Have You Been Designated as a Habitual Traffic Offender?

 Posted on December 27, 2024 in Criminal Defense

The first speeding ticket was issued in 1899 when a driver in downtown Manhattan was caught driving 12 mph in an 8-mph zone. Speeding tickets are, by far, the most commonly received traffic ticket across the United States, with about 11 percent of all adult drivers receiving at least one speeding ticket. A speeding ticket not only costs an average of $150 but can increase auto insurance rates by as much as 25 percent.

Traffic tickets are the most common way most Americans interact with law enforcement. Out of the nearly 200 million licensed drivers in the United States, about one out of every five will receive a traffic ticket within any given year. Wisconsin Rules of the Road statute gives drivers a good idea of which driving behaviors in the state could result in a traffic citation.

Only about 5 percent of all traffic citations are contested in court, with the vast majority simply being paid by the recipient. Interestingly, a person who receives one traffic violation ticket – especially a speeding ticket – is likely to receive more traffic violations.

Paying a traffic violation ticket is rarely the best way to go and can have significant, unintended consequences, including being labeled a habitual traffic offender. A Walworth County, WI traffic violation lawyer can help you determine the best course of action with the fewest long-term consequences.

What Makes a Driver a Habitual Traffic Offender?

Wisconsin identifies drivers who repeatedly break traffic laws as habitual traffic offenders. There can be serious repercussions for a driver labeled a habitual traffic offender, including losing driving privileges for an extended period. A habitual traffic offender is one who accumulates 12 "regular" traffic violations or four major traffic violations within a five-year period – or a combination of major and minor traffic violations.

Each traffic offense adds points to a person’s driving record, with 12 points within 12 months resulting in a driver’s license suspension. Habitual offender status is even more serious. In-state and out-of-state traffic violations are included in the major traffic violation category, which include:

• Driving while impaired (OWI/DUI)
• Fleeing from a police officer in a motor vehicle
• Any felony that involves the use of a motor vehicle
• Refusal of a chemical test after being arrested for OWI or DUI
• Hit-and-run offenses when a person is injured
• Vehicular manslaughter or vehicular homicide convictions
• Reckless driving when a person is injured as a result of the recklessness or a person’s safety is jeopardized.

Minor traffic violations are only those received in the state of Wisconsin and can include speeding, lane deviation, following too closely, passing illegally, cell phone use while driving, failure to stop for a school bus, driving against traffic on a one-way street, failure to obey traffic sign or signal, and more.

What Are the Penalties for Habitual Traffic Offender Designation?

Those designated as habitual traffic offenders will have their driver’s license revoked for five years. After two years have passed, the individual can apply for an occupational driver’s license that would allow them to drive to and from work or for certain family-related purposes.

The revocation happens automatically, with no "warning" given to the person. If a person who has been found to be a habitual traffic offender is caught operating a motor vehicle, he or she could face a fine of up to $5,000, up to 180 days in jail, a $2,500 fine, and additional time added to the five-year license suspension.

Contact a Milwaukee County, WI Traffic Violation Lawyer

It is important not to let your traffic violation tickets accumulate. Speak to a knowledgeable Jefferson County, WI traffic violation attorney to determine your options. Attorney Bucher spent two decades as the Waukesha County District Attorney, giving him a unique perspective that can potentially alter the outcome of your traffic tickets. Attorney Bucher has litigated some of the most high-profile, complex cases in the state of Wisconsin. Contact Bucher Law Group, LLC at 262-303-4916 to schedule your free consultation to discuss your issues.