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Oak Creek driver faces drug charges following a traffic stop

When motorists in Wisconsin are stopped by police officers, they expect to receive a warning or a traffic ticket. While this is the best-case scenario during a traffic stop, motorists could face far more serious charges and consequences if police officers suspect that a driver or their passengers have committed a crime. If a controlled substance is discovered in a vehicle either subject to a search or because it was in open sight, this could result in drug charges.

This is what recently occurred during a traffic stop in Oak Creek. Based on preliminary reports, the Oak Creek police pulled over a motorist for operating a vehicle with a suspended license. During this stop, officer allegedly found the driver to be in possession of marijuana, claiming that it was obviously detected.

What are the laws on drug paraphernalia possession in Wisconsin?

Drug crimes can vary greatly due to the variety of drug types, the quantity in question and the suspected activity with the alleged drugs. While some drug crimes are known to be more serious than others, charges related to drug paraphernalia are often viewed as minor. Nonetheless, those accused of possessing drug paraphernalia should understand that they could still face drug charges that carry with them notable penalties. Thus, no matter how minor or severe a drug charge, defense options should always be considered.

What are the laws in Wisconsin regarding drug paraphernalia possession? According to the Wisconsin state legislature, drug paraphernalia is all equipment, products and materials that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body.

Issues with field sobriety tests

As a previous post discussed, being suspected of drunk driving can be an overwhelming experience for motorists in Wisconsin and other states across the nation. For some drivers, he or she might be under the impression that the police officer stopping them has enough evidence against them to place them under arrest. However, an officer must have enough evidence collected to have probable cause to place a driver under arrest.

When a driver is requested to submit to a field sobriety test during a traffic stop, this can be challenging and concerning. An individual might want to say no, fearful of what the results might indicate. While a driver does have the right to refuse to submit to a field sobriety test, it is important to note that consequences could arise if an officer chooses to ask for a breath test and the driver continues to refuse. With a breathalyzer, implied consent to submit to this test is established upon obtaining a driving license. By refusing to comply, a driver faces the risk of a license suspension even if a DUI charge does not result.

Drug crime defenses: Your protection against charges

When you face drug charges, you could be looking at years of imprisonment, heavy fines and other penalties. It's very important that you have someone on your side to help you fight for your rights. Your attorney is there to assist you, and one of the things he or she will do is talk to you about your potential defense options.

In the case that you face charges for possessing drugs, you may wish to look into a number of different defenses. These are three that could work in your favor.

Asserting the right defense against an OWI charge

If a traffic stop in Wisconsin is based on a suspected drunk driving incident, a motorist is likely to face various steps and tests that will determine if they are in fact under the influence of alcohol. If police believe that a driver is over the legal blood alcohol content limit, that driver could face a drunk driving charge.

Being charged with an OWI is a difficult predicament to be in. Such a charge can result in harsh penalties and consequences. Because those facing an OWI in Wisconsin are only allowed 10 days to request a hearing before a driver's license is suspended, our law firm understands the importance of taking immediate action following a drunk driving charge.

How can you use self-defense in your criminal case?

When individuals in Wisconsin and elsewhere are placed in danger, they will likely react to the matter in a certain way. Whether it is the situation, a person or a weapon that ignites these dangers, people may take steps to protect themselves. It is an accepted principle that a person may take certain steps in self-defense.

How can you use self-defense as a criminal defense? Self-defense is considered to be a right, and it is an action taken by an individual to prevent suffering force or violence against their person by taking a sufficient level of counteracting forces or even violence. And while it might seem simple and clear on its face, self-defense raises many questions when it is applied in a given situation.

Your rights during the criminal trial process

Being arrested for a criminal allegation is a difficult event to process. While individuals in Wisconsin and other states across the nation understand that they are afforded certain rights, this doesn't make it any easier to face criminal charges. Many questions and emotions arise when a defendant is formally charged with a crime. Thus, it is important to understand what happens next.

Following a formal criminal charge, a defendant's case moves forward to the criminal trial process, unless the accused pleads guilty to the charges. The criminal trial begins with the jury selection process. This is a right provided to defendants.

Is Marijuana Legal in Wisconsin?

It appears that the Wisconsin Legislature and Governor Walker are heading in the direction of one day approving the medicinal use of marijuana. Although Wisconsin is taking "baby steps", it is moving in the right direction as it relates to the medicinal use of marijuana.

In a series of legislative acts passed by the Wisconsin Legislature and signed by Governor Walker, a derivative of Tetrahydrocannabinol ("THC") known as CBD Oil has been made legal in Wisconsin, with certain restrictions as to its possession and distribution. CBD Oil contains a very low level and, in some cases no level, of THC, which is the active ingredient of marijuana. CBD Oil is believed to have no psychotic effect nor produce a "high." It is designed to reduce seizures and assist individuals who would benefit medically from very low doses of THC.

Milwaukee woman arrested for third OWI offense

Motorists are expected to follow the rules of the road. If police officers believe they have observed a traffic violation, the officer can pull that motorist over. In some cases, it might not be apparent that the driver has violated a traffic law. However, this doesn't mean that they will not face a citation. In fact, some motorists could face serious penalties for the traffic crimes they are accused of.

According to recent reports, a Milwaukee woman was arrested after police officers apparently observed the 37-year-old woman's 8-year-old son driving her vehicle. Based on preliminary reports, a Milwaukee County sheriff's deputy observed the woman's vehicle entering the on-ramp of Highway 145 at West Fond du Lac Avenue while her young child was seated on her lap.

What are the drunk driving laws in Wisconsin?

Being pulled over by the police is often unexpected and, in most cases, motorists become nervous. Regardless of the traffic offense, drivers do not want to face the potential penalties of the citation. However, in some cases, these consequences could be serious, such as in cases of a suspected drunk driving.

What are the drunk driving laws in Wisconsin? In Wisconsin, drivers are considered to be over the legal limit if their blood alcohol concentration, or "BAC," is 0.08 or greater. These measurements are determined by either a breath test during a sobriety test, a breath test subsequent to an arrest or a blood test following an arrest.