Wisconsin law requires individuals involved in a serious car accident to stop and exchange contact information. However, some drivers flee the scene. Whether due to the shock of experiencing a traumatic car crash or in an effort to avoid criminal charges, leaving the scene of an accident is illegal. Individuals charged with committing a hit and run can face fines up to $1,000 and up to six months in jail. However, if great bodily harm resulted from the crash, the offender may face felony charges and up to 15 years’ imprisonment. The consequences of a hit and run can be life-altering, so securing strong legal representation is crucial.

Defending Against Hit and Run Charges in Waukesha County

The first step in defending yourself against hit and run charges is hiring an experienced criminal defense lawyer. Your lawyer will evaluate the circumstances of the alleged offense and get details about how and when the accident occurred. Evidence including traffic cameras, dash cameras, forensic evidence at the crash scene, and vehicle damage can help the attorney piece together what happened. Witness statements can also be useful evidence; however, eyewitness accounts are not always reliable. Your attorney will ensure that any evidence is obtained and preserved properly.

Next, the attorney will evaluate the prosecution’s case against you. He or she will identify inconsistencies or weaknesses in the prosecution’s claims. To convict someone of hit and run, the prosecution must prove the charges “beyond a reasonable doubt.” Casting doubt on the defendant’s guilt may help the defendant avoid conviction.

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Wisconsin has gun laws that respect the rights of its citizens to engage in hunting, recreational gun ownership, and self-defense. However, people who have been convicted of a felony offense are prohibited from owning or possessing firearms and there are serious consequences for those convicted of illegal possession of a gun. If you are facing charges of illegal firearm possession, it is important to have a skilled and aggressive criminal defense lawyer who can help you build a case on your behalf. 

When Can Possession of a Firearm Be Illegal in Wisconsin? 

There are many situations in which a citizen may not be legally permitted to own or possess a firearm, but behavior related to felony convictions is one of the most common. Persons can be prohibited from having a gun in the following circumstances: 

• A felony conviction

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A conviction for drunk driving can have significant legal and financial implications. Operating while intoxicated (OWI) can lead to fines and loss of your driver’s license. Second and subsequent OWI convictions are penalized even more harshly. Some OWI offenses even result in jail time. If you or a loved one were accused of drunk driving, it is important to explore your legal options.

How to Defend Yourself Against an OWI or DUI in Wisconsin

Being accused of a crime like drunk driving or drugged driving does not necessarily mean you will be convicted of the offense. As with all criminal charges, the prosecution must prove your guilt beyond a reasonable doubt. An experienced criminal defense attorney may use many different tactics to cast doubt on your guilt or prove your innocence.

Understanding Probable Cause in a DUI Case  

Police do not have free reign to pull over drivers for no reason. Officers must have a reasonable suspicion that the driver has committed a crime. For example, if police see you run a red light or weave in and out of traffic, they have the right to pull you over. If police pull over a driver without a valid reason for doing so, any evidence obtained during the traffic stop may be inadmissible under the exclusionary rule. Evidence, such as the results of a breathalyzer test, would be unusable during future legal proceedings.

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The state of Wisconsin allows residents to carry firearms in many situations. Concealed carry licenses allow people to carry handguns on their person or in their vehicle, and the state also allows for open carry of handguns and other types of firearms in locations where concealed carry is allowed. However, while some weapons charges may be avoided by ensuring that a person has obtained the proper licenses and is following the laws for carrying and transporting firearms, criminal charges may apply in situations where a person uses a firearm and causes harm to others.

Crimes Involving the Use of a Weapon

Wisconsin law specifies certain criminal charges that fall under the category of “endangering safety by use of dangerous weapon,” which includes multiple types of cases where a person may accidentally or intentionally fire a gun and injure someone else or put another person at risk of being injured. These charges may include:

• Negligent operation or handling of a firearm - If a gun is accidentally discharged while cleaning or due to reckless handling, and this results in an injury or endangers someone’s safety, a person may face Class A misdemeanor charges. 

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Since Wisconsin and Illinois are neighboring states, there are many situations where drivers who reside in Illinois will visit or travel through Wisconsin. While many drivers are able to avoid any serious incidents, some drivers may be pulled over by police officers and issued traffic violations. Because the two states have different laws, a person who lives in Illinois may not realize the consequences they may face if they receive a Wisconsin traffic ticket. Failure to follow the correct procedures could result in unexpected penalties, so before paying a traffic ticket or taking other steps to address a violation, it is a good idea for these drivers to consult with an attorney who is experienced in Wisconsin traffic laws.

Consequences of a Traffic Violation Conviction

The state of Wisconsin uses a points-based system for assessing penalties for traffic violations. Different violations will cause a certain number of demerit points to be added to a person’s driving record. If 12 points are added to a person’s record within one year, their driver’s license will be suspended.

Illinois uses a combination of a points-based and conviction-based system. Traffic violation convictions will add points to a person’s driving record, but any three convictions within one year will result in a person’s license being suspended, and the accumulated point values will determine the length of the suspension. However, drivers in Illinois may be able to avoid convictions by asking a court to issue a sentence of court supervision. This option is often available even without the need to appear in traffic court after receiving a ticket. Following an order of court supervision, a person may be required to pay a fine or attend traffic school, and if they do not receive any other traffic violations during their period of supervision, they will not be convicted of a traffic violation, and no points will be added to their record.

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