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Chapter 8. Traffic Code

Sec. 8-02. Driving after license revoked or suspended.

(1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state including an occupational license, or the person' operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law. No person may operate a commercial motor vehicle while disqualified as provided in 343.315 Wis. Stats.

(2) This section applies only to a person' first act of driving after revocation or suspension, except where the revocation or suspension that is the basis of the violation was imposed solely due to a failure to pay a fine or a forfeiture.

(3) Refusal to accept or failure to receive an order of revocation or suspension mailed by first class mail to such person' last known address shall not be a defense to the charge of driving after revocation or suspension. If the person has changed his or her address and fails to notify the department as required in 343.22 Wis. Stats., failure to receive notice of revocation or suspension shall not be a defense to the charge of driving after revocation or suspension.

(4) In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien.

(5) If a motor vehicle impounded under subsection (4) of this section is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.

(Code 1982, 7.015)