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Driving while revoked after revocation was over?

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SKVang

Junior Member
Location, Wisconsin. So, I had a O.W.I. about 14 months ago on my birthday. It was first and only O.W.I. offense. I've got 3 driving while revoked license from then until now. 2 days ago, I got pulled over and I got a citation for driving while revoked license again and no car insurance. I was wondering though, it's now October 20, 2015 and on papers, it said my revocation was to end on September 1, 2015. I haven't done the assessment or reinstated my license back though but wouldn't I be cited for driving with no valid license instead of driving while revoked? This is my 4th offense now, if i get charged with it and not dropped, would i have to do jail time? What if I told the judge i thought my license was not revoked on September 1, 2015? Thanks for any feedback.
 


Zigner

Senior Member, Non-Attorney
Location, Wisconsin. So, I had a O.W.I. about 14 months ago on my birthday. It was first and only O.W.I. offense. I've got 3 driving while revoked license from then until now. 2 days ago, I got pulled over and I got a citation for driving while revoked license again and no car insurance. I was wondering though, it's now October 20, 2015 and on papers, it said my revocation was to end on September 1, 2015. I haven't done the assessment or reinstated my license back though but wouldn't I be cited for driving with no valid license instead of driving while revoked? This is my 4th offense now, if i get charged with it and not dropped, would i have to do jail time? What if I told the judge i thought my license was not revoked on September 1, 2015? Thanks for any feedback.
Logically...
If your license was revoked and you haven't taken the required steps to reinstate it, then it remains revoked.
 

FlyingRon

Senior Member
Yep, Wisconsin law is quite explicit:
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.

You're revoked until you finish reinstating your license. It doesn't matter if your time would have been up already.

In fact the statute also goes out to state that prior driving-while-revoked convictions in the previous five years are quite relevant in determining if the judge should sentence you to up to a year in jail. Seeing how you're on your fourth, I would guess that the judge would realize that just fining you isn't working.

A lawyer would be a good idea.
 

TigerD

Senior Member
Yep, Wisconsin law is quite explicit:
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.

You're revoked until you finish reinstating your license. It doesn't matter if your time would have been up already.

In fact the statute also goes out to state that prior driving-while-revoked convictions in the previous five years are quite relevant in determining if the judge should sentence you to up to a year in jail. Seeing how you're on your fourth, I would guess that the judge would realize that just fining you isn't working.

A lawyer would be a good idea.
He's lucky. In Missouri, that would be up to four years in the Department of Corrections.

TD
 

SKVang

Junior Member
No insurance, either? :rolleyes:

What's up with you? You want the privilege of driving but none of the responsibilities.
Yeah, I started fresh, living on my own with a kid and wife, and still being young so I'm really poor. I was doing fine until the D.U.I. incident and my life just went down hill with bills. So, being a safe driver, I don't know why but I thought I wouldn't need insurance because I could barely afford living on my own. I just got a new job that pays decent so I want to avoid jail time at all cost. Will doing the assessment before court day help at all? Will telling the judge that I absolutely thought that I was off revocation help?How can I make the judge more lenient on the sentence? Life is hard with fines and bills... Thanks again for any feedback.
 

FlyingRon

Senior Member
Yeah, I started fresh, living on my own with a kid and wife, and still being young so I'm really poor. I was doing fine until the D.U.I. incident and my life just went down hill with bills. So, being a safe driver, I don't know why but I thought I wouldn't need insurance because I could barely afford living on my own. I just got a new job that pays decent so I want to avoid jail time at all cost. Will doing the assessment before court day help at all? Will telling the judge that I absolutely thought that I was off revocation help?How can I make the judge more lenient on the sentence? Life is hard with fines and bills... Thanks again for any feedback.
You are digging a deeper hole. You are NOT a safe driver. If you were a safe driver you wouldn't keep getting pulled over and noted that you are driving while still revoked.
Further, being a "safe driver" does not obviate the need for the mandatory LIABILITY insurance. You can't afford it, you can't afford to drive. The only time your deluded self-appraisal of risk matters is if you are trying to decide to purchase accident coverage on your own vehicle and even then if it is financed, it's not optional to you.

You need a lawyer. Since you are likely facing a substantial jail sentence (unless the DA is going to forgo that), you may qualify for a public defender. Ask for one at trial.

The judge is not going to believe you lies in light of your sociopathic behavior. Positive actions such as clearing your revocation (not just doing the assessment, but fully paying to have your license reinstated, which will also include showing you now have legal insurance) might help, but there are no guarantees.

You do know they already gave you a monumental break (in addition to letting you skate free on your previous recidivism) by not impounding your vehicle?

Rather than taking the self-centered view that life is hard on you, be assured that you've been given a ton more breaks than a criminal like you deserves.
 

SKVang

Junior Member
You are digging a deeper hole. You are NOT a safe driver. If you were a safe driver you wouldn't keep getting pulled over and noted that you are driving while still revoked.
Further, being a "safe driver" does not obviate the need for the mandatory LIABILITY insurance. You can't afford it, you can't afford to drive. The only time your deluded self-appraisal of risk matters is if you are trying to decide to purchase accident coverage on your own vehicle and even then if it is financed, it's not optional to you.

You need a lawyer. Since you are likely facing a substantial jail sentence (unless the DA is going to forgo that), you may qualify for a public defender. Ask for one at trial.

The judge is not going to believe you lies in light of your sociopathic behavior. Positive actions such as clearing your revocation (not just doing the assessment, but fully paying to have your license reinstated, which will also include showing you now have legal insurance) might help, but there are no guarantees.

You do know they already gave you a monumental break (in addition to letting you skate free on your previous recidivism) by not impounding your vehicle?

Rather than taking the self-centered view that life is hard on you, be assured that you've been given a ton more breaks than a criminal like you deserves.
Sorry I have no clue on laws but if there's already evidence that I broke the law, how would a lawyer help? And also, it happened about an hour away from where I live so it's in a different court. Would I have to get a public defender there or can I contact a public defender in my town so I can actually talk face to face?
 

not2cleverRed

Obvious Observer
Sorry I have no clue on laws but if there's already evidence that I broke the law, how would a lawyer help? And also, it happened about an hour away from where I live so it's in a different court. Would I have to get a public defender there or can I contact a public defender in my town so I can actually talk face to face?
That's why you need a lawyer.

You appear at the court that has jurisdiction. You get a public defender there too. The fact that it is inconvenient for you... well, look in the mirror.
 

TheGeekess

Keeper of the Kraken
Sorry I have no clue on laws but if there's already evidence that I broke the law, how would a lawyer help? And also, it happened about an hour away from where I live so it's in a different court. Would I have to get a public defender there or can I contact a public defender in my town so I can actually talk face to face?
And whatever you do: Seek an alternative form of transportation. :cool:
 
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