CHAPTER 351
HABITUAL TRAFFIC OFFENDERS
351.01 Declaration of intent.
351.027 Hearing on revocations.
351.03 Secretary to certify copy of conviction record.
351.04 District attorney or attorney general to represent secretary.
351.05 Habitual traffic offender or repeat habitual traffic offender determination by the court.
351.07 Occupational license; conviction after issuance.
351.08 Operation of motor vehicle by habitual traffic offender or repeat habitual traffic offender prohibited; penalty; enforcement.
351.09 Recalculation of habitual traffic offender status.
351.11 Application of chapter.
Ch. 351 Cross-reference
Cross Reference: See also ch.
Trans 103, Wis. adm. code.
351.01
351.01
Declaration of intent. The legislature intends by enacting this chapter:
351.01(1)
(1) To provide maximum safety for all users of the highways of this state.
351.01(2)
(2) To deny the privilege of operating motor vehicles to persons who by their conduct and record have demonstrated their indifference for the safety and welfare of others and their disrespect for the laws, courts and administrative agencies of this state.
351.01(3)
(3) To discourage repetition of traffic violations by individuals against the peace and dignity of this state and its political subdivisions and to impose increased and added deprivation of the privilege to operate motor vehicles upon habitual traffic offenders who have been convicted repeatedly of traffic law violations.
351.01 History
History: 1979 c. 333.
351.02
351.02
Definitions. In this chapter:
351.02(1)
(1) "Habitual traffic offender" means any person, resident or nonresident, whose record, as maintained by the department shows that the person has accumulated the number of convictions for the separate and distinct offenses, regardless of the class or type of motor vehicle being operated, under
par. (a) or
(b) committed within a 5-year period as follows:
351.02(1)(a)
(a) Four or more convictions of the following separate and distinct offenses, including any combination thereof:
351.02(1)(a)6.
6. Any crime punishable as a felony under
chs. 341 to
348 or any felony in the commission of which a motor vehicle is used.
351.02(1)(a)7.
7. Failure of the operator of a motor vehicle involved in an accident to stop at or near the scene of the accident and report his or her identity under
s. 346.67 (1).
351.02(1)(a)10.
10. Any offense committed by the person under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with willful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, driving or operating a motor vehicle while having a detectable amount of a restricted controlled substance in the person's blood, refusal to submit to chemical testing, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.
351.02(1)(b)
(b) Twelve or more convictions of violations of
ch. 346, including violations under
par. (a).
351.02(1)(c)
(c) The offenses under
pars. (a) and
(b) are deemed to include offenses under any valid ordinance enacted by a local authority under
s. 349.06 or any law enacted by a federally recognized American Indian tribe or band in this state which are in strict conformity with the offenses under
pars. (a) and
(b), and any federal law which is in substantial conformity with the offenses under
pars. (a) and
(b).
351.02(1)(d)
(d) If more than one offense under
par. (a) or
(b) arises out of the same occurrence, all of those offenses shall be treated as one offense, on the first such occasion, if the person charged has no record of prior offenses within the preceding 5-year period.
351.02(1)(f)
(f) The department may, by rule, exempt specific violations of
ch. 346 from being counted under
par. (b) if the department determines that the violation is a petty offense, except that the department may not exempt any violation for which the department assigns demerit points under
s. 343.32 (2) or rules promulgated thereunder.
351.02(1m)
(1m) "Repeat habitual traffic offender" means any person, resident or nonresident, whose record as maintained by the department shows that the person has been convicted of 2 offenses under
sub. (1) (b) committed within one year following issuance of an occupational license to the person pursuant to
s. 351.07 or whose record as maintained by the department shows that the person has been convicted of one offense under
sub. (1) (a) or 4 offenses under
sub. (1) (b) committed within 3 years following issuance of an occupational license to the person pursuant to
s. 351.07, regardless of the license under which the person was operating a motor vehicle or the classification of the vehicle being operated.
351.02 Cross-reference
Cross Reference: See also definitions in s.
340.01.
351.02 Annotation
The 5-year requirement in sub. (1) applies to offenses, not resulting convictions. De Bruin v. State,
140 Wis. 2d 631,
412 N.W.2d 130 (Ct. App. 1987).
351.025(1)(1) The secretary shall revoke a person's operating privilege for a period of 5 years upon receipt of a record of conviction which brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender.
351.025(2)
(2) The revocation is effective on the date the department mails the notice of revocation.
351.025 History
History: 1985 a. 71;
1999 a. 9.
351.025 AnnotationThere is no discretion in the administration of this chapter. State v. Strassburg,
120 Wis. 2d 30,
352 N.W.2d 215 (Ct. App. 1984).
351.025 Annotation
A traffic violator has no due process right to be informed of the collateral consequences of being classified a habitual offender because of a plea to the underlying traffic offense. State v. Madison,
120 Wis. 2d 150,
353 N.W.2d 835 (Ct. App. 1984).
351.027
351.027
Hearing on revocations. 351.027(1)
(1) Whenever the secretary under authority of
s. 351.025 revokes a person's operating privilege, the secretary shall immediately notify the person in writing of the revocation and of the person's right to a hearing on the revocation as provided in
sub. (2). The department shall send the notice by 1st class mail to the address most recently provided to the department by the person.
351.027(2)
(2) If the person denies that he or she is a habitual traffic offender or repeat habitual traffic offender, the person may file with the circuit court for the county in which the person resides or, in the case of a nonresident, with the circuit court for Dane County a petition for a hearing and determination by the court that the person is not a habitual traffic offender or repeat habitual traffic offender. The scope of the hearing shall be limited to whether or not the person is the same person named in the record and whether or not the person was convicted of each offense shown by the record. The clerk of the court in which the petition is filed shall forward a copy of the petition to the secretary.
351.027 History
History: 1985 a. 71.
351.03
351.03
Secretary to certify copy of conviction record. Upon receipt of the copy of the petition under
s. 351.027, the secretary shall certify the record of conviction of any person whose record brings him or her within the definition of a habitual traffic offender or repeat habitual traffic offender to the court and to the district attorney of the county in which the person resides or to the attorney general if the person is not a resident of this state. The certified record shall be prima facie evidence that the person named therein was duly convicted by the court wherein the conviction or finding was made, of each offense shown by the record. If the person denies any of the facts as stated in the record, he or she shall have the burden of proving that the fact is false.
351.04
351.04
District attorney or attorney general to represent secretary. The district attorney for the county in which the person resides who receives the certified copy of record from the secretary under
s. 351.03 shall represent the secretary at the hearing under
s. 351.027. In the case of nonresidents, the attorney general shall represent the secretary at the hearing.
351.04 History
History: 1979 c. 333;
1985 a. 71.
351.05
351.05
Habitual traffic offender or repeat habitual traffic offender determination by the court. The court in which the petition under
s. 351.027 is filed shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender. If the person denies he or she was convicted or found in violation of any offense necessary for a holding that he or she is a habitual traffic offender or repeat habitual traffic offender, and if the court is not able to make the determination on the evidence before it, the court may certify the decision of the issue to the court in which the conviction or finding of violation was made. The court to which the certification was made shall conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the court in which the petition was filed.
