Brown Bag CLE Series

Eliminating a Barrier to Employment

through Driver’s License RecoveryPresented by:

Molly Gena, Legal Action of WisconsinThursday, September 11, 2014

Online Viewers…• Problems streaming? Try using another browser.

• Submit questions to the presenter by clicking on the speech bubble icon at the bottom of the screen.

• An attendance code will be read in two parts during the presentation. – CLE credit is only available for live viewing.

– To be eligible for CLE credit, report both parts of the attendance code into the the online attendance form immediately following the presentation.

– http://law.marquette.edu/mvlc/attendance-form

Why a driver’s license matters

• Many jobs and applications require a valid driver’s license (even if they aren’t driving jobs).

• Many Milwaukee residents have jobs outside of Milwaukee and need a license to get to them.

• Understanding that a valid driver’s license is necessary to obtain and retain most jobs, the Center for Driver’s License Recovery and Employability (CDLRE) provides free case management and legal services to qualified individuals with a suspended or revoked Wisconsin driver’s license.

Types of Licenses- Class D• Instructional Permit- valid for 1 year

– Must be at least 15 ½.– If under 18, must take driver’s education.– Must pass knowledge, signs, vision tests.– Must be accompanied by someone in front seat who has had license for at least 2 years,

presently holds a valid regular (non-probationary) license and is one of the following:• qualified instructor who is at least 19;• a parent/guardian/spouse who is at least 19; or• a person other than a parent, legal guardian, or spouse who is at least 21 (no other passengers are

allowed).

• Probationary License- expires 2 years from next birthday– First license issued to everyone, no matter how old they are.– Points double for moving violations, except for the first violation.– Additional restrictions if under 18.

• Regular License• Occupational License- restricted license that limits where and when you can drive

– Can only drive to and from work or church or can drive for childcare during specific time periods.

– Limited to 12 hours per day and no more than 60 hours per week.– Requires SR-22 insurance and must have a suspended or revoked license.

Barriers to Driver’s Licenses

• You can lose your driver’s license before you even get it.• Suspension/Revocation

– Failure to pay forfeiture (FPF): 2 years, Wis. Stat. §§ 354.47(1)(b), 800.095(1)(a).

– Demerit points: 2 months-1 year, Wis. Stat. § 343.32(2).– Uninsured accidents: 1 year or 5 years, Wis Stat. Chapter 344.– Alcohol and drug-related suspensions: Can be indefinite.

• Anyone convicted of an operating while intoxicated (OWI) related offense is required to complete an alcohol and drug (AODA) assessment.

• Drivers must then comply with the driver safety plan.

– Court-ordered Suspension/Revocation for Operating While Suspended or Operating While Revoked: 6 months, Wis. Stat. § 343.30(1g).

– Child support: 5 years.– Habitual traffic offender: 5 years, Wis. Stat. Chapter 351.– SR-22 insurance: May be required for 3 years.

SR-22 Insurance

• Safety Responsibility insurance vs. mandatory vehicle liability insurance.

• Required for 3 years to reinstate after some suspensions and revocations:– All revocations except for non-compliance with assessment

interview or driver safety plan and first OWI conviction.

– Damage judgment and safety responsibility suspensions.

• Must continue to file the SR-22 insurance for 3 years or license will be suspended.

• Required to obtain occupational license.

• Traffic tickets– Most common

• Operating While Suspended/Revoked• No Insurance• Speeding

– Municipal vs. circuit court• Traffic tickets go to municipal court if pulled over by municipal

police. • Otherwise, if pulled over by sheriff, state patrol, or municipal

police in a jurisdiction that doesn’t have its own municipal court, the tickets will be in circuit court.

– Forfeitures• Deposit amount set by judicial conference.• Paying a ticket does not necessarily solve the problem.

– Remain on driving record for 5 years, except that OWI’s remain on driving record for 55 years.

Pause For Attendance Code & Announcement

The speaker will read part one of the attendance code for online viewers.

Driver’s License Recovery

• Figure out the problem– Order driving record from Department of

Transportation (DOT): online or by mail (for a fee), form MV2896.

– DOT public site:https://trust.dot.state.wi.us/orsm/customerSearchPage.do

– Call the DOT:608.266.2261 or 608.264.7133

– CCAP and Milwaukee Municipal Court websites

• How to deal with the problem(s)– Failure to pay forfeiture suspensions

• Pay the ticket.

• Payment plan: Wis. Stat. §§ 345.51, 800.09(3), 800.095(4)

• Community service: Wis. Stat. §§ 800.09(1g), 800.095(1)(d), 800.095(4).

• Let suspension expire.

• Poverty: § 800.095(1)(a)5.

– Demerit points• Point reduction class

• Reopen cases– Municipal Court: Wis. Stat. §§ 800.115 and 806.07(1).

– Circuit Court: Wis. Stat. § 345.51.

– Usually there is a six-month deadline to reopen.

Demerit PointsPoints accumulated in 12-month period

Length of Suspension ifdoesn’t hold a Regular License

Length of Suspension if holds a Regular License

12-16 points 6 months 2 months

17-22 points 6 months 4 months

23-30 points 6 months 6 months

More than 30 points 1 year 1 year

– Uninsured accidents• Safety Responsibility suspension (administrative)- 1 year.

• Damage judgment (court-ordered)- 5 years.

• Pay off debt, payment plan, file for bankruptcy, may be able to reopen.

– Habitual Traffic Offender• 5 year revocation for 4 major violations or 12 minor

violations within a 5-year period.

• Includes moving violations, but Operating While Suspended and Operating While Revoked tickets are not included.

• May apply for occupational license after two years by petitioning circuit court.

• May be able to reopen enough cases to release the revocation.

• To Reinstate - $60 fee

• Referral to CDLRE/Legal Action of Wisconsin

– Center for Driver’s License Recovery and Employability

• 414.297.6407

• MATC- Foundation Hall 8th Floor, 1027 N. 7th Street

– Legal Action of Wisconsin

• 414.278.7722

• 230 W. Wells Street, #800

CDLRE Referrals

• To qualify for our program:Wisconsin Class D driver’s license must be suspended or

revoked.

Must be a Milwaukee County resident and at least 18 years old.

Must be under 200% of the federal poverty level.

No pending charge of Operating While Intoxicated (OWI) and no current revocation for OWI (required assessment due to past OWI permitted).

If no valid license in past 8 years, must have completed DMV written/knowledge test within past 12 months.

Cannot have obtained license through our program before.

Other Resources

• New Concept Self-Development Center offers monthly classes to assist individuals in passing the knowledge test: 414.344.5788 ext. 23

• Impact provides Milwaukee County AODA assessments: 414.443.6000

• MATC offers traffic safety courses, including point reduction, defensive driving, and group dynamics classes for OWI convictions: 414.297.6235

Final Attendance Code

The speaker will read part two of the attendance code for online viewers.