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MKE city council calls for action after investigation

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Across Milwaukee and Wisconsin, drivers caught without a license will continue to receive tickets instead of criminal charges. The most recent example: 24-year-old Ellastaysha Harris. Prosecutors say Harris was driving recklessly near Appleton Avenue and Burleigh on Saturday evening. A criminal complaint states that Harris drove straight across a right-turn lane to avoid other traffic before colliding with another vehicle. The driver of that vehicle, Jason Stark, was killed while on his way to deliver newspapers to the Milwaukee Journal Sentinel. Harris is charged with second-degree manslaughter, knowingly operating a motor vehicle while suspended, resulting in death, and two counts of second-degree manslaughter endangering safety. A criminal complaint states that she had six traffic tickets before the accident. According to the Wisconsin Department of Transportation, Harris never had a license. Many refer to this as the mistake or loophole in state law. A driver without a license will usually be issued a ticket for “driving without a license” the first time they are stopped. The first offense is a traffic ticket. The second offense within three years is a misdemeanor. However, so many drivers do not pay the first OWL ticket that their non-existent driver’s license is revoked. Then the next time they are stopped, the officer will issue them a ticket because their status will be shown as suspended. A ticket for operating during lockdown is a ticket, whether it’s the first one or dozens. “It’s outrageous,” said Alderman Scott Spiker, who represents Milwaukee’s 13th District and is head of the Public Safety and Health Committee. “It sounds like there are some technicalities that are literally keeping people on the streets who should be staying away and killing people.” Milwaukee police and other agencies across the state tell 12 News they believe they must legally issue the ticket because the driver’s status is technically suspended. At least one agency, the Dodge County Sheriff’s Office, writes the second “operating without a license,” which is a criminal charge. “If the state wants to change it, the Milwaukee Police Department will change our policies on that,” said Capt. Brad Schlei, who leads the Milwaukee Police Department’s special patrol division. “But from now on we will stick to the guidelines and the status and write the ticket.” Another operation without a ticket will be prosecuted, but this is not usually the case. “The ticket really needs to be written here and a criminal charge needs to be filed that is at least available to the prosecutor,” Spiker added. After watching the previous 12 News investigations, Spiker already called the Milwaukee Police Department. He said he plans to invite the department and other stakeholders to the next Public Safety and Health Committee meeting to discuss the issue. In addition to city-level action, a state legislature is also taking action. Rep. LaKeshia Myers (D-Milwaukee) wrote a letter to Milwaukee County Chief Judge Carl Ashley, City of Milwaukee Chief Judge Phil Chavez and District Attorney John Chisholm asking them to review the guidelines and penalties for Check drivers who are caught without a license. Rep. Myers also called on the state Department of Justice to issue a statement and guidance for police departments.

WI —

Across Milwaukee and Wisconsin, drivers caught without a license will continue to receive tickets instead of criminal charges.

The most recent example: 24-year-old Ellastaysha Harris.

Prosecutors say Harris was driving recklessly near Appleton Avenue and Burleigh on Saturday evening. A criminal complaint states that Harris drove straight across a right-turn lane to avoid other traffic before colliding with another vehicle. The driver of that vehicle, Jason Stark, was killed while on his way to deliver newspapers to the Milwaukee Journal Sentinel.

Harris is charged with second-degree manslaughter, knowingly operating a motor vehicle while on probation resulting in death and two counts of second-degree recklessly endangering safety. A criminal complaint states that she had six traffic tickets before the accident. According to the Wisconsin Department of Transportation, Harris never had a license.

Many call this the error or the loophole in state law. A driver without a license will usually be issued a ticket for “driving without a license” the first time they are stopped. The first offense is a traffic ticket. The second offense within three years is a misdemeanor. However, so many drivers do not pay the first OWL ticket that their non-existent driver’s license is revoked.

Then the next time they are stopped, the officer will issue them a ticket because their status will be shown as suspended. A business interruption ticket is a traffic ticket, whether it’s the first ticket or the dozen.

“It’s outrageous,” said Councilman Scott Spiker, who represents Milwaukee’s 13th District and chairs the Public Safety and Health Committee. “It sounds like there are some technicalities that are literally keeping people on the streets who should be leaving and killing people.”

Milwaukee police and other agencies across the state tell 12 News they believe they must legally issue the ticket because the driver’s status is technically suspended. At least one department, the Dodge County Sheriff’s Office, writes the second “operating without a license,” which is a criminal charge.

“If the state wants to change it, the Milwaukee Police Department will change our policies on that,” said Capt. Brad Schlei, who leads the Milwaukee Police Department’s specialized patrol division. “But as of now, we will stick with the policy and status and write the ticket.”

Operating another business without a license will result in criminal charges, but it usually doesn’t get that far.

“There really needs to be a ticket issued here and a criminal complaint filed that is at least available to the prosecutor,” Spiker added.

After previously seeing 12 News investigations, Spiker already called the Milwaukee Police Department. He said he plans to invite the department and other stakeholders to the next Public Safety and Health Committee meeting to discuss the issue.

In addition to city-level measures, a state legislature is also taking action. Rep. LaKeshia Myers (D-Milwaukee) wrote a letter to Milwaukee County Chief Judge Carl Ashley, City of Milwaukee Chief Judge Phil Chavez and District Attorney John Chisholm asking them to review the guidelines and penalties for To check drivers who are caught without a license. Rep. Myers also called on the state Department of Justice to issue a statement and guidance for police departments.

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