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Recent Blog Posts
Can Traffic Violations Result in the Loss of a Wisconsin CDL?
While traffic tickets can be troublesome for any driver, they can be especially problematic for drivers of commercial vehicles. These drivers are required to complete additional training and pass a variety of tests to obtain a commercial driver’s license (CDL), and maintaining a valid CDL is necessary to be able to continue working in this profession. Because of this, commercial drivers will usually be looking to avoid any activities that could threaten their CDL and their livelihood. Drivers should be aware that certain traffic violations could lead to the disqualification of their CDL, meaning that they will be unable to drive a commercial vehicle while their license is disqualified.
Wisconsin Traffic Violations and CDL Disqualification
The most common violation that could lead to a CDL disqualification is drunk driving, which is referred to in Wisconsin as Operating While Intoxicated or OWI. Commercial drivers have a lower limit than other drivers for the legal blood alcohol concentration (BAC) that they can have while driving. If a driver has a BAC of .04 percent or higher when operating a commercial motor vehicle, they could not only face OWI charges, but they will also be subject to a one-year CDL disqualification. A three-year disqualification will apply in cases involving a HAZMAT violation in which a person was transporting hazardous materials.
Kayleigh’s Law Would Allow Sexual Assault Victims to Petition for Lifetime Restraining Orders
A new bill has been introduced to Wisconsin lawmakers that would allow the victims of sexual assault to petition the court for a lifetime restraining order against their convicted perpetrator. “Kayleigh’s Law” was recently presented in both the House and the Senate and, if approved, would give victims the ability to obtain a restraining order against their assaulter even after the assaulter’s probation has ended. The law was recently signed into law in Arizona, the first state in the country to do so.
Sexual Assault Victims
According to state statistics, 20 percent of Wisconsin high school students say that someone has forced them to engage in sexual acts they did not want to participate in. Nationally, one in three women and one in six men have been victims of sexual violence, and 90 percent of victims know the person who sexually assaulted them.
Wisconsin Expands DNA Collection Law
Many criminal cases are “solved” by police because of DNA evidence. DNA is a complex molecule that contains an individual’s unique genetic code. With the exception of identical twins, no two people share the same genetic code.
By Wisconsin law, if you are arrested for a violent crime, police are required to take a sample of your DNA. A new law recently signed by the governor extends the sample requirement to anyone who moves to Wisconsin who has previously been placed on parole, probation, or extended supervision in another state.
DNA Requirement
In 2015, Wisconsin passed a law that made it mandatory for any person arrested for a violent felony to submit their DNA to be stored in the Wisconsin DNA Databank. This law applies to anyone who is arrested for arson, burglary, child abuse, homicide, robbery, sexual assault, and other violent crimes. These samples are not allowed to be processed unless and until a judge rules that police have probable cause a crime was committed.
State Lawmakers Propose Enough Is Enough Package in Quest for Police and Justice Reform
Last month, several Wisconsin state lawmakers introduced a handful of bills that target police and justice reform. One of the lawmakers who introduced the bills referred to as the “Enough Is Enough” package, says the proposed legislation is meant to build on and not negate the proposals that came out of Assembly Speaker Robin Vos’ Task Force on Racial Disparities.
Enough Is Enough
The Speaker’s task force and the Enough Is Enough package are in response to the demands for police reform from many Wisconsin residents who have spent the last year protesting. The proposed changes focus on what type of training police officers should and should not have, as well as who should be making decisions when it comes to disciplinary procedures for police misconduct and officer-involved deaths.
Highlights of some of the proposed training changes for officers include:
Expunging a Juvenile Criminal Record in Wisconsin
When a person has a criminal record, that history can significantly impact their ability to find employment, housing, and even education. This is especially true for people who committed criminal acts when they were juveniles. Many states allow that juvenile record to be expunged, depending on the circumstances of the crime. When a criminal record is expunged, it removes arrests and/or convictions as if they never occurred and not even the courts, prosecutors, or law enforcement have access to the record.
Wisconsin has a very limited juvenile expungement process and thanks to a recent Wisconsin Supreme Court ruling, that process may be even more difficult.
Juvenile Justice and Expungement
It has been well documented in study after study that a teenager’s brain is not fully developed, especially in the prefrontal cortex of the brain. This is the part of the brain that controls a person’s ability to delay and reflect on a decision. This is why many teens often will act before they think about what they are doing. This area also controls impulsivity, something that many teens have a hard time with. The prefrontal cortex also controls a teen’s ability to consider the consequences of their actions, as well as buckle to peer pressure.
What You Should Do After Getting Arrested for DUI
From fines and jail time to a criminal record, a DUI comes with many consequences. People with DUI convictions may have a more difficult time securing employment and strained relationships with their family members and friends. Taking the proper steps immediately after your arrest, however, can improve your chances of a more favorable outcome.
Steps to Take After a DUI Charge
Although you may feel nervous and scared right now, you must regain your composure and do what is necessary to protect your future. By taking the appropriate action at the appropriate time, you can help your own case as you move forward:
Here are a few steps to take after getting charged with a DUI in Wisconsin:
- Arrange transportation. Once you get arrested for a DUI, your driver’s license will automatically get suspended. This poses a problem because you have to go to court, work and other important places. Ask a trusted family member or friend to drive you to these places until you get your license back.
Understanding Wisconsin’s Driver’s License Point System
Most people are pulled over by a police officer at one point or another, even if it is just for something small, like forgetting to use a turn signal. A single traffic stop may not have serious consequences, but in Wisconsin, each time you are issued a traffic ticket by an officer, you face more points accumulating on your driving record. If you have too many points, you could eventually have your driving privileges taken away from you. If you have gotten a ticket or you have been pulled over recently, you should speak with a Wisconsin traffic ticket attorney who can help you understand your options.
How Does the Point System Work?
Like most other states, Wisconsin uses a point system to keep track of each driver’s record in an attempt to keep dangerous drivers off of the road. Every time you are issued a traffic ticket, you will also be issued a specific number of points on your driving record for that ticket. More serious violations result in more points. Some of the most common traffic violations and their assigned number of points include:
What Happens If I Am Sentenced to Community Supervision in Wisconsin?
It goes without saying that some crimes are not as serious as others, but even minor crimes are not without their consequences. In many situations involving low-level crimes, judges may choose to sentence a person to community supervision, rather than to a term of confinement in jail. Often, community supervision is the most favorable outcome a person could get for a low-level offense. If you have been accused of committing a crime, you should speak to a Wisconsin criminal defense lawyer to discuss your options.
Types of Community Supervision in Wisconsin
If you are sentenced to a crime, a judge may choose to defer your adjudication and sentence you to a period of community supervision, rather than sending you to jail. In Wisconsin, there are three types of community supervision:
What Are the Consequences of a Wisconsin Hit-and-Run Charge?
When you get into a traffic accident, the proper thing to do is to check for injuries and then exchange contact information so you can work everything out with your insurance companies. In fact, most states require that you do this by law, but it does not stop some people from fleeing the scene when they get into an accident. According to the National Highway Traffic Safety Administration (NHTSA), there were more than an estimated 814,000 hit-and-run crashes that took place across the country in 2019. If you have been accused of being involved in a hit-and-run accident, you should speak with a Wisconsin criminal defense attorney to discuss your options.
Requirements After a Wisconsin Car Accident
If you are involved in a car accident in Wisconsin, there are certain things that you are required by law to do. After you get into a collision in Wisconsin, the law states that you must get out of your vehicle and investigate what you hit. If you hit a person or a vehicle that had a person inside of it, you are required to:
Can You Lose Your Wisconsin Driver’s License Due to a Speeding Ticket?
When you are pulled over for a traffic stop and the officer believes you were speeding, one of the first things they will likely say is, “Do you know how fast you were going?” Many people do not even realize when they are speeding. It can be extremely easy for the speedometer to inch up and eventually move past the legal speed limit. Most people would simply accept their fate, pay the fine, and move on with their lives. However, paying the fine on a speeding ticket is an admission of guilt and can come with further consequences in some circumstances. If you have received a speeding ticket, you should consult with an attorney to determine how paying the ticket would affect your situation.
Penalties for a Speeding Ticket
Most of the time, when you receive a speeding ticket in Wisconsin, it is only charged as a moving violation. This means that the main penalty for the offense is only a fine. According to Wisconsin law, most speeding tickets carry a possibility of fines between a minimum of $30 and a maximum of $300.
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