The jury instructions provide that in Wisconsin, a person charged with operating while revoked may be convicted if:
The defendant operated a motor vehicle on a highway.
The defendant's operating privilege was duly revoked at the time the defendant operated a motor vehicle
The defendant knew his or her operating privilege had been revoked.
Wisconsin JI-Criminal 2620
* 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.
Wisconsin Statute 343.44(1)(b) 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.
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Driving a car with a revoked driver's license (OAR) offenses in Wisconsin are traffic crimes that can subject you to serious consequences. It can be a crime to drive a car after your license has been revoked, and before it is formally reinstated, even if the term of any revocation order has expired. Until your driver's license is reinstated after it has been revoked, it is a crime to operate a motor vehicle in Wisconsin. If you are criminally charged in Milwaukee, Waukesha, elsewhere in SE WI with an operating after revocation (OAR) offense, you need tough representation. The criminal defense lawyers in Milwaukee and Waukesha, WI at Gamiño Law Offices have experience in various kinds of operating while revoked offenses, including revocations resulting from an OWI related offense.
Wisconsin Operating After Revocation Charges
Possible sentencing consequences when charged with operating after revocation in Milwaukee, Waukesha or elsewhere in Wisconsin
If convicted of operating while revoked (OAR) in Wisconsin, the penalties depend on whether someone is injured 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.
It is our mission to be the best Wisconsin criminal defense lawyers in Waukesha, Milwaukee, and the area - we guard you, your rights, your reputation, your job, your future, and your freedom! If you have been arrested or charged with an operating after revocation crime in Milwaukee, WI, or anywhere in Southeastern Wisconsin, call us right away. Any time you are under investigation in Wisconsin for a criminal offense, tell police officers that you wish to speak with an attorney immediately. Early intervention by an experienced Milwaukee criminal defense lawyer makes all the difference in the outcome of a criminal case in Wisconsin.
Not all criminal defense lawyers in Wisconsin have the trial skills and ability to present a compelling case in court or negotiate a favorable plea agreement. At Gamiño Law Offices, our team of accomplished criminal trial and appellate attorneys have an impressive record of winning litigation skills, from pretrial motions to court or jury trials, and appeals. With more than 30 years of combined experience, we have the competent skill and aggressive ability necessary to get the results you need.