Trans 101.02(9)(b)(b) Definition. For purposes of this subsection, a “conviction change” means a conviction that was reported to the department on a previous occasion is reopened, vacated, appealed or amended. Trans 101.02(9)(c)(c) Amended charges and errors. Upon receipt of a report that a conviction or revocation or suspension order noted on a driver record has been changed or was reported to the department in error, the department shall note the change or correct the error on the driver record and recalculate any point suspension using the points assessed against the driver record under subs. (1) to (6), except as provided in pars. (d) to (f). If, upon recalculation, the department determines that the release or amendment of the point case is appropriate, the department shall release or amend the point case. The department shall provide notice to the person of any amendment in the form of an amended demerit point suspension order. Trans 101.02(9)(d)(d) Convictions considered unused if point case is released. If a point case is released because of a conviction change or notice that a conviction or revocation or suspension order was reported in error before the suspension period for the point case is complete, all convictions that formed the basis for the released point case shall be considered not to have been used in a point case for purposes of sub. (8) (a). Otherwise, the convictions shall be considered to have been used in a point case. Trans 101.02(9)(e)(e) Released withdrawal due to amended charge. If a court reopens a conviction and amends the charge for which the person was convicted, and as a result of that amendment a suspension or revocation order issued under s. 343.30 or 343.31, Stats., is released, demerit points for that conviction may be used in a point case unless the suspension or revocation initially imposed under s. 343.30 or 343.31, Stats., has already been served in its entirety or at least 2 months of the suspension or revocation has been served. Trans 101.02(9)(f)(f) Released withdrawal without amended charge. If a court amends a suspension or revocation order, but does not vacate or amend the conviction itself, and the person’s operating privilege has been suspended or revoked for the entire period that was earlier ordered by the court or was suspended for 2 months or longer as a result of that earlier order, demerit points resulting from the conviction may not be used in a point case. Otherwise, the demerit points from the conviction may be used in a point case in the same manner as for a newly reported conviction and no credit for time served shall be granted for time served under the earlier court-ordered suspension or revocation when determining the length of the point suspension. Trans 101.02(9)(g)(g) Released demerit point case violations reused. In any case where a changed conviction or notice that a conviction was reported to the department in error results in the department releasing a point case and the affected driver accumulates sufficient demerit points to warrant suspension for accumulation of demerit points from a combination of offenses that were part of the released point case and other convictions, the department shall suspend the driver’s operating privilege for accumulation of demerit points. In such a case, the department shall reduce the length of time to be suspended on the second point case by the amount of time served on the released point case if one-half or more of the convictions used in the released point case are used in the second point case. If fewer than one-half of the convictions used in the released point case are used in the second point case, the length of suspension shall be determined according to s. Trans 101.04 (3) or (3m) without regard to the released point case. Trans 101.02 NoteNote: This “credit for time served” applies only between demerit point cases. Time served for other suspensions or revocations may not be credited to a demerit point case. The Department counts the number of convictions, not points attributable to them, in deciding whether to grant this credit.
Trans 101.02 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. (20), Register, April, 1977, No. 256, eff. 5-1-77; emerg. r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), eff. 7-1-80; r. and recr. (19) (intro.), (a) and (b), renum. (19) (c) to be (19m), cr. (19) (c) and (26), Register, November, 1980, No. 299, eff. 12-1-80; renum. from MVD 11.03 and renum. (1) to (26) to be (1) to (27) and am., cr. (15) (a) to (d), Register, June, 1981, No. 306, eff. 7-1-81; cr. (11a) and (22) (o), Register, April, 1982, No. 316, eff. 5-1-82; emerg. cr. (15) (e) and (f), eff. 5-1-82; cr. (15) (e) and (f), Register, November, 1982, No. 323, eff. 12-1-82; am. (20) and (26), Register, March, 1990, No. 411, eff. 4-1-90, r, and recr. (intro.) to (22), renum. (23) to (26) to be (6) to (9) and am. (7) and (8) (a), r. (27), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to restore dropped copy in (2) (f), Register, June, 1991, No. 426; reprinted to correct printing errors, Register, October, 1991, No. 430; am. (3) (k), cr. (5) (gm), (im), (sm) and (wm), Register, March, 1994, No. 459, eff. 4-1-94; renum. (1) (c) to be (3) (q), renum. and am. (1) (d) to be (3) (r), Register, March, 1999, No. 519, eff. 4-1-99; am. (1) (g), (3) (e), (5) (intro.), (v) and (8) (a), r. and recr. (1) (k) and (3) (a), r. (3) (b) and (o), Register, August, 2000, No. 536, eff. 9-1-00; CR 07-081: am. (intro.), (1) (b), (3) (i), (4) (c), (5) (m), (6), cr. (5) (mn), (8), renum. (5) (v) to be (2) (k), r. (7), renum. (8) to be (7) and am. (title) and (a), r. and recr. (9) Register June 2008 No. 630, eff. 7-1-08; correction in (8) (a) made under s. 13.92 (4) (b) 7., Stats., Register June 2008 No. 630; CR 10-040: r. (4) (d), am. (5) (sm), (8) (a) and (c), cr. (8) (f) Register September 2010 No. 657, eff. 10-1-10. Trans 101.03Trans 101.03 Warnings. The department may notify any operator of the points charged against the person’s driver record when the record shows the person has accumulated 6 or more points in a 12-month period. Trans 101.03 NoteNote: Under Graduated Driver Licensing, few drivers receive warning letters before being suspended for demerit points. This is because ch. 343, Stats., has reinstated point doubling. A probationary driver with any prior violation on his or her record who is convicted of a 6-point violation will be assessed 12 points for that offense and be immediately suspended. Similarly, a driver who accumulates two 4-point offenses will be summarily suspended without warning. The first 4-point ticket will not trigger a warning under this rule. The second 4-point ticket will result in an 8-point assessment after doubling, resulting in a total of 12 demerit points and a suspension. Trans 101.03 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from MVD 11.04 and am., Register, June, 1981, No. 306, eff. 7-1-81; CR 07-081: am. Register June 2008 No. 630, eff. 7-1-08. Trans 101.04Trans 101.04 Suspension of license for accumulation of demerit points. Trans 101.04(1)(1) The department shall suspend the operating privilege of any person whose driver record shows the accumulation of 12 points for violations committed within any 12-month period. Trans 101.04 NoteNote: The date offenses were committed is used by the Department to determine point cases. Violation dates are inviolate and may not be changed by a court to subvert the intent of these rules or other statutory requirements. State v. DeBruin, 140 Wis. 2d 631 (Ct. App. 1987); State v. Walczak, 157 Wis. 2d 661 (1990). Trans 101.04(3)(3) Except as provided in sub. (3m) with respect to probationary driver licenses, the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods: Trans 101.04(3m)(3m) Notwithstanding subs. (1) and (3), the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods, if the driver holds an instruction permit or a probationary driver license, or would be issued an instruction permit or probationary driver license upon proper application and meeting other requirements: Trans 101.04(4)(4) A suspension order issued by the department under this chapter takes effect on the date of the suspension order. Trans 101.04 HistoryHistory: Cr. Register, September, 1972, No. 201, eff. 10-1-72; emerg. cr. (4) to (6), eff. 11-18-80; cr. (4) to (7), Register, March, 1981, No. 303, eff. 4-1-81; emerg. am. (2) and (3), eff. 5-7-81; renum. from MVD 11.05 and am. (1) to (3), Register, June, 1981, No. 306, eff. 7-1-81; am. (2) to (4), Register, March, 1990, No. 411, eff. 4-1-90, am. (1) to (3), r. and recr. (5), renum. (7) to be (7) (a) and am., cr. (7) (b), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct printing errors, Register, October, 1991, No. 430; r. (1), renum. (2), (4) to (7) to be (1), (3) to (6) and am. (5), r. and recr. (3), cr. (4) (d), Register, March, 1994, No. 459, eff. 5-1-94; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519; am. (3) (intro.) and (5), cr. (3m), r. and recr. (4) and (6), Register, August, 2000, No. 536, eff. 9-1-00; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.; reprinted to correct printing error in (6), Register January 2002 No. 553: CR 07-081: (am) (title), (1), (3) and (3m), r. (2), (5) and (6), r. and recr. (4) Register June 2008 No. 630, eff. 7-1-08. Trans 101.06Trans 101.06 Revocation and suspension of operating privileges. Trans 101.06(1)(1) This section is intended to address operating privilege suspension and revocation matters not addressed elsewhere in statute or administrative rules. Trans 101.06(2)(2) The department shall suspend for 2 months the operating privilege of any person convicted of violating s. 343.16 (7) (b), Stats. Trans 101.06 NoteNote: Section 343.16 (7) (b), Stats., involves persons taking DMV examinations on behalf of others. Trans 101.06 NoteNote: Section 343.32 (1), Stats., revocations result from convictions in another jurisdiction which, if committed in Wisconsin, would have resulted in revocation of the person’s operating privilege. Section 343.32 (1s), Stats., violations involve altering, unlawful, or fraudulent use of a license or loaning a license. Trans 101.06(4)(4) Except for revocations imposed under ch. 351, Stats., a revocation or suspension imposed by the department as the result of a conviction in another jurisdiction shall be imposed and be effective on the date of conviction in that other jurisdiction. Trans 101.06 HistoryHistory: CR 07-081: cr. Register June 2008 No. 630, eff. 7-1-08; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.