Hit and Run Laws in

Wisconsin


Update - Copyright by WBAY-TV

Officers Honored for Hit-and-Run Law
Aug 4, 2006 06:09 PM

Two Appleton police officers who say they were just doing their job were recognized Thursday for prompting what's believed to be the first of its kind in the nation.

State Representative Steve Wieckert (R-Appleton) thanked officers Reid Holdorf and Larry Potter for helping push forward legislation to help investigations of hit-and-run drivers.

In the past, if a car was identified as being involved in a hit-and-run and the owner refused to tell authorities who was driving -- and police couldn't prove who was driving -- the case often went cold.

The bill signed into law in May requires the car owner to cooperate with authorities or they can be charged in the accident -- held as responsible as if they were behind the wheel.

"This is the way the process is supposed to work. Everyone has good ideas, everyone has things they want to get accomplished," Lt. Holdorf said.


346.67 Duty upon striking person or attended or occupied vehicle.

(1) The operator of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the operator has fulfilled the following requirements:

(a) The operator shall give his or her name, address and the registration number of the vehicle he or she is driving to the person struck or to the operator or occupant of or person attending any vehicle collided with; and

(b) The operator shall, upon request and if available, exhibit his or her operator’s license to the person struck or to the operator or occupant of or person attending any vehicle collided with; and

(c) The operator shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

(2) Any stop required under sub. (1) shall be made without obstructing traffic more than is necessary.

346.74 Penalty for violating sections 346.67 to 346.73.

(1) Any person violating s. 346.72 may be required to forfeit not less than $20 nor more than $40 for the first offense and may be required to forfeit not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

(2) Any person violating s. 346.70 (1), (2) or (3), 346.71 or 346.73 may be required to forfeit not less than $40 nor more than $200 for the first offense and may be required to forfeit not less than $100 nor more than $500 for the 2nd or subsequent conviction within a year.

(3) Any person violating s. 346.68 or 346.69 may be required to forfeit not more than $200.

(4) Any person violating s. 346.70 (5) may be required to forfeit not less than $25 nor more than $50.

(5) Any person violating any provision of s. 346.67 (1): (a) Shall be fined not less than $300 nor more than $1,000 or imprisoned not more than 6 months or both if the accident did not involve death or injury to a person.

(b) May be fined not more than $10,000 or imprisoned for not more than 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

(c) Is guilty of a Class E felony if the accident involved injury to a person and the person suffered great bodily harm.

(d) Is guilty of a Class D felony if the accident involved death to a person.

(e) Is guilty of a felony if the accident involved death or injury to a person.

History: 1971 c. 278; 1973 c. 218; 1981 c. 20, 70; 1997 a. 258, 283; 2001 a. 109; 2003 a. 74.

939.50 Classification of felonies.

(1) Felonies in the statutes are classified as follows:

(a) Class A felony.

(b) Class B felony.

(c) Class C felony.

(d) Class D felony.

(e) Class E felony.

(f) Class F felony.

(g) Class G felony.

(h) Class H felony.

(i) Class I felony.

(2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes.

(3) Penalties for felonies are as follows:

(a) For a Class A felony, life imprisonment.

(b) For a Class B felony, imprisonment not to exceed 60 years.

(c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both.

(d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.

(e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both.

(f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both.

(g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both.

(h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

(i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

History: 1977 c. 173; 1981 c. 280; 1987 a. 332 s. 64; 1993 a. 194; 1995 a. 69; 1997 a. 283; 1999 a. 188; 2001 a. 109.

939.74 Time limitations on prosecutions.

(1) Except as provided in subs. (2) and (2d) and s. 946.88 (1), prosecution for a felony must be commenced within 6 years and prosecution for a misdemeanor or for adultery within 3 years after the commission thereof. Within the meaning of this section, a prosecution has commenced when a warrant or summons is issued, an indictment is found, or an information is filed.

(2) Notwithstanding that the time limitation under sub. (1) has expired:

(a) A prosecution under s. 940.01, 940.02, 940.03, or 940.05 may be commenced at any time.(am) A prosecution under s. 940.06 may be commenced within 15 years after the commission of the violation.

(b) A prosecution for theft against one who obtained possession of the property lawfully and subsequently misappropriated it may be commenced within one year after discovery of the loss by the aggrieved party, but in no case shall this provision extend the time limitation in sub. (1) by more than 5 years.

(c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d) (c). (cm) A prosecution for violation of s. 948.03 (2) (b) or (c), (3) or (4), 948.04 or 948.07 (5) or (6) shall be commenced before the victim reaches the age of 26 years or be barred.

(2d) (a) In this subsection, “deoxyribonucleic acid profile” means an individual’s patterned chemical structure of genetic information identified by analyzing biological material that contains the individual’s deoxyribonucleic acid.

(b) If before the time limitation under sub. (1) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 940.225 (1) or (2), the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 940.225 (1) or (2) within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.

(c) If before the time limitation under sub. (2) (c) expired, the state collected biological material that is evidence of the identity of the person who committed a violation of s. 948.02 (1) or (2) or 948.025, the state identified a deoxyribonucleic acid profile from the biological material, and comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known personsdid not result in a probable identification of the person who is the source of the biological material, the state may commence prosecution of the person who is the source of the biological material for violation of s. 948.02 (1) or (2) or 948.025 within 12 months after comparison of the deoxyribonucleic acid profile relating to the violation results in a probable identification of the person.

(3) In computing the time limited by this section, the time during which the actor was not publicly a resident within this state or during which a prosecution against the actor for the same act was pending shall not be included. A prosecution is pending when a warrant or a summons has been issued, an indictment has been found, or an information has been filed.

(4) In computing the time limited by this section, the time during which an alleged victim under s. 940.22 (2) is unable to seek the issuance of a complaint under s. 968.02 due to the effects of the sexual contact or due to any threats, instructions or statements from the therapist shall not be included.

Source

2003 - Unknown Source

Wisconsin Gov. Jim Doyle signed a bill into law Nov. 12 increasing penalties for drivers who leave the scene of an accident involving deaths or injuries.

Doyle told reporters it was unacceptable that those leaving the scene of an accident faced lesser penalties than if they had stayed and rendered what could be lifesaving aid.

“With these harsher penalties, it is my hope that we will be able to encourage individuals to stay at the scene of an accident, assist the injured and take responsibility for their actions,” Doyle said.

Under the previous hit-and-run law, penalties varied for drivers who fled the scene of an accident, depending on whether a person was injured in the accident and on the severity of injuries, Milwaukee’s WDJT TV reported recently.

Fleeing the scene of an injury accident carried a fine up to $10,000 and a prison term of 42 months. A person who failed to remain at the scene of an accident resulting in a person’s death could be fined up to $10,000 and spend up to six years in prison.

AB375 increases the penalties for someone who fails to remain at the scene of an injury accident to no more than $50,000 and 15 years behind bars. A person failing to remain at the scene of a deadly accident could face fines up to $100,000 and 25 years in prison



Disclaimer

This page is added for reference only. Laws may have been changed since and information shown may be incomplete or erroneous. Use of this information is at users risk and only an accredited attorney can advise you of the exact law in each state. This page deals with state leaving the scene laws only and hit and run drivers may face other charges.


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