Section 345.23. Officer's action after arrest without a warrant.  


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  • If a person is arrested without a warrant for the violation of a traffic regulation, the arresting officer shall issue a citation under s. 345.11 , and in addition:
    (1)  May release the person; or
    (2)  Shall release the person when he or she:
    (a) Makes a deposit under s. 345.26 ; or
    (c) Deposits the person's valid Wisconsin operator's license with the officer. If the license is deposited with the officer, the officer shall issue to the licensee a receipt which shall be valid as a driver's license through the date specified on the receipt, which shall be the same as the court appearance date, and the officer shall, at the earliest possible time prior to the court appearance date, deposit the license with the court.
    (d) Presents a guaranteed arrest bond certificate under s. 345.61 .
    (3)  Shall, if the alleged violator is not released under sub. (1) or (2) , bring him or her without unreasonable delay before a judge or, for ordinance violations, before a municipal judge in the county in which the violation was alleged to have been committed.
    (4)  Shall, if the alleged violator is released under sub. (1) or (2) , specify on the citation a return date which may not be more than 90 days after the issue date.