Legal Question in Criminal Law in Wisconsin

Wisconsin Administrative Driver's License Suspension

Hello,

I am an attorney in Minnesota. My client's license was revoked in WI several years back, and this revocation is being used to enhance a Minnesota DWI.

I am curious as to the nature of Wisconsin license suspension (administrative review). Can a petitoner cross-x witnesses, what is admissible evidence, are the rules of evidence followed.

Thanks!


Asked on 11/26/08, 12:16 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Wisconsin Administrative Driver's License Administrative Suspension Proceedings Before DOT, OWI Cases

Wisconsin Administrative Driver's License Administrative Suspension Proceedings Before DOT, OWI Cases

Send me a private email and I will happily reply with a copy of the statutes. A distinct odor of Kangaroo usually persists in the WI DOT's administrative review courts; over which a local DOT "counter" employee normally presides. I have not reviewed the statute just recently, however, there was a right to testify and present evidence the last time I looked. What has recently been added is an obligation to appear; formerly we could request a "paper review" which we sometimes won if the arresting agency did not submit the reports to the DOT on time. There never has been any right of confrontation or cross examination; the hearsay police reports are admitted into evidence.

Read more
Answered on 11/30/08, 2:23 pm


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin