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WI defense lawyerReceiving a traffic ticket can be a stressful experience. Being pulled over by a police officer can be frightening enough, and once a ticket is issued, you may be concerned about how it may affect you in the future. In addition to being required to pay fines, your car insurance rates may increase. If you have received multiple traffic violations, you may even be worried that you could lose your license. By understanding Wisconsin’s laws regarding traffic violations, you can determine what penalties you may face. An experienced attorney can help you understand how to defend against the suspension of your license and address any other related legal issues.

Traffic Violations That Can Result in License Suspension or Revocation

There are several types of violations that can result in license suspension in Wisconsin:

  • Operating while intoxicated (OWI): If you are arrested for drunk driving and fail or refuse to take a chemical blood alcohol test. If you are convicted of OWI, your license will be revoked.
  • Excessive speeding: Violating the speed limit by at least 25 miles per hour will result in a 15-day license suspension.
  • Fleeing an officer: Purposely attempting to flee from or elude law enforcement will typically result in a license revocation.
  • Injuring or killing someone in a car accident: A conviction for vehicular homicide or causing great bodily harm due to reckless driving will typically result in a license revocation.
  • Passing a stopped emergency vehicle: Failing to act safely to avoid accidents and prevent injuries when a police car, ambulance, or other emergency vehicle is stopped on the side of the road will result in a license suspension. If an accident results in property damage, your license may be suspended for 90 days to one year. An accident that caused bodily harm will result in a suspension of 180 days to two years. A two-year suspension will apply if a person was killed in an accident.

The Point System in Wisconsin

If you are convicted of a traffic violation that is not serious enough to warrant a license suspension or revocation, you will have demerit points added to your driving record. If you accumulate a certain number of points within a 12-month period, your license may be suspended. Some examples of points that may be assigned for different violations include:

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WI defense lawyerIn the state of Wisconsin, battery is a serious offense that can result in criminal charges. Simple battery involves intentionally causing bodily harm to another person, and it is usually charged as a Class A misdemeanor. However, there are some cases where aggravated battery charges may apply, and these offenses carry even more severe penalties. Understanding when you can be charged with aggravated battery and the penalties you may face if you are convicted is crucial if you have been accused of this type of offense. With the help of an experienced Wisconsin lawyer, you can determine your options for defense against a battery conviction.

Penalties for Substantial Battery

Under Wisconsin law, substantial battery is a crime that falls between simple battery and aggravated battery. It occurs when someone causes substantial bodily harm to another person with intent or through reckless behavior. Substantial bodily harm refers to injuries that cause great pain, such as cuts that require stitches, bone fractures, or a blow to the head that causes someone to lose consciousness.

If convicted of substantial battery, which is a Class I felony, you could face up to three years and six months in prison and fines of up to $10,000. However, if the victim was an intimate partner or family member, it may be classified as domestic abuse, and enhanced penalties may apply.

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Waukesha County defense attorney

Originally published: May 22, 2019 -- Updated: September 5, 2023

Update: As described below, minors may face charges if they make, possess, or use falsified ID cards. However, since the most common reason for doing so is to be able to purchase alcohol, minors may also face charges related to underage drinking. Criminal charges may also apply to anyone who sells or gives alcohol to a minor. It is important for those who may potentially face these accusations to understand the penalties that may apply if they are convicted. By working with an attorney who has experience in these types of criminal defense cases, they can respond to the charges against them and defend against a conviction.

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WI DUI lawyerBeing arrested for DUI (Driving Under the Influence) can be a confusing and frustrating experience, especially if you blow under the legal limit in a roadside breathalyzer test. Today, we will explore the unique circumstances in which you can still be arrested for DUI, despite registering a blood alcohol concentration (BAC) below the legal limit of 0.08 percent. If this has happened to you, contact an aggressive criminal defense attorney to fight to have the charges against you dropped, allowing you to move on with your life. 

Breathalyzer Accuracy and Field 

While breathalyzer tests are commonly used to determine a driver’s BAC, they are not infallible. Factors such as calibration errors or improper administration can lead to inaccurate results. Law enforcement officers often rely on additional evidence, such as field sobriety tests, to assess a driver’s impairment level. If a driver exhibits signs of impairment, regardless of the breathalyzer result, they may still be subject to DUI arrest. 

Observational Evidence of Impairment

Law enforcement officers are trained to observe and document signs of impairment during a traffic stop. These signs can include slurred speech, bloodshot eyes, the smell of alcohol, or erratic driving behavior. If a driver exhibits these signs, an officer may arrest them for DUI, even if the breathalyzer indicates a BAC below the legal limit. Even before the traffic stop takes place, if an officer observes an individual driving erratically, they may, on those grounds, choose to initiate the traffic stop. Once the traffic stop is underway, the officer will look further for any evidence of impairment. 

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WI defense lawyerWhen you look at society today, social media has become an integral part of many of our lives, often providing a platform for self-expression and sharing personal experiences. However, when facing a criminal case, exercising caution and thoughtfulness about what you post online is crucial. Today, we will explore important considerations for using social media responsibly during your criminal case. If you are wondering what it is appropriate and what is not appropriate to post on social media during your case, discuss these matters with your criminal defense attorney, as they are likely to have advice on how to conduct yourself through your case best as not to place yourself in more legal trouble than you are already in.

Potential Risks and Consequences

Unchecked social media activity can have adverse effects on your criminal case. Prosecutors, investigators, and even jurors can access and scrutinize your online presence for evidence damaging your defense. Posts, photos, and even comments made by you or others about the case may be misinterpreted, manipulated, or presented out of context. Reckless or boastful statements related to the alleged offense could significantly undermine your defense strategy and negatively impact the outcome of your case.

Avoid Discussing Your Case

One of the cardinal rules when navigating a criminal case and social media is to avoid discussing your case online. Refrain from sharing any details, opinions, or theories related to the charges, witnesses, or prosecution. Even innocent remarks can be misconstrued and used against you. Remember, anything you say can later be used against you, and sharing sensitive information or engaging in heated debates on public platforms can jeopardize your defense and weaken your legal position.

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