State v. Scholwin
State v. Scholwin
Opinion of the Court
The defendant was stopped by a state patrol officer for a noisy muffler. The officer asked to
Sec. 343.43 (1) (a), Stats., prohibits representing as valid a canceled, revoked, suspended, fictitious or fraudulently altered license. This presupposes that a fraudulently altered license is invalid. There is no statute expressly providing that a fraudulently altered license is invalid. However, under sec. 343.25 (1), the commissioner of motor vehicles may cancel any license which was issued on an application containing a false statement as to any material matter. Sec. 343.17 (1) prescribes the contents of a driver’s license. The date of birth is one of the prescribed contents.
The county and circuit judges treated sec. 343.43, Stats., as what the attorney general argues it is, a statute imposing strict liability. The history of the statute requires a different interpretation. Its predecessor was sec. 85.08 (35) (a), which made it a misdemeanor “to display or cause or permit to be displayed or have in his possession any suspended, revoked, canceled, fictitious or fraudulently altered driver’s license.” When the present statute was enacted in 1957 the Legislative Council had this to say:
“The present provision seems too broad because it makes criminal merely having a revoked, suspended, or canceled license in one’s possession or the displaying of such a license. The provision in sec. 343.35 making it a crime to fail to surrender a revoked, suspended, or canceled license upon demand plus the provisions of sub. (1) (a) of this section are sufficient.” 1970 Wisconsin Annotations, p. 1797.
Whether a licensee is twenty or twenty-one has no relation to the granting of driving privileges. The evidence in this case is insufficient to support the conviction.
The judgment is reversed.
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