Free Consultations | Available 24 / 7
262-232-6699
711 W. Moreland Blvd. Suite 100,
Waukesha, WI 53188
Recent Blog Posts
Avoid drunk driving charges over Labor Day weekend
It's that time of year again: Labor Day weekend. A time when we spend the weekend with family and friends at fun barbeques and parties. Most Wisconsin residents look forward to this fun time to enjoy the last days of summer with the people we love. Wisconsin police also prepare for this time because it's when they increase their drunk driving patrols via the statewide "Drive Sober or Get Pulled Over" campaign.
The Drive Sober or Get Pulled Over initiative started on Friday, Aug. 18, and will not end until Labor Day, Sept. 4. Here's what the Director of the Wisconsin Department of Transportation's Bureau of Transportation Safety said about the campaign: "Whether it's caused by alcohol, prescription medications or other drugs, impaired driving is illegal, it's dangerous, and it risks the lives of everyone along our roadways."
Wisconsin drivers be warned: The Drive Sober or Get Pulled Over initiative means that extra officers will be patrolling the roads for more hours of the day. The increased visibility of police is meant to encourage people to drive responsibly and refrain from getting behind the wheel while drunk. The officers will also be conducting more arrests. WisDOT is encouraging drivers to download its Drive Sober mobile application which offers a blood alcohol estimator, a feature to select your designated driver for the night and a find-a-ride home feature, which helps you find alternative transportation if you become inebriated.
Could these less common DUI defenses apply to your case?
When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.
When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.
Here are two less common defenses that may only apply to a select few circumstances:
- The person accused of DUI was not driving: Imagine you were riding with your friend as a passenger and you get into a car accident. Your friend was perfectly sober, but you were drunk. When police arrive, they wrongly accuse you of being the person at the wheel. Not only are you charged with DUI, but you're also charged with causing an accident and injuries while drunk. As such, your criminal defense will need to focus on revealing that you were not the person behind the wheel.
The concealed carry fashion show draws controversy
Milwaukee was the host of the National Rifle Association's "Concealed Carry Fashion Show." The fashion show was intended to show off gun-toting fashion accessories.
The show included regular guys and regular gals as models who donned special gun-friendly clothing, bags and purses to model for the audience.
Details about the Concealed Carry Fashion Show
Approximately 30 companies were represented at the fashion show, including brand names such as Man-Pack and Femme Fatale. Many of the fashion pieces included shoulder bags and corset holders that were made to assist in the quick drawing and firing of a weapon.
The NRA has been promoting its fashion show for the last several months and even worked with a professional designer to coordinate and plan the event. Marketing literature from the NRA's press release before the event stated, "The Fashion Show will showcase the Expo's top concealed carry products and demonstrate the features and benefits to an audience of firearm enthusiasts and industry media."
Theft defenses: What if I returned the stolen property?
Theft is theft, and if a Wisconsin resident gets accused of stealing property, it doesn't matter if he or she returns the property after stealing it. The individual who took the property can still get convicted of a theft-related crime. That said, the voluntary return of the property could result in the court being more sympathetic, and it could result in a lessening of the punishments associated with conviction.
Still, many Wisconsin defendants do not fully understand the law as it applies to stolen items that were voluntarily returned later. Imagine, for example, that someone steals a bicycle out of another person's garage. The victim calls police, who come and investigate the crime scene. The next day, the alleged thief comes back to the house to return the property voluntarily, at which time, police arrest the person.
Unfortunately, the return of the property will not serve as a defense against the theft charges. However, having returned the property could help the accused person to negotiate a plea bargain with prosecutors. A sympathetic judge may even allow the defendant to forego the severest of punishments -- like jail time -- and have him or her perform community service or other penances instead.
Federal LSD drug laws and punishments
The psychedelic drug LSD (d-Lysergic Acid Diethylamide) is illegal throughout the United States. Under federal drug laws, LSD is classified as a Schedule I narcotic, meaning that an LSD-related conviction will come with the severest punishments on par with those associated with heroin.
Because the federal government has classified LSD as one of the most dangerous kinds of drugs, a first-time conviction for the least serious LSD possession offense will be punished with a minimum of $1,000 in fines and a maximum of three years in prison.
LSD sales convictions will be punished based on the amount of LSD involved and the number of previous convictions. Even with a first-offense LSD sales conviction of less than 10 grams, the offense could result in a five- to 40-year sentence and fines as high as $2 million. If more LSD or a second offense is involved, it's difficult to believe, but someone could easily face a lifetime conviction for a nonviolent LSD conviction.
Considering the fierceness of LSD penalties, it's surprising to find that approximately 9 percent of the U.S. population above the age of 12 admits to taking LSD at least one time in their lives. The average user of LSD is male, white and between the ages of 18 and 22. This user probably lives in the Western part of the United States and has educated parents and upper-middle-class parents.
Interesting points about drunk driving in Wisconsin
Drinking and driving is a serious problem because it is fully preventable if drivers don't get behind the wheel after drinking alcohol. With the impacts of this issue in mind, state legislators came up with some very strict penalties for drunk driving.
It is imperative that all drivers take the responsible path and find another way home after drinking. If this doesn't happen, you might find yourself facing criminal charges. Here are some points to know about drunk driving in Wisconsin:
Blood alcohol concentration
There are a few different factors that determine the legal limit of blood alcohol concentration for drivers. If a driver is under the legal drinking age, 21 years old, there can't be any traceable alcohol in the blood. People who are 21 and aren't commercial operators have a legal limit of .08 percent. If the person is a commercial operator, the limit is .04 percent. A person who has three or more operating while intoxicated convictions has a BAC limit of .02 percent.
Penalties and punishments for marijuana sale and cultivation
Certain areas of the country have legalized marijuana for medical and recreational use. However, in Wisconsin, it continues to be illegal with the exception of non-psychoactive medical CBD oil, which is used to treat a limited range of conditions.
In spite of the illegality of marijuana, some individuals are selling and cultivating the plant unlawfully. As such, state and federal law enforcement officials are actively investigating any suspected cultivation and sale activity.
However, police do not always arrest individuals appropriately for these offenses. For example, you might have been accused of marijuana cultivation simply because you were in the wrong place at the wrong time. Or, you might have been accused of marijuana sales when you were not selling the drug, but merely in possession of it.
What will happen if I'm convicted of marijuana sale or cultivation?
If accused of marijuana sale or cultivation -- and convicted of the offense by a court of law -- individuals can face serious criminal consequences. Here are the penalties and punishments associated with a conviction of marijuana sale and cultivation in Wisconsin. If convicted of selling or cultivating marijuana in the amount of:
Distracted driving and impaired driving continue to be a problem
Traffic deaths are rising in Wisconsin. Last month, 66 people died in car crashes, representing an increase by three from the same month last year. The increase in traffic deaths is particularly unfortunate considering the improvements in car safety and road safety over the years. Experts blame the increase in traffic deaths on distracted driving, impaired driving and failure to wear seat belts.
Due to the increase in traffic fatalities, Wisconsin police are making a stronger effort than ever to enforce intoxicated driving and distracted driving laws. That means that police are eager to pull over anyone who appears like he or she might be intoxicated behind the wheel. They will also pull over those who appear to be texting while driving or using their social media accounts while they're driving.
As a part of this process, Wisconsin will be participating in the annual Drive Sober or Get Pulled Over campaign. This law enforcement campaign targets intoxicated drivers and it goes from mid-August to Labor Day.
Woman accused of abusing her power of attorney privileges
A Wisconsin woman has been charged with six felony-level crimes relating to her duties as a man's power of attorney. Officials allege that she failed to pay a man's health care bills and instead, she used the money for her personal expenses.
The 59-year-old woman allegedly abused her power of attorney privileges to steal money from the man she was caring for. Police in New Glarus first received news of the alleged theft in August 2016. Green County Human Services notified them that the woman was allegedly stealing.
Prosecutors say that the woman was paying her utility bills and mortgage payments with the man's money instead of paying his health care bills. Prosecutors also say that she was purchasing personal items that didn't have anything to do with the services she provided to care for the man.
Police arrested the woman last Monday. She is facing three charges of theft in a business setting and three charges of identity theft. All are felony charges that could land her in jail if she is convicted.
Woman accused of drunk driving after crashing into a tent
Police have arrested and accused a woman of drunk driving after she drove into a tent full of people. The collision resulted in seven people inside the tent suffering injuries. The tent was located at a campground in River of Lakes in Grant County, where the accident happened late on a recent Saturday night.
The Grant County Sheriff's Office alleges that the 32-year-old woman who crashed into the tent was inebriated when the accident happened at approximately 10 p.m. Allegedly, she lost control of her sport utility vehicle while trying to maneuver a left-hand turn along campground road while driving through the camping area. Police say that the woman drove into the tent, and then backed over the tent another time.
Four of the injured people inside the tent were taken to Crossing River Hospital in Prairie Du Chien. Three were taken to Grant Regional Hospital in Lancaster. The extent of the injuries are unknown. Fortunately, as of last reports, all of the victims survived.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
