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Oconomowoc man faces 10 felony counts after suspected OWI crash
Being involved in an wreck is a serious and tragic event. However, when a motorist is accused of a crime following a car accident, the matter's severity can increase significantly. If an officer believes that a driver was negligent or under the influence of alcohol at the time of the crash, for example, it is likely that the officer will take investigative steps based on those suspicions. This could mean forcing a driver to going through a sobriety test and a breath test. If the results of these tests reveal that a driver was intoxicated, then he or she may be hit with a drunk driving charge.
According to recent reports, a Wisconsin man is in this situation after he was recently charged with various felonies following an alleged drunk driving crash. According to police, the Oconomowoc man collided with a good Samaritan who had stopped to help a family change a flat tire. While helping the family along the side of Interstate 94 in Delafield, the 37-year-old accused individual allegedly crashed into the parked vehicle while the victim was under it.
A plan for Packers' season you forgot to make
Are you ready for Packers' football? If your answer is an emphatic "yes," you might not be as ready as you think. People who are going to head out to enjoy Packer parties need to plan ahead now for how they will get home if they are going to drink any alcohol.
Think about how drunk driving charges will ruin the rest of Packers' season! The first preseason game isn't until Aug. 10 at Lambeau Field, so that means that you would likely have this legal issue hanging over your head for the rest of the season, which will hopefully go through the Super Bowl.
The definition of drunk driving in Wisconsin
Drunk driving in Wisconsin can come from alcohol or drugs. If you can drink legally in the state, you must have a blood-alcohol concentration percentage of .08 percent or less. If your BAC is above this level, you will likely face drunk driving charges.
Milwaukee warrant sweep leads to several arrests
Milwaukee police, joined by federal law enforcement officers, conducted a series of raids in a part of Milwaukee that is known for drug offenses and violent crime. Caught up in the ensuing arrests and searches were some people who were connected to a shooting that left two minors hurt.
Police claim to have arrested 16 residents and have taken $4,000 cash as well as several firearms. Police also located some illegal drugs, cocaine and marijuana, during the raids. The police said most of the charges were related to weapons violations and drug crimes.
In a statement to the press, the chief of the Milwaukee Police Department described the raids as important because the area in which the police operated had a disproportionate impact on the entire metropolitan area's overall violent crime rate.
Although in some sense Delafield may seem like a long way from inner city Milwaukee, police in this area also take drug charges seriously, and drug use and possession does happen out in the suburbs of the city as well.
Consequences for refusing to submit to a breath test
Wisconsin drivers who are pulled over by police officers may not be fully aware of their rights. A driver might be compelled to say "no" to an officer's request, not fully understanding the consequences of such an action. While individuals stopped by law enforcement have rights and the ability to invoke them, when a driver suspected of drunk driving says no to a breath test, he or she could face penalties regardless of whether he or she is charged and convicted of a DUI.
In addition to these potential penalties, motorists should note the ability of a prosecutor to use a driver's refusal to submit to a breath test in court. While it was argued that a driver had a constitutional right to refuse the test, thereby preventing the prosecution from present it to a jury because it constituted an attempt to infer guilt, the Wisconsin Supreme Court determined that there is no constitutional right to refuse a breath test. However, the Court did hold that the current law is too broad and misleading.
Helping initiate a strong and aggressive criminal defense action
No one expects to face criminal charges. Thus, when individuals in Wisconsin and elsewhere are faced with a crime, he or she is not prepared for the criminal defense process. Nonetheless, defendants should not let the opportunity to defend their rights and possibly beat any criminal allegations pass them by. Initiating a strong criminal defense begins by taking immediate action. From the moment of accusation, defendants can begin the process of proving their innocence.
The criminal defense process is not an action that defendants have to complete alone. It can be an overwhelming and emotional time, causing some defendants to become rather confused and vulnerable. At Bucher Law Group, LLC, we understand that many thoughts and concerns are rushing through the minds of criminal defendants. Thus, we are dedicated to helping individuals in the Delafield area understand their circumstances and navigate the criminal defense process.
Whether you are facing a felony or a misdemeanor charge, it is important to take any criminal charge seriously. This means becoming fully aware of the elements of the crime or crimes they are accused of. Because the prosecution needs to prove these elements beyond a reasonable doubt, steps might just possibly be taken to disprove or remove evidence used in the case. This ultimately could make it difficult or impossible to prove these criminal elements, possibly resulting in reduced or even dismissed charges.
What are collateral consequences following a criminal conviction?
Facing a criminal charge can be an overwhelming experience. It can be difficult to process everything that is going on, and many thoughts and concerns run through the accused's mind. How serious is the charge? What evidence can be used against me? What penalties could I face? Are there any other consequences I could be hit with for having a criminal conviction? These are all normal question to face. However, many defendants in Wisconsin and elsewhere do not always focus on the last question and how a conviction could mean more than facing the penalties associated with the crime.
What are collateral consequences following a criminal conviction? To begin, it should be noted that collateral consequences are different from social consequences. Social consequences include things like losing a job and living with the social stigma of being convicted of that particular crime. In simple terms, a collateral consequence is any consequence that is a result of the sentence faced by a particular offender. In the United States, collateral consequences include the loss of or the restriction of professional licensures, the ineligibility for public funds, which includes welfare benefits and student loans, the loss of voting rights, the inability to serve on a jury, and even deportation if the convict is an immigrant.
Addressing the heroin epidemic in Wisconsin
The heroin epidemic in Wisconsin is so bad that at the beginning of this year, Governor Scott Walker called on the government to take action. He called a special legislative session and noted that the heroin problem here is one that has to be attacked head-on.
One of the points that the governor called on the legislature to enact is a bill that would enable the legal system to forcibly commit a person into rehabilitation so they can get the help they need. Even though this seems like a good thing, it might be nothing more than a waste of taxpayer funds since most addicts won't get clean even with rehab until they are ready to get off the drugs.
Current legal consequences
Currently, all charges related to heroin are felony charges. Possession of heroin is a Class I felony. Selling heroin ranges from a Class F in the lower amounts up to a Class C in higher amounts. Enhanced charges are possible in cases that involve minors, which come with double the normal penalties, and selling heroin within 1,000 feet of a school, which has a mandatory minimum prison term of three years without the possibility of parole.
Criminal convictions that limit eligibility for student aid
Being charged with a crime can be life-altering for Wisconsin residents. A criminal conviction can lead to serious penalties, such as fines and jail or prison time. Additionally, a defendant could suffer personal and professional consequences, because a criminal conviction could harm their reputation. Another way a criminal record could impact an individual is by impacting the ability to get an education.
Based on the terms associated with the U.S. Department of Education, students who have a criminal conviction on their record have a limited eligibility to receive federal student aid. This could be based on whether a student aid applicant has been incarcerated or the type of conviction they have on their record. If you are currently incarcerated, once you are released, most eligibility limitations are likely to be removed.
It is possible to apply for federal student aid before you are released so that the application can be processed in time for you to start school shortly after your release. It should be noted that for individuals incarcerated for a drug-related offense or an offense that caused you to be subject to an involuntary civil commitment for a sexual offense, eligibility might be limited.
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.
Police officers pulled the driver over on the 1200 block of W. College Avenue just before 2 a.m. When the police officer walked up to the driver's side window to initiate the traffic stop, it was reported that the officer could detect a strong odor of marijuana coming form inside the vehicle. Upon further investigation, the officer reportedly found an orange "dime bag" padded container that was also holding a glass pipe, silver metal grinder and rolling papers. These were all located in a black purse on the rear passenger seat.
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.
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