Section 23.67. Deposit and stipulation of no contest.

 

(1)  If pursuant to the procedure of s. 23.62 a person is cited or arrested, such person may make a deposit and stipulation of no contest, and submit them in the same manner as the deposit in s. 23.66 .

(2)  The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , not to exceed the amount of the deposit.

(3)  The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 , not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66 .

(4)  If the court does not accept the deposit and stipulation of no contest, a summons shall be issued. If the defendant fails to respond to the summons, an arrest warrant shall be issued.

(5)  The defendant may, within 10 days after signing the stipulation or at the time of the court appearance date, move the court for relief from the effects of the stipulation, pursuant to s. 23.75 (3) (c) .

1975 c. 365 ; 1977 c. 29 ; 1979 c. 34 ; 1981 c. 317 ; 1985 a. 36 ; 1987 a. 27 , 399 ; 1991 a. 39 ; 1997 a. 27 ; 2003 a. 139 .