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Latest News from Wisconsin & Illinois
800 Law Enforcement Agencies Get Right of Way Law Information
Posted on Aug 27, 2009
Posted 11/30/2007
Attorney Hupy mailed a two page explanation of Wisconsin Act 466 to over 800 law enforcement agencies on behalf of ABATE of Wisconsin. Act 466 makes changes to Wisconsin law regarding right of way violations, among other things.
Specifically, ABATE was concerned about the number of accidents caused by other drivers infringing on the right of way of motorcyclists. Parts of The Act call for increased fines, license suspension and mandatory education classes for violators. Newspaper articles and first hand accounts of accidents suggested that the new penalties were not being applied.
In an effort to inform the various law enforcement agencies of the new law, Attorney Hupy mailed letters of explanation to all the law enforcement agencies in the state, totaling over 800.
In addition, it was learned that there was no mandatory appearance requirement for right of way violations, allowing offenders to simply enter a no contest plea and mail the fine back to the courts, thus avoiding the new penalties. The new language in the statute is clear: if a person violates s.346.18 and the violation results in bodily harm, great bodily harm or death, the person “shall” forfeit between $200 and $1,000 and “shall” have his or her operating privileges suspended as provided.
In an effort to correct the loophole in the statute, Tony “Pan” Sanfelipo, accident investigator for Hupy and Abraham, S.C., has been working with state lawmakers and ABATE to amend the statute and clarify the legislative intent.
