If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.
If there is subsequent court action affecting the order to reopen, vacate or stay, the court shall promptly notify the department of that action.
The department, upon receipt of an order under sub. (6)
, shall proceed under this section as if an appeal had been taken.
History: 1971 c. 278
; 1977 c. 29
s. 1654 (7) (a)
, (c); 1977 c. 273
; Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1989 a. 7
; 1995 a. 113
Hearing on suspensions and revocations. 343.33(1)(1)
Whenever the department under authority of s. 343.32
revokes or suspends a person's operating privilege, the department shall immediately notify such person thereof in writing and upon his or her request shall afford him or her an opportunity for a hearing on the revocation or suspension unless the department is satisfied from the records and information in its possession that a hearing is not warranted. If the department is not so satisfied and the person requests a hearing, the department shall hold a hearing as soon as practicable and in any event within 20 days after receipt of the request therefor. If the person requesting the hearing is a resident of this state, the department shall fix the place of the hearing as close as practicable to the applicant's residence and in no event shall it be set for a place not in the county of the applicant's residence or a county contiguous thereto without the consent of the applicant. If the applicant is a nonresident, the department shall determine the place of the hearing. Any person who fails without cause to appear at the time and place specified in the notice served on him or her forfeits the right to a hearing.
Upon the hearing, the department or its hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
Upon completion of the hearing, the department shall make findings of fact and shall either let the order of suspension or revocation stand or, upon good cause appearing therefor, rescind the order or modify the period of suspension or revocation.
Suspension of licenses.
The secretary may suspend operating privileges under this section under the following circumstances:
Whenever the secretary is satisfied that a person has violated a restriction on the license and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.
Restriction, limitation or suspension of operating privilege.
The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5)
and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857
History: 1997 a. 191
; 2007 a. 20
Surrender of licenses upon cancellation, revocation or suspension. 343.35(1)(1)
The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.
Any person who fails to surrender a license as required by this section may be required to forfeit not more than $100.
The secretary or an appointed agent may take possession of any license required to be surrendered to the department or may direct any traffic officer to take possession thereof and return it to the department.
Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction. 343.36(2)(2)
Once each month, the department shall compile a list of the names and addresses of all residents of this state whose operating privileges were revoked or suspended or who were disqualified under s. 343.315
during the preceding month and the periods of those revocations, suspensions and disqualifications and, upon request, shall forward the list to the sheriff of each county, to the chief of police or the constable, respectively, of each city, village and town and to all county traffic officers.
Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension or disqualification under the laws of this state, the department shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
No operation under foreign license during revocation or suspension. 343.37(1)(1)
An operator's license or permit issued by another jurisdiction does not authorize a resident of this state whose operating privilege has been revoked or suspended pursuant to the laws of this state to operate a motor vehicle in this state until that person has obtained a new license when and as provided in this chapter. This subsection applies to a resident of this state even though that person was a nonresident at the time that person's operating privilege was revoked or suspended.
Notwithstanding the privilege conferred on nonresidents by s. 343.05 (4) (b) 1.
, a nonresident whose operating privilege has been revoked or suspended pursuant to the laws of this state is not authorized to operate a motor vehicle in this state under an operator's license or permit issued by another jurisdiction until the nonresident's operating privilege in this state has been reinstated pursuant to the laws of this state. This subsection applies to a nonresident even though the nonresident was a resident of this state at the time the nonresident's operating privilege was revoked or suspended. This section does not limit the operating privilege granted to nonresidents by s. 343.05 (2) (a) 2.
History: 1989 a. 105
; 1991 a. 316
Reinstatement after revocation, suspension, cancellation, or disqualification. 343.38(1)(1)
Reinstatement after revocation.
Except as provided in ss. 343.10
, 343.31 (1m)
, and 351.07
, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and the person:
Pays to the department all required fees; and
If the secretary so prescribes, passes an examination including the tests specified in s. 343.16
or such parts thereof as the secretary may require; and
Except as provided in subd. 2.
, files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344
. Except for a reinstatement under s. 343.31 (1m)
, this subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation. For a reinstatement under s. 343.31 (1m)
, this subdivision does not apply to a person after 3 years have elapsed since the reinstatement of the operating privilege of the person.
No proof under subd. 1.
shall be required for any of the following:
A vehicle owned by or leased to the United States, this state or any county or municipality of this state.
Reinstatement of an operating privilege revoked under s. 343.31 (1) (b)
if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2)
and if, within the 10-year period preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2)
If the person's operating privilege has been revoked under s. 343.31 (1m)
, satisfies all of the following:
The person has not been convicted of an offense that is a felony or a misdemeanor, that is counted under s. 343.307 (1)
or specified under s. 351.02 (1) (a)
, and that was committed during the 10-year period immediately preceding the application for reinstatement.
Not more than 45 days before applying for reinstatement, the person submits to and complies with an assessment by an approved public treatment facility, as defined in s. 51.45 (2) (c)
, for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of a driver safety plan for the person.
(2) Reinstatement of nonresident's operating privilege.
A nonresident's operating privilege revoked or suspended under the laws of this state is reinstated as a matter of law when the period of revocation or suspension has expired and the nonresident pays the fees specified in s. 343.21 (1) (j)
, if applicable, and (n).
(3) Reinstatement after suspension.
Except as provided in sub. (2)
and s. 343.10
, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly suspended while the suspension remains in effect. Subject to s. 343.31 (2t) (b)
, upon the expiration of the period of suspension, the person's operating privilege is reinstated upon receipt by the department of the fees specified in s. 343.21 (1) (j)
and, for reinstatement of an operating privilege suspended under ch. 344
, the filing with the department of proof of financial responsibility, if required, in the amount, form, and manner specified under ch. 344
(3g) Reinstatement after certain cancellations. 343.38(3g)(a)(a)
The department may reinstate the operator's license of a person whose operator's license has been duly canceled under s. 343.25 (2)
if the person pays the fees specified in s. 343.21 (1) (m)
and either the person is at least 18 years of age or the requirements specified in s. 343.15
The department may reinstate the operator's license or identification card of a person whose operator's license or identification card has been duly canceled because of the person's nonpayment of a fee if the person pays that fee, pays any fee required by the department under s. 20.905 (2)
, and pays the fees specified in s. 343.21 (1) (m)
(3r) Reinstatement of commercial driving privileges following disqualification. 343.38(3r)(a)
Except as provided in pars. (b)
, upon application for reinstatement after a person's disqualification by the department, the department may issue a commercial driver license to the person if the person has paid the fees required under s. 343.21 (1) (jm)
, taken any examination required by the department under s. 343.16
, and satisfied any other requirement under this chapter for reinstatement.
Any disqualification under s. 343.315 (2) (g)
terminates at the beginning of the 25th hour following issuance of the citation specified in s. 343.315 (2) (g)
. If a person has been disqualified solely on the basis of s. 343.315 (2) (g)
, the person's authorization to operate a commercial motor vehicle is automatically reinstated upon termination of the disqualification, as provided in this paragraph, and no application or fee is required for reinstatement.
If a person is authorized to operate a commercial motor vehicle under s. 343.055
, the person's authorization to operate a commercial motor vehicle may be reinstated without issuance of a commercial driver license to the person.
(4) First issuance of license in Wisconsin after suspension or revocation by another state.
The department may issue an operator's license to a person moving to this state whose operating privileges have been previously suspended or revoked in another state when their operating privilege has been reinstated in that state and the following conditions have been met:
When the period of suspension or revocation required by law for conviction for the same traffic violation in this state has terminated.
Acceptable proof of financial responsibility has been filed.
Application for a Wisconsin operator's license has been made.
The fees required for the issuance of an original license have been paid.
(5) Restrictions on license.
If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction.
When operating privilege automatically reinstated. 343.39(1)(1)
An operating privilege is automatically reinstated under any of the following circumstances:
When, in the case of a revocation, suspension, or disqualification based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation, suspension, or disqualification only when considered in connection with the person's entire operating record.
Whenever any other provision of law provides for automatic reinstatement.
Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof. If the person's license is expired, the person may renew the license at the standard renewal fee at any time after the reinstatement of the person's operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1)
, the department shall issue a new license without any additional fee for the license.
Reinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun, 84 Wis. 2d 487
, 267 N.W.2d 318
Judicial review of suspension, revocation, cancellation or denial of license.
The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in ch. 227
for the review of administrative decisions.
History: 1977 c. 43
UNLAWFUL PRACTICES RELATIVE TO LICENSES
Unlawful use of license. 343.43(1)(a)
Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
Sell or lend that person's license to any other person or knowingly permit the use thereof by another; or
Represent as one's own any license not issued to that person; or
Violate any of the restrictions placed on that person's license by or pursuant to law; or
Permit any unlawful use of a license issued to that person; or
Reproduce by any means whatever a copy of a license, unless the reproduction is done pursuant to rules promulgated by the department and for a valid business or occupational purpose; or
Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly endorsed on the license under s. 343.22
shall not of itself be reason to consider the license altered.
Except as provided in sub. (3m)
, any person who violates sub. (1)
Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such violation.
Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
Any person who violates sub. (1) (d)
while operating a “Class D" or “Class M" vehicle as described in s. 343.04 (1) (d)
, except a school bus, may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section shall count as a previous offense.
Convictions for presenting a fraudulently altered driver license are restricted to situations having a direct bearing on the license, such as the granting of driving privileges. Changing the date of birth did not affect the owner's driving privileges. State v. Scholwin, 57 Wis. 2d 764
, 204 N.W.2d 677
License not to be used as security.