1. (1) Three demerit point reduction for completion of qualified class. In accordance with the authority in s. 343.32 (5), Stats., and the requirements of this section, the points assessed to a person’s driver record shall be reduced by 3 points or by the number of points accumulated up to 3, upon application for a demerit point reduction and satisfactory completion of any of the following:

   1. (a) A department-approved course of instruction at a traffic safety school.
   2. (b) A department-approved course of instruction in defensive driving or similar course.
   3. (c) Driver improvement counseling conducted under the program authorized by s. 110.08, Stats.

   4. (d) A motorcycle rider course offered under s. Trans 129.03 provided that the person has not had a prior point reduction resulting from attending a motorcycle rider course.

      Note: See ch. Trans 106 concerning authorization, approval and administration of traffic safety schools and defensive driving courses.

2. (2) Certification of course completion. The instructor or counselor who conducts a course or counseling program under sub. (1) (a) to (d) shall file a certification of course completion with the department. A separate certification shall be provided to the department for each individual in the course. The certification shall be on the form prescribed by the department and must be made within 30 days of satisfactory completion of the course in order to qualify for point reduction. A copy of the completed certification form shall be furnished to the student, another copy sent to the court or assessment agency, if either assigned the student to the school, and one copy shall be retained by the school. The department may approve the use of a reproduction of this form, at the request of a school, including computerized versions. The certification shall be considered proof of course completion and may include an indication of whether the student is requesting a demerit point reduction under this section.

3. (3) One reduction maximum in any 3-year period. Each person may seek only one point reduction under this section in a 3-year period. A point reduction shall be considered to have been sought under this subsection once the department has posted the course completion to the person’s driver record, regardless of whether the driver’s demerit point total is actually reduced. When appropriate, the department will apply the point reduction in a manner that permits the department to release a point suspension already in effect, prevents a suspension that would otherwise be imposed under this chapter from taking effect, or reduces points that may have accumulated on the person’s driver record prior to the date of course completion due to violations that occurred before the date of course completion.

   Note: For example, if a driver who is suspended with 13 points completes a course, the driver’s point reduction shall be applied to reduce his point total to 10 points and the case will be released. (Potentially making the driver eligible for reinstatement if the driver is otherwise eligible for licensing). Similarly, a driver who has accumulated 10 points and attends traffic safety school would receive the 3-point reduction to seven points. If the driver then received a 4-point assessment for a violation, the driver’s point total will be 11 points and the driver will not be subject to suspension. If a driver has 2 or fewer demerit points on the driver’s record before attending driver school and accumulates an additional 12 demerit points after course completion, the Department will apply the demerit point reduction only to reduce the 2-point total the driver had before attending the school. [See subs. (1) (intro.) and (5)] Thus, upon using the reduction, this driver’s demerit point total would be 12 points and the driver would be subject to a demerit point suspension.

4. (5) Driver records with fewer than three assessed demerit points. In those instances where the person successfully completes an approved course and is otherwise entitled to point reduction and the person’s record has less than 3 points, the person’s record will be reduced by the number of points on the record. No credit will be applied toward future point assessments nor shall the opportunity be given to have the point total reduced again within a 3-year period.
5. (6) Notice regarding point reduction. The department may notify individuals of the opportunity for point reduction under this section.
6. (7) Credit applies as of the date of course completion. Any demerit point credit granted under this section shall be applied as of the date the instructor certifies the student successfully completed the course.
7. (8) Point case release resulting from point reduction. The department shall release a point case suspension of a driver who was suspended for demerit points if application of a point reduction under this section results in the total assessed demerit points on the person’s driver record being less than 12 demerit points.

8. (9) Reduction applies only to point assessments based on prior violations. Demerit point reductions under this section shall apply only to demerit points assessed as a result of convictions for violations that occurred on or before the date of course completion. Demerit point reductions under this section resulting from attending a motorcycle rider course shall apply only to demerit points from convictions for offenses which were committed by the driver while operating a class “M” vehicle on or before the date of the course completion. Demerit points for violations occurring after the date of course completion shall be added to any current demerit point value and may not be reduced by a credit granted under this section as a result of attending that course.

   Note: A person who commits violations after course completion may be able to retake the course or take a different course for point reduction, provided the person does not seek more than one reduction in a 3-year period.

9. (10) Fees. A person seeking the point reduction under this section shall be responsible for any and all fees charged for any course the person attends.

History

History: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from MVD 11.08 and am. (1) to (9), cr. (10), Register, June, 1981, No. 306, eff. 7-1-81; am. (1), (2) and (8), cr. (11), Register, March, 1990, No. 411, eff. 4-1-90; r. (6), renum. (7) to (11) to be (6) to (10) and am. (8), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct error in (8), Register, October, 1991, No. 430; cr. (1) (d), am. (2) and (9), r. (4), Register, March, 1994, No. 459, eff. 4-1-94; CR 07-081: am. (1) (intro.), (a) and (b), (2), (3), (5), (9) and (10), r. and recr. (6) to (8) Register June 2008 No. 630, eff. 7-1-08.