01-2870 County of Fond du Lac v. Derksen

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“To the contrary, both this court and the Wisconsin Supreme Court have repeatedly recognized that the operation of a motor vehicle is a privilege properly regulated by the state. …And when that privilege is abused by operating without a valid operator’s license, such conduct can even be prosecuted criminally without violating any constitutional protections….

“The licensing requirement offers a degree of assurance that the roadways will be safe, thereby enhancing and promoting the goal of safe travel to all. Derksen’s claim to a special exemption from this requirement denigrates, rather than promotes, the constitutional right to travel generally and the privilege of operating a motor vehicle specifically. Derksen wants to elevate his constitutional right to travel at the expense of others. We reject that attempt.”

Defendant was properly convicted of operating after suspension of his operating privileges under the ordinances of the county.

Affirmed.

Recommended for publication in the official reports.

Dist II, Fond du Lac County, English, J/, Nettesheim, P.J.

Attorneys:

For Appellant: Kevin C. Derksen, Brandon

For Respondent: Kevin G. Crowley, Fond du Lac