Posted on March 14, 2020 in OWI

Since the 1980s, both state and federal agencies have attempted to reduce the number of drunk driving accidents that occur. For the most part, this has succeeded. In Wisconsin, there were nearly 30,000 alcohol-related traffic crashes in 1980. By the time 2015 rolled around, there were only 5,174 alcohol-related traffic crashes recorded in Wisconsin. Even though the number of drunk driving accidents decreased immensely, they still remain a significant safety issue. Wisconsin OWI laws are taken seriously and are often enacted to their full extent. That is why if you or someone you know is charged with OWI, it is crucial to hire an experienced criminal defense attorney to make sure your rights are protected. 

Implied Consent Laws in Wisconsin

Nearly every state in the United States has an implied consent law that requires drivers to submit to chemical testing if they are suspected to be driving while intoxicated. Wisconsin is no exception. If you are driving a vehicle in Wisconsin, you are deemed to have given your consent to submit to “one or more tests of blood, breath, or urine.” These tests are used to determine the amount of alcohol or drugs in your system, and they are typically performed after a person has been arrested on suspicion of drunk driving.

Continue Reading ››

 Posted on March 07, 2020 in Criminal Law

Since the United States was founded, citizens have always had the right to own and possess firearms. Although this right is guaranteed by the U.S. Constitution, there are certain restrictions that can limit some people from having a firearm or carrying a concealed weapon. Both the state of Wisconsin and the federal government have laws pertaining to eligibility for owning or possessing a firearm or legally carrying a concealed weapon. Citizens of Wisconsin are not only subject to Wisconsin laws involving firearms, but also federal laws. Violating these requirements can result in serious charges that can carry harsh penalties.

Eligibility For a CCW License

Wisconsin is one of the states that does not mandate its residents to have any type of permit or license to own or possess a firearm. While you can own a firearm without any additional state requirements, there are obligations that you must meet if you want to get a concealed carry weapon (CCW) license, which is necessary to legally carry a concealed weapon in the state of Wisconsin. To be eligible for a CCW license, you must:

Continue Reading ››

 Posted on February 12, 2020 in Parenting

Ending a marriage can be extremely difficult for many reasons. For some couples, their union ends in heartbreak with much tension between them. In other cases, the split is more peaceful, and ending the marriage allows the couple to close a chapter of their life in anticipation of a fresh start. Whatever the reasons, if you are a parent who is considering a divorce, it is important to realize that even though your marriage is over, your role as a parent does not stop. You will always be in your ex-spouse’s life, because you share children together, and it is both of your jobs to ensure your children are taken care of after the divorce.

Filing a Parenting Plan

Planning for how you will raise your children together after your Wisconsin divorce can be a tedious process. Wisconsin courts require parents to attend mediation sessions in order to create a parenting plan. If you and your spouse are able to reach a resolution on a parenting plan, the court will typically approve it, as long as the terms of the plan are reasonable, and both parents voluntarily agree to it. If the court waives the need for mediation, or if you and your spouse attended mediation and were unable to come to a mutual arrangement on matters, you will each have to submit a proposed parenting plan to the court in writing within 60 days. 

Continue Reading ››

 Posted on February 11, 2020 in OWI

One of the most common crimes committed with a vehicle is driving while under the influence of drugs or alcohol. In Wisconsin, this is referred to as operating while intoxicated (OWI). Some of the most deadly and serious car accidents occur because of people driving when they are drunk or high on drugs. According to the Wisconsin Department of Transportation, there were nearly 30,000 OWI arrests that took place in 2015, with more than 5,000 alcohol-related car crashes. In the past few decades, more emphasis has been placed on preventing drunk driving, with one strategy being to increase the consequences for committing an OWI. In Wisconsin, penalties for OWI can range from a simple fine to jail time or felony charges, depending on the situation.

First-Offense OWI

In Wisconsin, a first-time OWI offense is not technically considered a criminal charge. Rather, it is classified as a petty offense that results in a fine and a driver’s license suspension. If you are caught driving while under the influence for the first time, you will be subject to a fine between $150 and $300, a $435 OWI surcharge, and a six- to nine-month driver’s license suspension. However, you can apply to get an occupational license immediately. An occupational license allows you to drive to certain places, such as work, school, church, or the grocery store. 

Continue Reading ››

 Posted on January 16, 2019 in OWI

Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.

One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.

Another thing that you have to consider in these cases is how the effects might impact your life. For example, you might lose your driver's license. This means that you will have to find ways to get work and to run errands. If your job involves you driving, you won't be able to do that.

Continue Reading ››

 Posted on December 27, 2018 in OWI

With New Year's Eve less than a week away, right now is the time to make plans for transportation if you are heading out to enjoy some drinks to ring in 2019. Wisconsin is in the middle of the holiday Drive Sober or Get Pulled Over campaign. This campaign includes 25 task forces that encompass more than 100 law enforcement agencies in this state. Around 300 drug recognition experts are part of the program, and approximately 3,800 officers have been trained on Advanced Roadside Impaired Driving Enforcement.

One thing to remember is that if you are heading into Milwaukee for the festivities, you can count on free rides on Milwaukee County Transit buses. Miller Brewing is continuing the 31-year tradition of providing these to help people make it home safely. Some local taverns also have options for free transportation to get partygoers home safe. These are done through the Tavern League of Wisconsin's Safe Ride.

Continue Reading ››

 Posted on December 20, 2018 in Drug Charges

Drug possession charges are difficult for some defendants to face because they force them to look at what they've been doing with their lives. At this point, some may realize that their addiction must be addressed. Unfortunately, this doesn't mean that the court is going to just drop the charges.

There is a chance that you might be able to get help for your addiction even though you are facing criminal charges. Drug court is one option that enables you to get help for your addiction while still remaining accountable to the court. If you find that you need inpatient treatment, be sure that you work with the court so that you don't end up missing hearings due to being in a treatment facility.

The type of drug to which you are addicted can have an impact on what type of treatment you need. You might not need intensive care if you are addicted to a drug that isn't associated with severe withdrawal symptoms. We know that it might be a tough road ahead, but this is why most treatment paths include taking things day by day.

Continue Reading ››

 Posted on December 16, 2018 in OWI

With the Waukesha Metro Transit and availability of taxis and ride shares, people in our area have plenty of options for getting home safely after a night of drinking. There really isn't any reason why a person should have to drive drunk but things might happen that lead to this. If you are facing drunk driving charges, make sure that you start working on a defense plan right away.

There are immediate impacts to this charge that aren't present in other charges. For one, you are facing the loss of your driver's license. This can greatly impact your life since you will have to rely on others for rides. If you have to drive for your job, there is a chance that you will have to find other employment. This might be difficult with an open criminal case against you. It may be even harder if you have a conviction on your record.

We realize that most adults don't leave home with the intention of driving drunk. When one thing leads to another and you do face a drunk driving charge, you should go into damage control mode right away. When you are pulled over, remember that you do have constitutional rights. You can remain silent and have your attorney with you when you are questioned. This might be beneficial to you since anything you say to the officers can be used in court.

Continue Reading ››

 Posted on December 11, 2018 in Fraud

Trying to find a way to pay for Christmas gifts is a challenge for people this time of year. The one thing that you shouldn't ever do is to give in to the temptation of turning to illegal means to pay for gifts for loved ones. It is pretty safe to say that they'd like to have you around for the holidays more than what they'd appreciate you being in jail for theft.

One area that you have to be concerned with is credit card theft. There are a few ways that this can happen, but not all of them have to do with you using another person's card. It is possible to face credit card fraud charges if you don't use another person's card.

If you use your own credit card to make a purchase and you know that there isn't enough on the account to pay for the transaction or you know that the card isn't valid, you can face credit card fraud charges. This isn't very common these days since most companies will charge the card immediately when you make the purchase.

Another form of credit card fraud has to do with the merchant who is accepting the card for payment. If there is a reason to think that it was obtained illegally or is being used without the owner's permission, criminal charges are possible. Of course, using someone's credit or debit card to pay for transactions without their consent would also mean you can face legal troubles.

Continue Reading ››

 Posted on November 28, 2018 in OWI

A man from Sheboygan was recently accused of intoxicated driving on his birthday. According to police, they pulled him over after he left a bar on a recent Wednesday. Sadly, it was the man's birthday and -- even worse -- it's the fifth time he's been charged with OWI in Wisconsin.

Police allege that they tracked down the man after a bartender at the bar where he was celebrating tipped them off. The bartender told authorities that a woman had asked for help, and then she left the bar with the intoxicated man in his vehicle. After police pulled them over, they performed a sobriety test on the man and decided he was too drunk to operate his vehicle.

They arrested him and charged him with OWI, in addition to four misdemeanor counts of battery. They also charged him with operating a vehicle with a revoked license and disorderly conduct. The man turned 53 years of age on the day of the incident.

Continue Reading ››