Wisconsin Operating After Revocation Charge Lawyers in Milwaukee
This Milwaukee criminal lawyer wants you to know that operating (including driving) with a revoked driver’s license (OAR) offense in Wisconsin is a traffic crime. Driving with a revoked license can subject you to significant consequences. For example, it can be a crime to drive a car after your license has been revoked, before you formally reinstate your license. Specifically, the revocation of your license remains in effect until you formally reinstate it, even if the term of any revocation order has expired. Therefore, until you reinstate your driver’s license, it constitutes a crime to operate a motor vehicle in Wisconsin after revocation.
Again, driving on a revoked license is a crime. To be sure, driving on a revoked license in Wisconsin is not the same thing as operating without a valid driver’s license in Wisconsin. If you face criminal charges in Milwaukee or anywhere in Wisconsin for an operating after revocation (OAR) offense, you should seek legal representation. The Wisconsin criminal defense lawyers in Milwaukee and Wisconsin at our law firm have experience defending various kinds of criminal traffic offenses, including operating while revoked offenses (even when the license revocation resulted from an OWI or DUI).
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Operating After Revocation Charges in Wisconsin
Wisconsin law defines operating while revoked as follows:
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.
Wisconsin Statute § 343.44(1)(b)
Jury instructions for operating after revocation in Wisconsin
Specifically, the jury instructions provide that in Wisconsin, the State may convict a person charged with operating while revoked if:
1) The defendant operated a motor vehicle on a highway; and
Wisconsin JI-Criminal 2620
2) The defendant’s operating privilege was duly revoked at the time the defendant operated a motor vehicle; and
3) The defendant knew his or her operating privilege had been revoked.
Note the following provisions related to charges for operating after revocation in Wisconsin:
- Failure to reinstate: a person’s operating privilege remains revoked until it is reinstated.
- Failure to receive notice: refusal to accept or failure to receive an order of revocation mailed by 1st class mail to such person’s last-known address shall not be a defense to the charge of driving after revocation. 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 shall not be a defense to the charge of driving after revocation.
What are the penalties for operating after revocation?
If convicted of operating while revoked (OAR) in Wisconsin, the penalties depend on whether you injured another during the operation of the vehicle:
- In general, any person who operates a motor vehicle with a revoked driver’s license shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both.
- Anyone who causes great bodily harm to another person while driving after revocation 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.
- Anyone who causes the death of another person while driving with a revoked driver’s license 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.
Why hire our Milwaukee criminal defense lawyer to represent you?
We’re on a mission. We want our attorneys to be the best Wisconsin criminal defense lawyer in Milwaukee, and all Wisconsin. Specifically, we guard you, your rights, your reputation, your job, your future, and your freedom! Hence, if police arrest you for operating after revocation in Milwaukee, or Wisconsin, call us right away. Also, if you face investigation or charges in Wisconsin for any criminal traffic offense for a driving violation, including OAR, tell the police you want an attorney. Demand to see your lawyer before you talk with police. In summary, early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of a criminal case in Wisconsin.
Importantly, not all criminal defense lawyers in Wisconsin have great trial skills. Similarly, not every Milwaukee criminal attorney will present a compelling case in court. Moreover, lawyers have differing abilities to negotiate a favorable plea agreement. However, our team of accomplished criminal trial and appellate attorneys demonstrate an impressive record of winning litigation skills. Simply put, we achieve results for our clients. We excel in criminal litigation – from pretrial motions to court or jury trials, and appeals. In conclusion, with decades of combined experience, we have the knowledge and aggressive ability to get the results you need.
Finally, for more information about a Wisconsin criminal traffic defense attorney in Milwaukee for any moving violation, contact us today! Click here for resources to find out about Wisconsin court calendars and jail inmate locators.