State v. Hoppe
State v. Hoppe
Opinion of the Court
¶ 1. Jack Hoppe appeals a judgment of conviction for seventh-offense operating while intoxicated, and an order denying his postconviction motion. Hoppe argues the court exceeded its authority by prohibiting Hoppe from driving a motor vehicle as a condition of extended supervision. Hoppe contends the
BACKGROUND
¶ 2. Hoppe was convicted of seventh-offense OWL In November 2012, the circuit court sentenced him to nine years' imprisonment, split evenly between initial confinement and extended supervision. However, because the sentence was ordered to be served consecutive to prior sentences, Hoppe's extended supervision date is in June 2017, and his maximum discharge date is in June 2026.
¶ 3. At sentencing, the court also granted the State's request to revoke Hoppe's motor vehicle operating privileges for the maximum three years permitted by Wis. Stat. § 343.30(lq)(b)4.,
DISCUSSION
¶ 5. Hoppe contends the circuit court lacked authority to order a condition of supervision prohibiting him from operating a motor vehicle. Specifically, he argues a court's broad authority to fashion appropriate conditions of extended supervision is limited by the Wis. Stat. § 343.30 provisions concerning suspension and revocation of operating privileges by the courts.
¶ 6. Interpretation and application of statutes to undisputed facts present questions of law subject to de
¶ 7. "[T]he court may impose conditions upon the term of extended supervision." Wis. Stat. § 973.01(5). Under this authority, the court has " 'broad, undefined discretion'" to impose any reasonable, appropriate, and legally correct condition. State v. Galvan, 2007 WI App 173, ¶¶ 8, 10, 304 Wis. 2d 466, 736 N.W.2d 890 (citations omitted). The conditions must further the goals of extended supervision, i.e., the defendant's rehabilitation and protection of the public. State v. Agosto, 2008 WI App 149, ¶ 12, 314 Wis. 2d 385, 760 N.W.2d 415. Here, there is no dispute that the condition prohibiting Hoppe from operating a vehicle was reasonable, appropriate, and designed to protect the public.
¶ 8. Nonetheless, a sentencing court cannot impose what might otherwise be a reasonable and appropriate condition of supervision, if doing so would conflict with another statutory provision. See State v. Larson, 2003 WI App 235, ¶ 6, 268 Wis. 2d 162, 672
¶ 9. The parties' dispute centers on the following provisions. "If a person is convicted [of OWI] under s. 346.63(1) .. . the court shall proceed under this subsection." Wis. Stat. § 343.30(lq)(a) (emphasis added). For third and subsequent OWI convictions "the court shall revoke the person's operating privileges for not less than 2 years nor more than 3 years." Wis. Stat. § 343.30(lq)(b)4. (emphasis added). "No court may suspend or revoke an operating privilege except as authorized by this chapter [or other statutes not applicable here]."
¶ 10. The State adopts the circuit court's rationale for determining Wis. Stat. § 343.30(5) did not bar a court-ordered supervision condition prohibiting operation of a motor vehicle. The court explained:
Mr. Hoppe's argument falls apart, however, when one looks at the statutory definition of the term begin quote "operating privilege" end of quote. That term has been statutor[ily] defined as "the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person . ..." [Wis. Stat. §] 340.01(40). The only aspect of Mr. Hoppe's sentence that is encompassed in chapter [343] is his ability to get a license. The Court's condition of extended supervision that he not drive or operate a motor vehicle does not impact Mr. Hoppe's ability to get a license.
¶ 12. However, it is the State's argument that falls apart upon further scrutiny. By definition, "operating privilege" does not mean just the physical license document.
¶ 13. The privilege to operate noncommercial vehicles is further described by statute, albeit in negative form: "No person may operate a motor vehicle which is not a commercial motor vehicle upon a highway in this state unless the person possesses a valid operator's license issued to the person by the department which is not revoked, suspended, canceled or expired."
¶ 14. We have already concluded, based upon plain statutory language, that a court may not restrict a person's right to operate a vehicle, except as provided in Wis. Stat. § 343.30(5). Our interpretation is also buttressed by another subsection. If the State's interpretation was correct, then the legislature would have had little need to create the following provision:
A court may suspend a person's operating privilege upon conviction of [various sex crimes] if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension shall be for one year or until discharge from*229 prison or jail sentence or probation, extended supervision or parole with respect to the offenses specified, whichever date is later.
Wis. Stat. § 343.30(2d). If a court had independent authority to impose conditions of supervision restricting operating privileges in any case where it deemed it appropriate, then it would be peculiar indeed for the operator's license statutes to grant courts an essentially duplicate authority, particularly in a class of crimes that are generally unrelated to vehicles. The State's interpretation would impermissibly render the "probation, extended supervision or parole" language of subsection (2d) mere surplusage. See Kalal, 271 Wis. 2d 633, ¶ 46.
¶ 15. Finally, we observe our interpretation is consistent with State v. Darling, 143 Wis. 2d 839, 422 N.W.2d 886 (Ct. App. 1988). There, the issue was whether a court had inherent authority to impose restrictions upon an occupational license beyond the restrictions authorized by statute. Id. at 841. We concluded the court had no such authority, explaining:
Here, the regulation of motor vehicle operating privileges is a function of the legislature and not the courts. Because this area is controlled exclusively by the legislature, and not a court function, the court is confined to those powers vested by the statute. The statute enumerates restrictions that the court can impose and is devoid of any language granting discretionary power to impose additional restrictions.
Id. at 844. Similar to Darling, here Wis. Stat. § 343.30(5) does not enumerate a specific exception authorizing courts to restrict operating privileges as a condition of supervision.
By the Court. — Judgment affirmed in part; reversed in part; order reversed; and cause remanded with directions.
When serving multiple sentences, a defendant's consecutive extended supervision terms are aggregated into one continuous term of extended supervision, which the defendant continues to serve until the discharge date. See Wis. Stat. § 302.113(4); State v. Collins, 2008 WI App 163, 314 Wis. 2d 653, 760 N.W.2d 438.
All references to the Wisconsin Statutes are to the 2011-12 version unless otherwise noted.
Wisconsin Stat. § 343(lq)(b)4. provides that for third and subsequent OWI convictions "the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years."
Wisconsin Stat. § 343.30(5) provides: "No court may suspend or revoke an operating privilege except as authorized by this chapter [or other statutes not applicable here]."
As context, we note Wis. Stat. ch. 343 is titled "OPERATORS' LICENSES," and is divided into six subchapters. Sub-chapter III, titled "CANCELLATION, REVOCATION AND SUSPENSION OF LICENSES," includes Wis. Stat. § 343.30, titled "Suspension and revocation by the courts."
The parties agree none of the other chapters or statutes listed in Wis. Stat. § 343.30(5) are applicable here.
We note that when setting forth standards concerning the physical license document, the legislature specifically refers to the "license document." See Wis. Stat. § 343.17(2) (titled, "License DOCUMENT.").
The statute also defines "Operator," which "means a person who drives or is in actual physical control of a vehicle." Wis. Stat. § 340.01(41).
" 'Department means the department of transportation." Wis. Stat. § 340.01(12).
The parties have not addressed the propriety of a judicial restriction of a person's right to operate a vehicle not upon the public highways. We therefore do not address it either.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.