Habitual traffic offenders; discussion of 343.44 and 351.08, Stats. (1986)
Section 351.08, Stats., authorizes enhancements to the section 343.44 penalties; it does not create a separate substantive offense. 75-106
Implied consent law
See also IMPLIED CONSENT LAW
A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314
Indians
The state has jurisdiction over members of the Menominee Tribe on public roads and highways within the Menominee Reservation in respect to the enforcement of state traffic laws that are necessary to protect the highways against depredation or that would impair their use as a public right-of-way. State law enforcement officers can arrest any person who commits a federal offense in their presence. 66-115
International driving permits
The requirement of sec. 343.05(2)(d), Stats., that holders of international driving permits speak and read the English language is preempted by international treaties governing driving permits and therefore is invalid under the Supremacy Clause, U.S. Const. art. VI, cl. 2. 68-282
Intoxicating liquor
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years, in addition to the violator of the statute, must be present in the vehicle. 66-215
Licenses and permits
Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-240
Minors
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years, in addition to the violator of the statute, must be present in the vehicle. 66-215
Motorcycles
Under sec. 343.05(1), Stats., a driver's license, indorsed for motor-driven cycle operation, is not required for operation of a motor-driven cycle on private property. 64-79
Nonmoving traffic violations
As used in sec. 165.87(2), Stats., the words "nonmoving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50 through 346.55, Stats. 66-308
Ordinance
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350 for which the penalty for violation is a forfeiture. 66-161
Permit fees
Motor carrier permit fees required by sec. 194.04(4)(a), (b), and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
Police
A person who flees or attempts to elude an unmarked police car, with flashing red lights and/or siren operating, does not violate sec. 346.04(3), Stats., unless the person knows that the signal from the unmarked vehicle was given by a traffic officer. 65-27
Police cars
Flashing blue lights on police vehicles are prohibited by sec. 347.07(2)(c), Stats. 63-80
An unmarked police vehicle displaying flashing red and blue lights is not a marked vehicle for purposes of section 346.04(3), Stats. 76-214
Police powers
Counties are restricted to controlling truck traffic under secs. 349.15 and 349.16, Stats. Exercise of the police power under sec. 349.15 need not be based on condition of roadbed, but may be exercised to promote the general welfare of the public. 66-110
Public records
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers' and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Registration fee
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer's suggested retail price and the age of the motor vehicle would not violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
Racetracks
A county board has power under section 59.07(18) and (64), Stats., to enact a reasonable licensing ordinance regulating the operation of motor vehicle racetracks outside the limits of cities and villages. 74-129
Revocation of operating privileges
Upon a second or subsequent conviction of drunk driving within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of operating privileges by the Division of Motor Vehicles as required by sec. 343.31(1)(b), Stats. 62-31
Revocation or suspension of licenses
Local governments can prohibit first acts of operating after revocation or suspension but second offense will not be a crime. 71-132
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-240
Roadblocks
Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172
Speed limits
Section 343.30(1n), Stats., does not apply to violations of sec. 346.57(4)(hm), Stats., created by ch. 157, Laws of 1973. 63-20
Stop-and-frisk
An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347
Stop and search
Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172
Suspension or revocation of license
Local governments can prohibit first acts of operating after revocation or suspension but second offense will not be a crime. 71-132
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-240
Taxation
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer's suggested retail price and the age of the motor vehicle would not violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
Traffic offenses
Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
