The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d)
The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under s. 343.307 (2)
Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
Any person who violates sub. (1) (c)
shall forfeit $2,500 for the first offense and $5,000 for the 2nd or subsequent offense within 10 years.
Any person who violates sub. (1) (d)
shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both.
In addition to other penalties for violation of this section, if a person violates this section while his or her operating privilege is revoked as provided in ch. 351
, the penalties may be enhanced by imprisonment and additional fines as provided in s. 351.08
. For the purpose of enforcing this paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's 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.
The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34
, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.
(2p) Sentencing option.
The legislature intends that courts use the sentencing option under s. 973.03 (4)
whenever appropriate for persons subject to sub. (2)
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:
(2r) Prior convictions.
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)
shall be counted. Convictions of s. 343.44 (1)
, 1997 stats., other than for operating a commercial motor vehicle while ordered out-of-service shall be counted under this section as prior convictions.
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) (c)
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.
(3) Failure to receive notice.
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.
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.
(4r) Violation of out-of-service order.
In addition to other penalties for violation of this section, if a person has violated this section after the person or the commercial motor vehicle operated by the person was ordered out-of-service under the law of this state or another jurisdiction or under federal law, the violation shall result in disqualification under s. 343.315 (2) (h)
(5) Vehicle impoundment; lessors and secured creditors.
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.
History: 1971 c. 164
; 1971 c. 280
; 1973 c. 90
; 1977 c. 29
s. 1654 (7) (a)
; 1977 c. 165
; 1979 c. 221
; 1981 c. 20
; 1983 a. 535
; 1989 a. 12
; 1991 a. 39
; 1995 a. 113
; 1997 a. 84
; 1999 a. 9
; 2003 a. 33
; 2005 a. 25
; 2009 a. 28
; 2011 a. 32
; 2013 a. 165
A certified copy of the department order revoking the defendant's driver license was admissible under s. 889.18 (2). State v. Mullis, 81 Wis. 2d 454
, 260 N.W.2d 696
The time between the violations underlying convictions, not the time between convictions, determines whether penalty enhancers apply. State v. Walczak, 157 Wis. 2d 661
, 460 N.W.2d 797
(Ct. App. 1990).
The general requirements for establishing prior criminal offenses in s. 973.12 are not applicable to the penalty enhancement provisions for offenses under sub. (2). The convictions must be established by defendant's admission, copies of prior judgments, or a teletype of the DOT driving record. State v. Spaeth, 206 Wis. 2d 135
, 556 N.W.2d 728
A circuit court may not determine the validity of a prior conviction during an enhanced sentencing proceeding predicated on the prior conviction unless the offender alleges that a violation of the right to a lawyer occurred in the prior conviction. The offender may use whatever means are available to challenge the other conviction in another forum, and if successful, seek to reopen the enhanced sentence. State v. Hahn, 2000 WI 118
, 238 Wis. 2d 889
, 618 N.W.2d 528
A person has a privilege, but not a right, to drive a motor vehicle upon a public highway. To exercise that privilege, the person must satisfy the licensing requirements of the state. Failing that, the person may be properly prosecuted and convicted of operating after suspension of his or her operating privileges. County of Fond du Lac v. Kevin C. Derksen, 2002 WI App 160
, 256 Wis. 2d 490
, 647 N.W.2d 922
A defendant may collaterally attack a prior conviction in an enhanced sentence proceeding on the ground that he or she was denied the constitutional right to counsel in the earlier case. The U. S. Supreme Court recognized that the information a defendant must possess to execute a valid waiver of counsel depends on a range of case-specific factors, including the defendant's education or sophistication. The Supreme Court's reference to a defendant's “education or sophistication" suggests that a court may take the defendant's cognitive limitations into account when determining the validity of his or her waiver. State v. Bohlinger, 2013 WI App 39
, 346 Wis. 2d 549
, 828 N.W.2d 900
Sub. (2) (ar) 4. makes clear that a person knowingly operating a vehicle while revoked faces the penalties applicable for a Class H felony if, in the course of the violation, he or she causes the death of another. That a prosecutor could charge a person with a misdemeanor instead of a felony for the same offense does not mean the prohibited conduct is unclear or that the public is not on notice that such an offense may well result in a felony conviction. State v. Villamil, 2016 WI App 61
, 371 Wis. 2d 519
, 885 N.W.2d 381
The requirement in sub. (2) (b) that in “imposing sentence under par. (ar) or (br), the court shall . . . consider” the specifically identified factors requires that the record of the sentencing hearing must demonstrate that the court actually considered those factors. State v. Villamil, 2016 WI App 61
, 371 Wis. 2d 519
, 885 N.W.2d 381
Section 351.08 authorizes enhancements to penalties under this section; it does not create a separate substantive offense. 75 Atty. Gen. 106
Permitting unauthorized person to drive. 343.45(1)(1)
No person shall cause or knowingly permit the person's child or ward under 18 years of age to operate a motor vehicle upon any highway in violation of this chapter or when such minor is not authorized under this chapter to operate a motor vehicle.
No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be operated upon any highway in violation of this chapter or by a person who is not authorized under this chapter to operate a motor vehicle. No dealer as defined in s. 340.01 (11) (intro.)
but including the persons specified in s. 340.01 (11) (a)
, shall permit any person to operate any motor vehicle owned by the dealer or in the dealer's possession or control on a trial run unless the dealer has been shown the person's valid operator's license, issued by this state or other jurisdiction, before permitting the trial run.
Except as another penalty is provided by s. 343.245 (4) (b)
, any person violating this section may be required to forfeit not more than $100.
History: 1971 c. 278
; 1989 a. 105
A parent's unrestricted entrustment of a motorcycle to minor child in violation of this section constituted negligence per se. Kempf v. Boehrig, 95 Wis. 2d 435
, 290 N.W.2d 563
(Ct. App. 1980).
Duty of persons renting vehicles to another. 343.46(1)(1)
No person shall rent a motor vehicle, trailer or semitrailer to another unless the person who is to operate such rented vehicle is duly licensed under this chapter or, in the case of a nonresident, is duly licensed under the laws of the jurisdiction of the nonresident's residence.
No person shall rent a motor vehicle, trailer or semitrailer to another until that person has inspected the license of the person who is to operate the vehicle and has compared and verified the signature thereon with the signature of such person written in his or her presence.
Every person renting a motor vehicle, trailer or semitrailer to another shall keep a record of the registration number of the motor vehicle so rented or, in the case of a trailer or semitrailer, the registration number of the motor vehicle to which such trailer or semitrailer is to be attached, the name and address of the person who is to operate such rented vehicle, the number of the license of such person and the date when and place where such license was issued. Such record shall be open to inspection by any traffic officer or employee of the department.
Any person violating this section may be required to forfeit not more than $100.
Identification cards. 343.50(1)(a)(a)
Subject to par. (b)
and s. 343.165
, the department shall issue to every qualified applicant, who has paid all required fees, an identification card as provided in this section.
The department may not issue an identification card to a person previously issued an operator's license in another jurisdiction unless the person surrenders to the department any valid operator's license possessed by the person issued by another jurisdiction, which surrender operates as a cancellation of the license insofar as the person's privilege to operate a motor vehicle in this state is concerned. Within 30 days following issuance of the identification card under this section, the department shall destroy any operator's license surrendered under this paragraph and report to the jurisdiction that issued the surrendered operator's license that the license has been destroyed and the person has been issued an identification card in this state.
The department may issue a receipt to any applicant for an identification card, which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7)
, the receipt shall include the marking specified in sub. (3) (b)
(2) Who may apply.
Any resident of this state who does not possess a valid operator's license issued under this chapter may apply to the department for an identification card pursuant to this section. The card is not a license for purposes of this chapter and is to be used for identification purposes only.
The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words “IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3)
. If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4.
, the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t)
and the holder may affix a sticker thereto as provided in s. 343.175 (3)
. The card may also serve as a record of refusal under s. 157.06 (2) (u)
. Except as provided in sub. (4g)
, the card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.
If an identification card is issued based upon the exception specified in s. 343.165 (7)
, the card shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14.
and include a marking similar or identical to the marking described in s. 343.03 (3r)
The application for an identification card shall include any information required under ss. 85.103 (2)
and 343.14 (2) (a)
, and (j)
, and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. Except with respect to renewals described in s. 343.165 (4) (d)
or renewals by mail or electronic means as authorized under sub. (6)
, and except as provided in sub. (4g)
, the department shall, as part of the application process for original issuance or renewal of an identification card, take a digital photograph including facial image capture of the applicant to comply with sub. (3)
. Misrepresentations in violation of s. 343.14 (5)
are punishable as provided in s. 343.14 (9)
(4g) Photograph requirement; exception.
If the application for an identification card is processed under the exception specified in s. 343.165 (7)
, the application may be processed and the identification card issued or renewed without a photograph being taken of the applicant if the applicant provides to the department an affidavit stating that the applicant has a sincerely held religious belief against being photographed; identifying the religion to which he or she belongs or the tenets of which he or she adheres to; and stating that the tenets of the religion prohibit him or her from being photographed.
As part of every application for an identification card, the department shall inquire whether the applicant desires to be an organ donor. The department shall record the organ donor response in its file of the person. If a procurement organization, as defined in s. 157.06 (2) (p)
, reasonably identifies a person and requests the information recorded in the person's file under this paragraph, the department shall promptly provide this information to the procurement organization.
In addition to the inquiry under par. (a)
, if the applicant is at least 15 and one-half years of age, the department shall orally state to the applicant that he or she has the opportunity to indicate his or her willingness to be an organ donor. If the applicant indicates that he or she is undecided in response to the inquiry under par. (a)
, the department shall provide the applicant with written information that all organ procurement organizations and the department have together developed. If the applicant makes an affirmative response to the inquiry under par. (a)
, the department shall request at that time that the applicant write on the identification card the information that is required to make an anatomical gift under s. 157.06 (5)
and affix a sticker thereto as provided in s. 343.175 (3)
Except as provided in subds. 2.
, the fee for an original card, for renewal of a card, and for the reinstatement of an identification card after cancellation under sub. (10)
shall be $18.
The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
The department has canceled the applicant's valid operator's license after a special examination under s. 343.16 (5)
and, at the time of cancellation, the expiration date for the canceled license was not less than 6 months after the date of cancellation.
The department has accepted the applicant's voluntary surrender of a valid operator's license under s. 343.265 (1)
and, at the time the department accepted surrender, the expiration date for the surrendered license was not less than 6 months after the date that the department accepted surrender.
The department may not charge a fee to an applicant for the initial issuance, renewal, or reinstatement of an identification card if the applicant is a U.S. citizen who will be at least 18 years of age on the date of the next election and the applicant requests that the identification card be provided without charge for purposes of voting.
Except as provided in pars. (c)
and s. 343.165 (4) (c)
, an original or reinstated card shall be valid for the succeeding period of 8 years from the applicant's next birthday after the date of issuance, and a renewed card shall be valid for the succeeding period of 8 years from the card's last expiration date.
Except as provided in s. 343.165 (4) (c)
and as otherwise provided in this paragraph, an identification card that is issued to a person who is not a United States citizen and who provides documentary proof of legal status as provided under s. 343.14 (2) (es)
shall expire on the date that the person's legal presence in the United States is no longer authorized or on the expiration date determined under par. (b)
, whichever date is earlier. If the documentary proof as provided under s. 343.14 (2) (es)
does not state the date that the person's legal presence in the United States is no longer authorized, then the card shall be valid for the period specified in par. (b)
except that, if the card was issued or renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4.
, the card shall, subject to s. 343.165 (4) (c)
, expire one year after the date of issuance or renewal.
Except as provided in par. (c)
, an identification card that is issued to a person who is 65 years of age or older at the time of issuance may be non-expiring. A non-expiring card under this paragraph shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14.
and include a marking similar or identical to the marking described in s. 343.03 (3r)
(5m) Card issuance fee.
In addition to any other fee under this section, for the issuance of an original identification card or duplicate identification card or for the renewal or reinstatement of an identification card after cancellation under sub. (10)
, a card issuance fee of $10 shall be paid to the department. The fee under this subsection does not apply to an applicant if the department may not charge the applicant a fee under sub. (5) (a) 2.
(6) Renewal notice.
At least 30 days prior to the expiration of an identification card, the department shall provide to the card holder notice of renewal of the card either by mail at the card holder's last-known address or, if desired by the card holder, by any electronic means offered by the department. If the card was issued or last renewed based upon the person's presenting of any documentary proof specified in s. 343.14 (2) (es) 4.
, the notice shall inform the card holder of the requirement under s. 343.165 (4) (c)
. The department shall include with the notice information, as developed by all organ procurement organizations in cooperation with the department, that promotes anatomical donations and which relates to the anatomical donation opportunity available under s. 343.175
. The department may renew an identification card by mail or by any electronic means available to the department, but the department may not make consecutive renewals by mail or electronic means.
The fee for a duplicate card is $6 except that, if the card holder satisfies the requirements for an applicant specified in sub. (5) (a) 3.
, there is no fee for a duplicate card.
The department shall maintain current records of all identification card holders under this section in the same manner as required under s. 343.23
for operator's licenses. For each identification card applicant, the record shall include any application for an identification card received by the department, any reinstatement or cancellation of an identification card by the department, the information in all data fields printed on any identification card issued to the applicant, a record of the date on which any verification specified in s. 343.165 (1)
was completed, and all documents required to be maintained under s. 343.165 (2) (a)
. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a)
for at least 10 years. Records under this paragraph shall be maintained in an electronic and transferable format accessible for the purpose specified in par. (c) 1.
The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in sub. (4m) (a)
, the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under s. 343.237
, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m)
by the department of children and families or a county child support agency under s. 59.53 (5)
Notwithstanding par. (b)
and ss. 343.027
, 343.14 (2j)
, and 343.237 (2)
, the department shall, upon request, provide to the driver licensing agencies of other jurisdictions any record maintained by the department of transportation under this subsection, including providing electronic access to any such record.
Notwithstanding par. (b)
and s. 343.14 (2j)
, the department may, upon request, provide to the department of health services any applicant information maintained by the department of transportation and identified in s. 343.14 (2)
, including providing electronic access to the information, for the sole purpose of verification by the department of health services of birth certificate information.
Notwithstanding par. (b)
and s. 343.14 (2j)
, the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in s. 343.14 (2)
, including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of s. 71.78
The department shall cancel an identification card under any of the following circumstances:
Whenever the department determines that the card was issued upon an application which contains a false statement as to any material matter.
Whenever the department determines that an identification card has been altered and returned for cancellation under s. 343.43 (2)
Whenever the department receives information from a local, state, or federal government agency that the card holder no longer satisfies the requirements for issuance of a card under ss. 343.14 (2) (es)
and 343.165 (1) (e)
. A card cancelled under this paragraph may not be reinstated under sub. (5)
until these requirements are again satisfied.
(11) Surrender of card upon cancellation.
The department may order any person whose identification card has been canceled to surrender the card to the department. The department may take possession of any identification card required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.
Represent as valid any canceled, fictitious or fraudulently altered identification card;
Sell or lend his or her identification card to any other person or knowingly permit the use thereof by another;
Represent as one's own, any identification card not issued to him or her;
Permit any unlawful use of an identification card issued to him or her;
Reproduce by any means whatever an identification card; or