350.104(3)(b)
(b)
Optional test. If a person is arrested for a violation of the intoxicated snowmobiling law and if the person is not requested to provide a sample or to submit to a test under
sub. (1) (a), the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under
sub. (2) (b) or the additional chemical test under
sub. (2) (c).
350.104(3)(c)
(c)
Compliance with request. A test facility shall comply with a request under this subsection to administer any chemical test it is able to perform.
350.104(3)(d)
(d)
Inability to obtain chemical test. The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under
subs. (1) and
(2).
350.104(4)
(4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under
sub. (1),
(2) or
(3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated snowmobiling law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels. Results of these chemical tests shall be given the effect required under
s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
350.104(5)
(5) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood or urine or to submit to one or more chemical tests under
sub. (1). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning violation of
sub. (1) or this subsection are limited to:
350.104(5)(a)
(a) Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated snowmobiling law.
350.104(5)(b)
(b) Whether the person was lawfully placed under arrest for violating the intoxicated snowmobiling law.
350.104(5)(c)
(c) Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under
sub. (1) (b) or whether the request and information was unnecessary under
sub. (1) (c).
350.104(5)(d)
(d) Whether the person refused to provide a sample or to submit to a chemical test.
350.106
350.106
Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated snowmobiling law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
350.106 History
History: 1987 a. 399.
350.107
350.107
Officer's action after arrest for operating a snowmobile while under influence of intoxicant. A person arrested for a violation of
s. 350.101 (1) (a) or
(b) or a local ordinance in conformity therewith or
s. 350.101 (2) (a) or
(b) may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under
s. 350.104 (1) (a) shows that the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
350.107 History
History: 1987 a. 399;
1995 a. 436.
350.108
350.108
Public education program. 350.108(1)
(1) The department shall promulgate rules to provide for a public education program to:
350.108(1)(a)
(a) Inform snowmobile operators of the prohibitions and penalties included in the intoxicated snowmobiling law. The snowmobile recreational council may assist the department in developing the public education program.
350.108(1)(b)
(b) Provide for the development of signs briefly explaining the intoxicated snowmobiling law.
350.108(2)
(2) The department shall develop and issue an educational pamphlet on the intoxicated snowmobiling law to be distributed, beginning in 1989, to persons issued snowmobile registration certificates under
s. 350.12 or
350.122.
350.108 History
History: 1987 a. 399;
1997 a. 27.
350.11(1)(a)(a) Except as provided in
par. (b) and
subs. (2g),
(2m) and
(3), any person who violates any provision of this chapter shall forfeit not more than $250.
350.11(1)(b)
(b) Except as provided in
subs. (2g),
(2m) and
(3), any person who violates any provision of this chapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter shall forfeit not more than $500.
350.11(2m)
(2m) Any person who violates
s. 350.135 (1) shall be fined not more than $10,000 or imprisoned for not more than 3 years or both if the violation causes the death or injury, as defined in
s. 30.67 (3) (b), of another person.
350.11(3)(a)(a) Penalties related to prohibited operation of a snowmobile; intoxicants; refusal. 350.11(3)(a)2.
2. Except as provided under
subd. 3., a person who violates
s. 350.101 (1) (a) or
(b) or
350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated snowmobiling law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
350.11(3)(a)3.
3. A person who violates
s. 350.101 (1) (a) or
(b) or
350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated snowmobiling law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
350.11(3)(b)
(b)
Penalties related to failure to stop; and for causing injury while under influence of intoxicants. A person who violates
s. 350.101 (2) or
350.17 (2) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.
350.11(3)(bm)
(bm)
Sentence of detention. The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
par. (a) 2. or
3. or
(b). The use of this option can result in significant cost savings for the state and local governments.
350.11(3)(c)
(c)
Calculation of previous convictions. In determining the number of previous convictions under
par. (a) 2. and
3., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
350.11(3)(cm)
(cm)
Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated snowmobiling law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
350.11(3)(d)
(d) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates
s. 350.101 (1) or
(2) or
350.104 (5) or who violates
s. 940.09 or
940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with
s. 343.30 (1q) (c) 1. a. to
c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under
ch. 785.
350.11(4)
(4) In addition to the penalties under this section, the court may order the defendant to restore or replace any uniform snowmobile trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
350.11 Cross-reference
Cross-reference: See s.
23.50 concerning enforcement procedures.
350.115
350.115
Snowmobile registration restitution payments. 350.115(1)(1)
Levy of snowmobile registration restitution payment. 350.115(1)(a)(a) If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment equal to the amount of the fee that was required and should have been obtained.
350.115(1)(b)
(b) If a forfeiture is suspended in whole or in part, the snowmobile registration restitution payment shall be reduced in proportion to the suspension unless the court directs otherwise.
350.115(1)(c)
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment shall be transmitted to the state treasurer under
par. (d). If the deposit is returned, the snowmobile registration restitution payment shall also be returned.
350.115(1)(d)
(d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment and other amounts required under
s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in
s. 59.25 (3) (f) 2.
350.115(2)
(2) Use of snowmobile registration restitution payment funds. All moneys collected from snowmobile registration restitution payments shall be deposited in the conservation fund.
350.115 History
History: 1991 a. 39;
1995 a. 201.
350.12
350.12
Registration of snowmobiles; trail use stickers. 350.12(1)(1)
Registration requirement. After January 1, 1970, no person shall operate, and no owner shall give permission for the operation of any snowmobile within this state unless the operation of the snowmobile complies with
sub. (3) (a) (intro.) or
(5) (cm) or is exempt from registration. No political subdivision shall have authority to register or license snowmobiles.
350.12(2)
(2) Exemption. A snowmobile is exempt from registration if it is one of the following:
350.12(2)(a)
(a) Owned by the United States, another state or a political subdivision thereof, but such snowmobiles shall display the name of the owner on the cowling thereof.
350.12(2)(b)
(b) Covered by a valid registration in another state, province or country, provided there is some identification of registration displayed on the snowmobile and it has not been in this state for more than 15 consecutive days.
350.12(2)(bm)
(bm) Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
350.12(2)(bm)1.
1. The registration program of the tribe or band is covered by an agreement under
s. 23.35.
350.12(2)(bm)2.
2. The snowmobile displays the registration decal required by the tribe or band.
350.12(2)(bm)3.
3. The snowmobile has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
350.12(2)(bn)
(bn) In the registration application process in another state, province or country, if proof of the application for registration is carried on the operator and the snowmobile has not been in this state for more than 15 consecutive days.
350.12(2)(c)
(c) Used exclusively for racing on a raceway facility.
350.12(3)
(3) Applications, issuances, renewals, fees. 350.12(3)(a)(a) Except as provided under
subs. (2) and
(5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or
s. 350.122 or as an antique under
par. (b) and has the registration decals displayed as required under
sub. (5) or
s. 350.122 or unless the snowmobile has a reflectorized plate attached as required under
par. (c) 3. A snowmobile that is not registered as an antique under
par. (b) may be registered for public use. A snowmobile that is not registered as an antique under
par. (b) and that is used exclusively on private property, as defined under
s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning the July 1 prior to the date of application if registration is made prior to April 1 and beginning the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $20 except the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.
350.12(3)(a)2.
2. Upon transfer of ownership of a snowmobile for which a registration certificate has been issued, the seller shall, at time of sale, deliver the assigned certificate to the purchaser.
350.12(3)(a)3.
3. The purchaser shall complete the application for transfer and cause it to be mailed or delivered to the department within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.
350.12(3)(a)4.
4. Whenever a snowmobile is junked, the owner shall return the certificate of registration to the department marked "junked".
350.12(3)(b)
(b) Any person who is a resident of this state and the owner of a snowmobile which has a model year of 1966 or earlier may, upon application, register the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the applicant shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under
par. (d). The design shall show that the snowmobile is an antique. The registration shall be valid without payment of any additional registration fee while the snowmobile is owned by the applicant. Unless inconsistent with this paragraph, the provisions of this chapter applicable to other snowmobiles shall apply to antique snowmobiles.
350.12(3)(c)1.1. Every person who is a snowmobile manufacturer, snowmobile dealer, snowmobile distributor or snowmobile renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial snowmobile certificate.
350.12(3)(c)2.
2. The fee for issuing or renewing a commercial snowmobile certificate is $60. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial snowmobile certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $20 per plate.
350.12(3)(c)3.
3. A person who is required to obtain a commercial snowmobile certificate under
subd. 1. shall attach in a clearly visible place a reflectorized plate to any snowmobile that is not registered for public use and that the person leases, rents, offers for sale or otherwise allows to be used whenever the snowmobile is being operated.
350.12(3)(c)4.
4. The period of validity for a commercial snowmobile certificate is 2 years, to be calculated in the same manner as is the period of validity for a public-use registration certificate under
par. (a).
350.12(3)(d)
(d) Upon receipt of the required fee, a sales tax report, payment of sales and use taxes due under
s. 77.61 (1) and an application on forms prescribed by it, the department shall issue to the applicant a registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary. The department shall issue 2 registration decals per snowmobile owned by an individual owner, this state or a political subdivision of this state. The decals shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under
par. (a), or as an antique under
par. (b), and shall show the expiration date of the registration.
350.12(3)(e)
(e) If a commercial snowmobile certificate, registration certificate, registration decal or reflectorized plate is lost or destroyed, the holder of the certificate, decal or plate may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department shall issue a duplicate certificate, decal or plate to the applicant.
350.12(3g)
(3g) Registration of certain snowmobiles. 350.12(3g)(a)(a) Registration certificates issued to persons under s.
350.12 (3) (c) (intro.), 1989 stats., before August 15, 1991, shall remain valid until their expiration dates.
350.12(3g)(b)
(b) A snowmobile put into use by a snowmobile renter before August 15, 1991, shall be subject to the requirements that are applicable under s.
350.12 (3) (c) (intro.) and
5., 1989 stats., s.
350.12 (3) (d), 1989 stats., s.
350.12 (3) (dm), 1989 stats., and s.
350.12 (5) (b), 1989 stats., and is exempt from the requirement under
sub. (3) (c) 3. until the expiration date of the snowmobile registration.
350.12(3h)(a)(a)
Issuance; appointment of agents. For the issuance of snowmobile certificates, the department may do any of the following:
350.12(3h)(a)2.
2. Appoint, as an agent of the department, the clerk of one or more counties to issue the certificates.
350.12(3h)(a)3.
3. Appoint persons who are not employees of the department to issue the certificates as agents of the department.
350.12(3h)(b)
(b)
Duplicates. For purposes of this subsection, the issuance of a duplicate of a snowmobile certificate shall be considered the same as the issuance of an original certificate.
350.12(3h)(c)2.
2. The department may promulgate rules regulating the activities of persons appointed under
pars. (a) and
(e).
350.12(3h)(d)
(d)
Issuing fees. An agent appointed under
par. (a) 2. or
3. shall collect an issuing fee of $3 for each snowmobile certificate that the agent issues. The agent shall remit to the department $2 of each issuing fee collected.
350.12(3h)(e)
(e)
Renewals; agents. For the renewal of snowmobile certificates for public use or the renewal of commercial snowmobile certificates, the department may renew the certificates directly or may appoint agents in the manner specified in
par. (a) 2. or
3. The department may establish an expedited service to be provided by the department and these agents to renew these types of snowmobile certificates.
350.12(3h)(f)
(f)
Renewals; fees. In addition to a renewal fee under
sub. (3), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of snowmobile certificates that are renewed in any of the following manners:
