06
(2)and 344.48
(1), and violations of ss. 30.67
(1)and 346.67
(1)when death or injury occurs, courts of criminal and civil jurisdiction have exclusive jurisdiction in proceedings against juveniles 16 years of age or older for violations of ss. 23.33 and 23.335 , of ss. 30.50 to 30.80 , of chs. 341 to 351 , and of traffic regulations, as defined in s. 345.20 , and nonmoving traffic violations, as defined in s. 345.28
(1). A juvenile charged with a traffic, boating, snowmobile, all-terrain vehicle, utility terrain vehicle, or limited use off-highway motorcycle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile, all-terrain vehicle, utility terrain vehicle, or limited use off-highway motorcycle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:
(a)The court may disregard any minimum period of incarceration specified for the offense.
(b)If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a juvenile detention facility.
(c)If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions under s. 938.34 , including placement of the juvenile in a juvenile correctional facility or a secured residential care center for children and youth, if appropriate.