Legal Question in Traffic Law in Wisconsin

Operating While Revoked, 3rd offense.

Hello a while back I received two OWR's within two months of eachother. According to my wiccap, they are both considered my 3rd offense. I was arrogant , and afraid of jail so I avoided the court date.

I now have two warrants and am going to turn myself in, post bond, and set a court date.

My questions are, can I avoid Jail? Should I get lawyer? What am I looking at as far as penalties?

I have no other criminal past besides minor driving offenses and my license was only revoked because of speeding and failure to pay tickets when I was 17.


Asked on 4/20/09, 7:43 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Active Bench Warrants for Operating While Revoked, 3rd Offense

Any time a person turns himself in on active arrest warrants, a lawyer is a good idea. Although one is not required, a judge is apt to favorably view the fact that you had enough concern to hire one, since this indicates that you are taking your legal affairs seriously (for a change). If your OAR's are not OWI related, a good traffic/criminal lawyer should be able to keep you out of jail and possibly even avoid your getting any demerit points, assuming that you can reinstate your license. Missing court and/or picking up a new charge while out on bond for any pending charge, however, can sometimes lead to a totally new charge known as bail jumping. This one is far more serious than operating after revocation, as it is a full blown misdemeanor rather than being a mere traffic misdemeanor, punishable by up to nine months in jail and a $10,000 fine. I have no idea if you are exposed to such a charge or not, but odds are that having a lawyer can help you avoid getting charged with it. These comments are not intended as legal advice for you unless you subsequently retain me.

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Answered on 4/20/09, 8:52 am


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