March 21, 2018 – Moving safely and efficiently on roadways requires knowledge about road sign shapes and colors. Similarly, representing drivers requires a thorough understanding of traffic law.

Whether you’re trying to help someone apply for a license, decipher a citation, or defend against an impaired-driving charge, Traffic Law and Practice in Wisconsin from State Bar of Wisconsin PINNACLE® prepares you to respond to clients, relatives, and friends with concerns about licenses and driving.

Prospective drivers should get behind-the-wheel training from skilled instructors. Traffic Law and Practice is the equivalent education for prospective traffic-law practitioners. The book’s eight chapters cover topics including moving traffic violations, statutory procedures, the implied consent law, chemical tests for intoxication, and defense of alcohol-related driving cases. Among the appendix materials are a list of traffic safety schools, Wisconsin Department of Transportation charts and forms, and blood alcohol charts.

Revised in 2017 by attorneys with experience in government, the judiciary, and private practice, Traffic Law and Practice helps all lawyers – novices to experts – navigate the system, whether you’re trying to help someone apply for a license, decipher a citation, or defend against an impaired-driving charge.

What Makes a ‘Real ID’ Real?

You’ve probably been hearing about Real IDs for many years now. The implementation process has been so slow, however, that you might question the reality of this type of driver’s license.

But, Real IDs are here to stay. Section 1.7 of Traffic Law and Practice lists the necessary documentation (most notably, proof of citizenship, legal permanent resident status, conditional resident status, or legal presence in the United States) to obtain a Real ID-compliant driver’s license.

Anyone still without a Real ID must locate and bring with such proof when applying for a first Wisconsin license or renewing a current license.

Not sure if a license is compliant yet? Take a look at it. According to Chapter 1, “These IDs are facially distinctive: They bear a white star within a yellow circle in the upper right-hand corner of the license. This federal logo indicates Real ID compliance. The Wisconsin DOT also issues noncompliant licenses that lack this symbol and are not valid for federal identification purposes.”

Do I Need a CDL to Drive a Truck?

That depends on what the truck carries and how much it weighs.

A person must have a CDL (commercial driver’s license) to legally operate a commercial motor vehicle (CMV). Chapter 3 of Traffic Law and Practice defines commercial motor vehicle (CMV) as a vehicle “designed or used to transport persons or property,” and having one or more weight or capacity characteristics based on gross vehicle weight rating (GVWR), number of passengers, and use in transporting hazardous materials.

A person new to CMV driving might wonder how many licenses he or she needs. The answer is one. “[A] Wisconsin driver is limited to holding only one driver’s license, which evidences all of the driver’s driving privileges.” And if you don’t operate a CMV, you might have noticed that your own driver’s license states on the back that you are limited to driving only noncommercial vehicles.

My Buddy Got an OWI! What Happens Now?

When you hear “OWI,” you might think “drunken driving.” But the term – short for operating a motor vehicle while under the influence of an intoxicant or other drug – encompasses not just the traditional scenario of a person drinking a few beers and then being stopped by an officer while weaving down the highway.

Chapter 6 of Traffic Law and Practice fleshes out the relevant statutes, giving you a guide to the details to focus on when assisting a client who has received a citation for operating under the influence.

Hint: as a preliminary step, it’s important to find out what a citation actually says. If the citation uses only the term “OWI,” the court might dismiss it. According to Chapter 8:

“Descriptions such as ‘OWI,’ ‘DWI,’ ‘DUI,’ or ‘operating under the influence’ do not distinguish between operating under the influence of an intoxicant, a controlled substance, a controlled-substance analog, or a combination thereof, and have been held insufficient.”

What if your client says she wasn’t “driving” because her car was at the side of the road, not moving, when the officer approached her?

According to Chapter 6, the fact that the car wasn’t moving might be insufficient to absolve the driver:

“… a description of operation that more precisely tracks the statutory definition is one that includes starting the vehicle’s engine, allowing it to run, or activating or manipulating any mechanical or electrical agency that alone or in sequence could set the vehicle in motion.”

Even if the car is moving, erratic movements (like weaving) aren’t required for the driver to receive an OWI charge: “Demonstrable interference with the operation and control of the vehicle is not an element of the OWI offense.”

Order Today!

Traffic Law and Practice is available both in print and online via Books UnBound®, the State Bar’s interactive online library. The print book costs $219 for members and $269 for nonmembers (both plus tax and shipping).

Online access to this resource through Books UnBound costs $159 for members and $199 for nonmembers (single-user prices; call for firm pricing). Subscribers to the State Bar’s automatic supplementation service will receive future updates at a discount off the regular price.

For more information or to place an order, visit WisBar’s Marketplace, or call the State Bar at (800) 728-7788 or (608) 257-3838.