355 Austin Circle, Suite 110, Delafield, WI 53018
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Bucher Law Group, LLC

Supreme Court to Rule on DUI Case

The United States Supreme Court recently heard oral arguments in a case out of Missouri that may have serious implications for the Fourth Amendment rights of those charged with driving under the influence (DUI). Specifically, Missouri v. McNeel examines whether police may take a blood sample from someone suspected of DUI to determine his blood alcohol content (BAC), even though the police do not have a warrant and the suspect has not provided his consent.

Facts of McNeel

At 2:08 a.m. on October 3, 2010, a Missouri highway patrolman stopped Tyler McNeel for speeding in the town of Cape Girardeau. In the course of the stop, the officer observed signs that McNeel had been drinking and he asked whether he would submit to routine field sobriety tests. McNeel agreed to participate and he failed each one of the four tests. The officer then twice requested that McNeel take a Breathalyzer test to determine his BAC, but McNeel refused. After McNeel refused the second test, the officer transported him to a local medical clinic, where he asked whether he would submit to a blood test. McNeel refused and the officer ordered medical staff to perform the tests anyway. The results indicated that McNeel's BAC was nearly twice the.08 legal limit and the officer arrested him for DUI.

The Importance of Securing Uninsured Motorist Insurance

What happens when you get into an accident with someone who does not have enough liability coverage to cover your medical expenses? Recently, the Wisconsin Bar released an article focused on the importance of securing an appropriate amount of uninsured motorist insurance for when this happens. "Underinsured motorist coverage protects individuals injured in a car accident if the other driver does not have enough coverage to pay for the damages." (Wisconsin Bar, 2014).

The article discusses the changes that have recently come to light regarding uninsured motorist insurance and what it means for drivers. It used to be that uninsured motorist insurance would cover the difference between the damages and what the underinsured motorist was able to pay. Now these rules have changed. Now, your underinsured motorist coverage limits must be higher than the other driver's liability limits in order to take advantage of your coverage benefits. Unfortunately, if liability limits and underinsured motorist coverage are the same amount, you will not receive a penny from your insurance.

Traumatic Head Injury - Shaken Baby Syndrome Case

This firm was retained by a day care provider who, unfortunately, was in the wrong place at the wrong time. A very young child under her care had stopped breathing and went into convulsions. The child was then rushed to the hospital. It was determined that the child sustained a traumatic head injury — previously commonly known as Shaken Baby Syndrome. Tragically, the child lost sight in one eye and may have other permanent consequences as a result of the injury to the child's brain.

Our client was arrested and charged with a very serious felony offense for allegedly causing injury to this child — first-degree reckless injury. Our client had absolutely no involvement in the injury to the child. She had provided care to children for well over a decade and had many other children in her care. Simply being charged with an offense of this kind was very traumatic and difficult to deal with, but also presented very severe consequences if our client was convicted.

This firm worked diligently in scouring through the voluminous medical reports and indicating there was an alternative explainable cause for the injury. After retaining two nationally known experts and presenting our information to the district attorney, the state determined that it could not meet its burden of proof and dismissed the charge against our client. As a result of the dismissal, our client was not facing a prison term of 40 years with a felony conviction and other serious consequences. Obviously, a conviction of this type would have permanently and seriously altered our client's life and that of her family. While this was a very emotionally long journey for our client — and an expensive, one — it resulted in a dismissal and the return of her fingerprints and photographs. My client's family life was literally turned upside down as a result of this tragic situation, but our client remained strong and determined. This firm remained strong at her side. Our client and her family are now moving forward with their lives.

Bucher Law Group, LLC , is vastly experienced in felony cases that include not only instances of traumatic brain cases, but many other serious felony charges. We have the experience and knowledge to assist if any serious allegation is made against you, your family members or friends.

Time for a Corporate Audit?

If you own or operate a business, you are probably due for a corporate audit. Surprises and hassles that cost time and money are lurking. Here are some examples:

1. Employment agreements. There are hundreds of lawsuits in Wisconsin between employers and employees over terminations and employment agreements. Here are a few problem areas:

a. New Restrictive Covenants. Can you ask a current employee to sign an employment agreement with new restrictive covenants? Yes, but you will have to provide some consideration, either in the form of extra money or some other perk.

b. Non-Competition Covenants. Is a non-competition clause legal?

When a Dream Home Site Becomes a Nightmare

A client and his wife bought five acres of lakefront wilderness land for their Up North retirement home in 1998. The land was part of a residential subdivision approved by the county. The county and state issued a permit to install a septic system.

After holding and maintaining the property for 10 years, the client decided to sell the land. A buyer appeared and a sale agreement was signed. Closing on the transaction was only a few days away when...

The realtor discovered the property was entirely inside a conservancy zone. That meant absolutely no development of the land could take place. And the resale value was less than 10 percent of the intended sale price.

How did the client get in this pickle? The county had approved the land for development in 1988 as a residential subdivision. The county and state had both approved the installation of a residential septic system in 2000. The client had interviewed several county and DNR officials prior to his purchase to confirm that his land was buildable. The client paid for two (2) property title searches — and knew of three other title searches that assured him there were no legal encumbrances on his property title.

The client was unaware of several facts:

  • The county had capriciously put a conservancy tag on his property in 1970.

  • The county did not keep minutes of that meeting and marked only one map, which is kept in an obscure county office.

  • Title insurance companies do not check for zoning. (Yes, that's true. Check the fine print regarding exemptions in your title policy!)

The client was despondent — until he came to the Bucher Law Group, LLC. His attorney quickly determined that litigation was not an option. Instead, an innovative petition to have most of the land re-zoned out of conservancy was carefully drafted and presented to the town and county boards. The boards had never seen this issue before. But they were impressed by the petition, which was granted without a dissenting vote.

Now... would you possibly be interested in a stunningly beautiful five-acre parcel of wooded, lakeside property... adjacent to a DNR flowage conservancy... just 100 miles from Waukesha... and ready for construction of your rural retreat? If so, contact the Bucher Law Group, LLC .

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