Section 343.28. Courts to report convictions and forward licenses to the department.

 

(1)  Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349 , the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48 , forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73 , or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.

(2)  Whenever a person is convicted of any offense for which s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred may require the surrender to it of any license then held by such person. If the court requires surrender of a license, the court shall destroy the license. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48 , forward to the department the record of conviction, which shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73 , or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.

(3)  If a person is convicted of committing a violation as defined by s. 343.30 (6) (a) , the clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in s. 345.48 , forward to the department the record of conviction.

(4)  Any person who fails to comply with any provision of this section relative to forwarding records of convictions to the department may be fined not more than $100 or imprisoned not more than 6 months or both.

1971 c. 278 ; 1977 c. 29 s. 1654 (7) (a) , (c); 1977 c. 273 ; 1979 c. 331 ; 1989 a. 105 ; 1995 a. 113 ; 1999 a. 140 ; 2003 a. 33 ; 2009 a. 103 .