Wis. Admin. Code Department of Transportation Trans 103.03 - HTO determination

(1) In determining the number of offenses accumulated during a 5-year period, the department shall use the date each violation was committed as the basis for the determination.

Note: The use of violation date rather than conviction date was upheld in DeBruin v. State, 140 Wis. 2d 631, 412 N.W.2d 130 (Ct. App. 1987).

(2) The department may count any combination of major and minor convictions to establish an HTO revocation under s. 351.02(1) (b), Stats.

Note: Any major offense counts under this provision.

(3) The department may not count petty offenses for any purpose in determining whether a person is a habitual traffic offender.

(4) In determining whether to revoke a person's operating privilege, the department may not count a refusal to submit to chemical testing as a separate incident in determining HTO or repeat HTO status if the refusal arises out of the same incident as a conviction under s. 346.63(1), Stats., or a local ordinance in conformity therewith, ss. 346.63(2), 940.09 and 940.25, Stats., or a conviction under the law of another jurisdiction with substantially similar terms or any law enacted by a federally-recognized American Indian tribe or band in this state.

(5) Multiple offenses arising out of one occurrence may be counted as one offense under s. 351.02(1) (d), Stats., only if the person's driver record does not show any convictions for minor or major offenses that occurred in the 5-year period preceding the date of the multiple offenses.

(6) Convictions for violations occurring on the same date in different counties shall be presumed to have resulted from separate occurrences for purposes of s. 351.02(1) (d), Stats.

Notes

Wis. Admin. Code Department of Transportation Trans 103.03

Cr. Register, October, 1995, No. 478, eff. 11-1-95.