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
Operating while suspended, revoked, ordered out-of-service or disqualified. 343.44(1)(a)(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.
343.44(1)(b)
(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.
343.44(1)(c)
(c)
Operating while ordered out-of-service. No person may operate a commercial motor vehicle while the person or the commercial motor vehicle is ordered out-of-service under the law of this state or another jurisdiction or under federal law. No person may operate a commercial motor vehicle for which the motor carrier identified on the motor vehicle's registration application as the motor carrier responsible for safety of the vehicle has been issued a federal out-of-service order for unsatisfactory safety compliance, while this federal out-of-service order is in effect.
343.44(1)(d)
(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 motor carrier safety 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.
343.44(1g)
(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.
343.44(2)(ag)1.1. Except as provided in
subds. 2. and
3., any person who violates
sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.
343.44(2)(ag)2.
2. Any person who violates
sub. (1) (a) and, in the course of the violation, causes great bodily harm to another person is required to forfeit not less than $5,000 nor more than $7,500, except that, if the person knows at the time of the violation that his or her operating privilege has been suspended, the person is guilty of a Class I felony.
343.44(2)(ag)3.
3. Any person who violates
sub. (1) (a) and, in the course of the violation, causes the death of another person is required to forfeit not less than $7,500 nor more than $10,000, except that, if the person knows at the time of the violation that his or her operating privilege has been suspended, the person is guilty of a Class H felony.
343.44(2)(ar)2.
2. Except as provided in
subds. 3. and
4., any person who violates
sub. (1) (b) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both if the revocation identified under
sub. (1) (b) resulted from an offense that may be counted under
s. 343.307 (2).
343.44(2)(ar)3.
3. Any person who violates
sub. (1) (b) and, in the course of the violation, causes great bodily harm to another person shall be fined not less than $5,000 nor more than $7,500 or imprisoned for not more than one year in the county jail or both, except that, if the person knows at the time of the violation that his or her operating privilege has been revoked, the person is guilty of a Class I felony.
343.44(2)(ar)4.
4. Any person who violates
sub. (1) (b) and, in the course of the violation, causes the death of another person shall be fined not less than $7,500 nor more than $10,000 or imprisoned for not more than one year in the county jail or both, except that, if the person knows at the time of the violation that his or her operating privilege has been revoked, the person is guilty of a Class H felony.
343.44(2)(b)
(b) In imposing a sentence under
par. (ar) or
(br), the court shall review the record and consider the following:
343.44(2)(b)1.
1. The aggravating and mitigating circumstances in the matter, using the guidelines described in
par. (d).
343.44(2)(b)3.
3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
343.44(2)(b)4.
4. 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).
343.44(2)(b)5.
5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
343.44(2)(bm)
(bm) 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.
343.44(2)(br)
(br) 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.
343.44(2)(c)
(c) 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.
343.44(2)(d)
(d) 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.
343.44(2p)
(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:
343.44(2r)
(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.
343.44(2s)
(2s) Citations. 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) or
(d) 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) 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.
343.44(4)
(4) Impoundment. 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(4r)
(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) or
(i).
343.44(5)
(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.
343.44 History
History: 1971 c. 164 s.
83;
1971 c. 280,
307;
1973 c. 90;
1977 c. 29 s.
1654 (7) (a);
1977 c. 165,
272;
1979 c. 221;
1981 c. 20;
1983 a. 535;
1989 a. 12,
105,
336;
1991 a. 39,
64,
189,
277;
1995 a. 113;
1997 a. 84;
1999 a. 9,
32,
143;
2003 a. 33;
2005 a. 25,
254,
412;
2009 a. 28;
2011 a. 32,
113,
258;
2013 a. 165.
343.44 Annotation
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 (1978).
343.44 Annotation
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).
343.44 Annotation
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 (1996),
95-1827.
343.44 Annotation
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,
99-0554.
343.44 Annotation
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,
01-2870.
343.44 Annotation
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,
12-1060.
343.44 Annotation
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, ___ Wis. 2d ___, ___ N.W.2d ___,
15-0791.
343.44 Annotation
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, ___ Wis. 2d ___, ___ N.W.2d ___,
15-0791.
343.44 Annotation
Section 351.08 authorizes enhancements to penalties under this section; it does not create a separate substantive offense.
75 Atty. Gen. 106.
343.45
343.45
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.
343.45(2)
(2) 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),
(b),
(c) and
(d), 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.
343.45(3)
(3) 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.
343.45 History
History: 1971 c. 278;
1989 a. 105,
359.
343.45 Annotation
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).
343.46
343.46
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.
343.46(2)
(2) 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.
343.46(3)
(3) 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.
343.46(4)
(4) Any person violating this section may be required to forfeit not more than $100.
IDENTIFICATION CARDS
343.50
343.50
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.
343.50(1)(b)
(b) 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.
343.50(1)(c)
(c) 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).
343.50(2)
(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.
343.50(3)(a)(a) 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. to
7., 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.
343.50(3)(b)
(b) 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).
343.50(4)
(4) Application. The application for an identification card shall include any information required under
ss. 85.103 (2) and
343.14 (2) (a),
(b),
(bm),
(br),
(em),
(es),
(gh), 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).
343.50(4g)
(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.
343.50(4m)(a)(a) 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.
343.50(4m)(b)
(b) 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).
343.50(5)(a)1.1. Except as provided in
subds. 2. and
3., 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.
343.50(5)(a)2.
2. The department may not charge a fee to an applicant for the initial issuance of an identification card if any of the following apply:
343.50(5)(a)2.a.
a. 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.
343.50(5)(a)2.b.
b. 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.
343.50(5)(a)3.
3. 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.
343.50(5)(b)
(b) Except as provided in
pars. (c) and
(d) 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.
343.50(5)(c)
(c) 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. to
7., the card shall, subject to
s. 343.165 (4) (c), expire one year after the date of issuance or renewal.
343.50(5)(d)
(d) 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).
343.50(5m)
(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. or
3. or
(7).
