343.38(4)(d) (d) Any required examination has been passed.
343.38(4)(e) (e) The fees required for the issuance of an original license have been paid.
343.38(5) (5)Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction.
343.39 343.39 When operating privilege automatically reinstated.
343.39(1)(1) An operating privilege is automatically reinstated under any of the following circumstances:
343.39(1)(a) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated and the reinstatement fee specified in s. 343.21 (1) (j) has been paid to the department.
Effective date note NOTE: Par. (a) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by 1997 Wis. Act 84 to read:
Effective date text (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the reinstatement fee specified in s. 343.21 (1) (j) has been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.
343.39(1)(b) (b) When, in the case of a revocation or suspension based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation or suspension only when considered in connection with the person's previous operating record.
343.39(1)(c) (c) Whenever any other provision of law provides for automatic reinstatement.
343.39(2) (2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege.
343.39(3) (3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction.
343.39 Annotation Reinstatement under (1) (b) is not retroactive to date of conviction. State v. Orethun, 84 W (2d) 487, 267 NW (2d) 318 (1978).
343.40 343.40 Judicial review of suspension, revocation, cancellation or denial of license. The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.
343.40 History History: 1977 c. 43, 187.
UNLAWFUL PRACTICES RELATIVE TO LICENSES
343.43 343.43 Unlawful use of license.
343.43(1) (1) No person shall:
343.43(1)(a) (a) Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
343.43(1)(b) (b) Sell or lend that person's license to any other person or knowingly permit the use thereof by another; or
343.43(1)(c) (c) Represent as one's own any license not issued to that person; or
343.43(1)(d) (d) Violate any of the restrictions placed on that person's license by or pursuant to law; or
343.43(1)(e) (e) Permit any unlawful use of a license issued to that person; or
343.43(1)(f) (f) Reproduce by any means whatever a copy of a license; or
343.43(1)(g) (g) Deface or alter a license except to endorse a change of address authorized by s. 343.22 (1) or (2).
343.43(2) (2) Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly indorsed on the license under s. 343.22 shall not of itself be reason to consider the license altered.
343.43(3) (3) Except as provided in sub. (3m), any person who violates sub. (1) shall be:
343.43(3)(a) (a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such violation.
343.43(3)(b) (b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.43(3)(c) (c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
343.43(3m) (3m) Any person who violates sub. (1) (d) while operating a "Class D" or "Class M" vehicle as described in s. 343.04 (1) (d) and (e), except a school bus, may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section shall count as a previous offense.
343.43 Annotation Conviction of representing as valid a fraudulently altered driver's license reversed where the license was shown to a traffic officer on request and it appeared defendant had altered his birth date so as to be able to go into a bar. State v. Scholwin, 57 W (2d) 764.
343.435 343.435 License not to be used as security.
343.435(1) (1) No person may require or accept an operator's license, chauffeur's license, occupational license, instructional permit or any other license or permit issued under this chapter as security.
343.435(2) (2) Any person violating this section may be required to forfeit not less than $20 nor more than $100.
343.435(3) (3) This section does not apply to the action by a state, county, city, village or town of requiring or accepting a license or permit when such action is authorized by some other provision of law.
343.435 History History: 1983 a. 355.
343.44 343.44 Driving while disqualified or ordered out-of-service or after license revoked or suspended.
343.44(1)(1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state, including an occupational license, or the person's operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law. No person may operate a commercial motor vehicle while disqualified as provided in s. 343.315.
343.44(2) (2) Except as provided in subs. (2g) and (2m), any person violating this section is subject to the following penalties:
343.44(2)(a) (a) For the first conviction under this section or a local ordinance in conformity with this section within a 5-year period the person may be required to forfeit not more than $600, except that, if the person's operating privilege was revoked under ch. 351 at the time of the offense, the penalty may be a fine of not more than $600.
343.44(2)(b)1.1. Except as provided in subd. 2., for a 2nd conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $1,000 and shall be imprisoned for not more than 6 months.
343.44(2)(b)2. 2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating sub. (1), the person may be required to forfeit not more than $1,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(c)1.1. Except as provided in subd. 2., for a 3rd conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,000 and may be imprisoned for not more than 9 months.
343.44(2)(c)2. 2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating sub. (1), the person may be required to forfeit not more than $2,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(d)1.1. Except as provided in subd. 2., for a 4th conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,000 and may be imprisoned for not more than one year in the county jail.
343.44(2)(d)2. 2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating sub. (1), the person may be required to forfeit not more than $2,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(e)1.1. Except as provided in subd. 2., for a 5th or subsequent conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,500 and may be imprisoned for not more than one year in the county jail.
343.44(2)(e)2. 2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating sub. (1), the person may be required to forfeit not more than $2,500. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2g) (2g) Except as provided in sub. (2m), any person who violates sub. (1) while his or her operating privilege is suspended or revoked for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (2) or (6), 940.09 (1) or 940.25, is subject to the following penalties:
343.44(2g)(a) (a) For the first conviction under this section or a local ordinance in conformity with this section within a 5-year period the person shall forfeit not less than $150 nor more than $600, except that, if the person's operating privilege was revoked under ch. 351 at the time of the offense, the penalty shall be a fine of not less than $150 nor more than $600.
343.44(2g)(b) (b) For a 2nd conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.
343.44(2g)(c) (c) For a 3rd conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $1,000 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than 9 months.
343.44(2g)(d) (d) For a 4th conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $1,500 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.
343.44(2g)(e) (e) For a 5th or subsequent conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $2,000 nor more than $2,500 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.
343.44(2m) (2m) Any person violating this section while operating a commercial motor vehicle shall:
343.44(2m)(a) (a) For the first conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $300 nor more than $1,000 and imprisoned for not less than 6 days nor more than 10 days.
343.44(2m)(b) (b) For a 2nd conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $1,000 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than 9 months.
343.44(2m)(c) (c) For a 3rd or subsequent conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $1,500 nor more than $5,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.
343.44(2p) (2p) The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) or (2m) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:
343.44(2p)(a) (a) Improperly refusing to take a test under s. 343.305.
343.44(2p)(b) (b) Violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
343.44(2p)(c) (c) Violating s. 346.63 (2) or (6), 940.09 (1) or 940.25.
343.44(2r) (2r) For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) or (2m) shall be counted. The vehicle operated at the time of the offense shall determine whether the penalties of sub. (2) or (2m) apply.
343.44(2s) (2s) Within 30 days after receipt by the department of a report from a law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for a violation of sub. (1) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
343.44(3) (3) Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
343.44(4) (4) In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
343.44(4m) (4m) In addition to other penalties for violation of this section, if a person has violated this section after his or her operating privilege was revoked as provided in ch. 351, the penalties shall be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this subsection, in any case in which the accused is charged with operating a motor vehicle while his or her license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
343.44(4r) (4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
343.44(5) (5) If a motor vehicle impounded under sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
Effective date note NOTE: Section 343.44 is affected eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by 1997 Wis. Act 84 to read:
Effective date text 343.44 Operating while suspended, revoked, ordered out-of-service or disqualified. (1) Operating offenses. (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text (c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.
Effective date text (d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.
Effective date text (1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.
Effective date text (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.
Effective date text (am) Any person who violates sub. (1) (b) before May 1, 1999, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.
Effective date text (b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:
Effective date text 1. The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d).
Effective date text 2. The class of vehicle operated by the person.
Effective date text 3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?