You Don't Have to Drive to Be Charged With OWI

Wisconsin Criminal Attorney explains potential OWI charges

Operating a vehicle while intoxicated is a serious charge. Most people know they should be careful and not get behind the wheel of a car when they have been drinking or using drugs. If you are facing OWI charges when you weren't actively driving your car, read on to learn what you should do.
Acting Shows Intent
If you get into the driver's seat of a car or other vehicle when intoxicated, and the keys are in the ignition, that can be construed as intent to operate the vehicle even if you haven't started the car.
Another question is whether you manipulated any of the controls to drive the vehicle.
What the Police Can Do
If an officer suspects you operated the car, motorcycle, or other vehicle, with just keys in the ignitions, he or she can administer a field sobriety test. Refuse to take the test and you risk a possible suspension of your license. If you fail the test, then the officer can charge you with OWI based on your behavior around and in the vehicle and your test result.
If you wind up in jail because you have been charged with OWI, contact Eisenberg Law Offices. Our attorneys can try to help you have the charges dismissed or obtain a less severe sentence and give you advice on what you need to do to restore your driving license and record. OWI is not a charge to ignore, and legal representation is the best way to navigate the situation.
This post was originally published at https://www.eisenberglaw.org/you-dont-have-to-drive-to-be-charged-with-owi/

Get Your Car Ready for Safe Winter Driving

Is your car ready for Wisconsin Winter Driving?

After a long and ridiculously hot summer across the nation, the Upper Midwest and Great Lakes regions are finally getting a break. Much more comfortable temperatures have settled in Madison for now, but soon winter will descend. It's time to get your car ready.
Basic Preparations
Take your car in for a checkup and have everything inspected, from the heater to the brakes. If it's been a year since you last replaced your windshield wipers, do that now. And now is a perfect time to start talking to your mechanic about good winter tires and storage for your summer tires.
Have fluids like windshield washer fluid topped up, but do not use water. That will freeze.
Another item to check is your spare tire, and while you're looking in the trunk, update your emergency kit. Add at least one warm blanket, a spare pair of rain boots, jumper cables, tires chains, a first aid kit, a shovel, and cat litter -- you can use that last one to give your tires traction if you get stuck on ice or snow. Also add a phone charger that you can use in your car.
Check your ice scraper and replace it if the blade is worn. If you don't have an ice scraper yet, look for a combination scraper and snow brush. These are inexpensive and available at most auto and big box stores.
Before You Drive
Each time before you start driving when the weather is bad, check all your lights, your signals, and your tire tread. Always have your route planned out and be sure someone knows where you're going.
If the worst happens and you need to speak to an attorney about an accident, contact Eisenberg Law Offices. Our Madison law firm can help you deal with the aftermath of winter-weather driving events.
This post was originally published at https://www.eisenberglaw.org/get-your-car-ready-for-safe-winter-driving/

3 Reasons Contacting a Wisconsin Lawyer Before an Arrest Can Help

Don't wait to contact a Wisconsin Lawyer if you might be arrested

If you are afraid you will be arrested in or around Madison, Wisconsin, you do not have to wait to contact a Wisconsin Lawyer. In fact, if you can act sooner, waiting until you are arrested is almost always the wrong move. Taking charge and getting ahead of things can go a long way toward helping you defend against charges that may be filed.
1. Gain Control Over Your Arrest
When you are arrested, you control very little. You don't get to choose the time or place it happens, or the questions the police officers ask. If you contact a Wisconsin defense attorney beforehand, though, you have help on your side even before the arrest comes. Further, you can get some control over what is happening, instead of waiting and wondering.
2. Get a Jump on Your Defense
If you worry that an arrest is coming, working with an attorney early on allows you to start preparing your defense early. By the time the police arrest someone, they have begun an investigation and concluded that the evidence supports arresting that person. In other words, the police generally have a big head start in examining the evidence and putting their case together. If you start working with a Wisconsin attorney before you are arrested, you get an early enough start to help level the playing field.
3. Find a Chance to Reduce Charges
Finally, if you hire an attorney before your arrest, that attorney has a chance to look at charges and get them reduced before much damage is done, and even avoid an actual arrest itself. When an experienced attorney examines the evidence on which charges will be based, he or she has a chance to work with the prosecutor's office to have those charges reduced or, in some cases, dismissed entirely.
Anyone facing a potential arrest in Wisconsin should look to retain an attorney immediately. This can make a huge difference for you in getting out ahead of charges that may be filed.
This post was originally published at https://www.eisenberglaw.org/3-reasons-contacting-a-wisconsin-lawyer-before-an-arrest-can-help/

Can You Sue for Theme Park Injuries?

Consult an Attorney if you've suffered Theme Park Injuries

Wisconsin is home to many theme parks and water parks that can provide a great day of fun for you and your family. With thousands of people and rides that require frequent maintenance, though, theme park injuries will occur. If you are injured at a theme park or water park, you may not be sure when you can sue the park for damages. The park will usually take the position that it has no liability. Before you take their word for it, you should consult an attorney to learn about your rights.

When a Theme Park May Be Liable

When you go to a theme park, injuries can come from a number of situations. Sometimes walkways or attractions are not properly maintained. You might injure yourself when you slip, trip, or fall. In addition, a ride may malfunction, causing serious injuries to people who are on or near it at the time.
In addition, sometimes crowds of people create dangers all their own. Another patron or someone working at the park may act negligently or recklessly and injure you. This can be frustrating, and can not only ruin the park experience but also give you problems that last much longer. An attorney can help you navigate the law to help you get the compensation you deserve for your injuries.

Liability Waivers and Their Limits

Often, a theme park in Wisconsin will ask you to sign a liability waiver before you enter. While these are sometimes valid, it will depend on how the injury occurred, as well as the language of the waiver. If a park demands you sign away all rights no matter what happens, that will probably not be valid. In addition, certain kinds of damages cannot be waived, no matter what the waiver says.
If you have been injured at a theme park in Wisconsin and the park is at fault, you have rights. Don't rely on the park to tell you what those rights are. Contact Eisenberg Law Offices to get the compensation you deserve.
This post was originally published at https://www.eisenberglaw.org/can-you-sue-for-theme-park-injuries/

Injuries from Working Distracted Drivers

Distracted Drivers who are working are causing car accidents

By now, most people have heard about the dangers of distracted driving. Unfortunately, too many people think of it as something for others to worry about. Distracted driving is a major problem, in Wisconsin and throughout the United States. When drivers lose focus on what they are doing, they cause accidents. If you have been injured by someone driving on the job while distracted, you may be entitled to compensation.

How Distracted Driving Causes Accidents

You probably think immediately of texting and driving when you think of distracted driving accidents. This is why texting and driving is illegal in Wisconsin. But the stereotype of a teenager playing on a phone is only part of the story. Every day, intelligent working adults, pressed for time, attempt to multitask while they drive: eating, talking on the phone, texting, or drinking coffee. People excuse it by thinking this is working hard, and that multitasking makes them more productive.
Unfortunately, what it does is make them dangerous. Driving requires a focus, as you are in a vehicle moving at sometimes high speeds, with other vehicles all around. One unintentional veer into another lane can create serious injuries or deaths--and it does so almost every day. A distracted driver is a negligent driver.

Liability for Distracted Driving on the Job

When someone on the job injures you while driving distracted, you have the ability to recover damages. Depending on the situation, you may be able to recover from the driver's insurer, his or her employer's insurer, or either the driver or employer separately. These damages can include pain and suffering, lost wages, medical costs, and any other economic damages you have suffered as a result of the accident.
If you have been injured due to someone's distracted driving, you have legal rights. Contact Eisenberg Law Offices to talk through your case and your injuries. We will fight to get you the compensation you need and deserve for your injuries.
This post was originally published at https://www.eisenberglaw.org/injuries-from-working-distracted-drivers/

Headphones And Distracted Driving In Wisconsin

Wearing Headphones can cause Distracted Driving in Wisconsin

Distracted driving in Wisconsin is an ongoing challenge. As technology has expanded to infiltrate our vehicles, the car accident attorneys at Eisenberg Law Offices are noticing ever-increasing numbers of distracted driving cases. While most people understand that talking on the phone or texting and driving is a distraction that causes car accidents, another very common but less well-understood distraction is the use of headphones or earbuds while driving.
Although Wisconsin does not prohibit the use of headphones or earbuds while driving, that doesn't mean they aren't a distraction.

Not Being Able To Hear Causes Car Accidents

Sometimes, drivers use these devices to listen to music or talk on the phone while driving since this allows drivers to keep both hands on the wheel and their eyes on the road. However, anything that prevents a driver from devoting 100% of their attention to the roadway could be considered distracted driving in Wisconsin, earbuds and headphones included. As a general rule of thumb, drivers should always make sure they can hear what is going on around them – inside and outside the vehicle. Headphones and earbuds can make it harder for drivers to hear approaching sirens, motorcycles, or other vehicles because they fully block the ears, unlike music played through car speakers.
Our best advice is to refrain from using headphones or earbuds while driving, but if you must, keep the volume low enough that you can hear what is going on outside the car. You might even try to use the device in just one ear, keeping your other ear "on the road". The same recommendation applies to pedestrians and bicyclists – you always want to be able to hear what is going on around you when you're out and about, but especially when you are near a roadway.

Distracted Driving And Eisenberg Law Offices

Having the ability to hear your surroundings can prevent serious car accidents whether you are on foot, on a bike, or in the car. If you have been involved in an accident involving a distracted driver, as a victim or as the driver, contact Eisenberg Law Offices in Madison for advice and representation.
Call 608-256-8356 or email Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/headphones-and-distracted-driving/

When Is A Vehicle Totaled | Madison Car Accident Attorneys

What Determines When A Vehicle Is Totaled?

After the shock of a car accident wears off and injuries are taken care of, most vehicle owners start to wonder how much damage their car sustained. Foremost in their mind is usually whether or not the vehicle is totaled.
When a vehicle is totaled, it is considered to be a "total loss" by the vehicle insurer. Sometimes, drivers know immediately that the vehicle has been totaled - the damage is that severe. But in other cases, a driver may be surprised to learn that their car has been declared a total loss by their insurance company. Let's take a look at how this can happen.

How A Vehicle Is Declared A Total Loss

In general, insurance companies compare the Actual Cash Value (ACV) of a vehicle with the cost of repairs to determine if a vehicle is a total loss or not. If the cost of repairs exceeds the ACV of the vehicle, a total loss is likely. However, this simple comparison isn't always as straightforward as it seems. Different insurers use different criteria and sources to determine ACVs and each state has its own set of regulations as well.
In Wisconsin, the Total Loss Threshold is 30% and 7 years. If the vehicle is less than 7 years old and the cost to repair it would be more than 30% of its fair market value, the vehicle will likely be declared totaled. As you can guess, estimating vehicle damages can be a very subjective process, which is where insurer discrepancies arise. Sometimes, whether or not a vehicle is totaled after a car accident comes down to the individual vehicle appraiser.

What To Expect When Your Vehicle Is Totaled

If the insurance company declares the vehicle a total loss, you will receive a payment from them equal to the amount of the Actual Cash Value of the vehicle. The ACV is what your car was worth before the car accident, not afterward. You'll have to pay your deductible, but after that has been subtracted the rest of the funds are yours. Some insurers will replace cars that are less than three months old with a new vehicle, but that varies from insurer to insurer. For a better understanding of your specific insurer's policies, you can contact their customer service department. They are required by law to provide you with such information if you request it.
If you have been involved in a car accident and are having trouble with your insurance company, contact the car accident attorneys at Eisenberg Law Offices for help. Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/when-is-a-vehicle-totaled-madison-car-accident-attorneys/

Facts About Wisconsin Drug Laws | Eisenberg Law Offices

Little-Known Facts About Wisconsin Drug Laws

Our nation's drug laws are complex and varied. Federal and state crimes may differ and, in some cases, you may be charged with a crime even if you don't actually have any drugs in your possession. Here's a look at some little known facts about Wisconsin drug laws.

6 Surprising Facts About Wisconsin Drug Laws

1. Weight Includes More Than Just The Drug. In Wisconsin, drug charges and the penalties assessed are based on the amount of drugs you have in your possession. The amount is determined by weight, but weight includes more than just the drug itself. It can also include "any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance." In the case of marijuana, for example, weight may include stems, roots, dirt, and water weight. This added weight can lead to inflated sentencing because it appears as if you had more drugs in your possession than you really did.
2. Even Having Drug Paraphernalia In Your Possession Can Lead To Jail. Wisconsin drug laws don't just target the drug, but also drug paraphernalia by making it illegal to "plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance." All a prosecutor has to do is prove that you planned to use the paraphernalia for its intended purpose for you to be fined and possibly send to jail.
3. You May Lose Your Driver's License. Almost all WI drug charges can lead to a loss of your driver's license, even if the drug charges were not the result of an OWI or traffic stop. This penalty is determined by the judge; sometimes it is imposed, sometimes it isn't. If it is imposed, you may have an especially difficult time trying to rebuild your life after drug charges since you most likely need a license to get to and from work or school.
4. Your Property And Assets May Be Confiscated. Wisconsin's civil asset forfeiture law allows police to confiscate your property and assets even if they are only loosely connected to illegal activity. You could lose your bail money, cars or your home even if you are not convicted!
5. "Possession" Has A Wide Definition. Under Wisconsin drug laws, you can be charged with "possession" even if you don't have any drugs on your physical person at the time of arrest. Having drugs in your house, car, or even within your reach is enough to warrant possession charges. The drugs don't even have to be yours to be charged with possession.
6. Even A First Offense Can Result In Prison. Different drugs carry different penalties in Wisconsin. For example, marijuana is still illegal in the state and first offenses for possession are considered a misdemeanor, which can result in up to 6 months of jailtime. First offenses for harder drugs range from misdemeanors to felonies, depending on the drug, and fines and penalties increase for secondary and subsequent offenses.

Wisconsin Drug Law Complexity Requires Help From A Criminal Defense Attorney

Drug sentencing is affected by the drug you are charged with, the actions of law enforcement, the judge who hears your case, and even the county in which you are charged. Nothing about fighting drug charges in Wisconsin is simple. Don't go it alone. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison for help and representation as soon as you've been charged.
We offer free consultations so you can tell us your side of the story and we'll tell you if we can help you. Contact our team to schedule your free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/facts-about-wisconsin-drug-laws-eisenberg-law-offices/

Fighting Child Abuse Charges In WI | Eisenberg Law Offices

Fighting Child Abuse Charges In Wisconsin

Child abuse is a serious offense in Wisconsin, resulting in a criminal felony if convicted. Every allegation of child abuse is taken seriously and is thoroughly investigated.
When facing child abuse charges, it is vitally important to contact an experienced defense attorney for advice and representation, even if you know the claims to be untrue. Being associated with even a whisper of child abuse – whether proven or not – is enough to derail your life, affect your career and reputation. The best defense is an early defense with help from Eisenberg Law Offices.

Child Abuse Charges In Wisconsin

Wisconsin State Statute 948.03 defines the physical abuse of a child as a crime in the state. Under the statute, the following are considered child abuse crimes:

• Intentional causation of bodily harm
• Reckless causation of bodily harm
• Failing to act to prevent bodily harm
• Engaging in repeated acts of physical abuse to the same child

Penalties vary depending on the crime and its severity, if the accused has a history of child abuse, and the accused's role in the abuse (perpetrator vs. witness who failed to protect the child).

Fighting False Child Abuse Charges

Child abuse devastates victims, their families, and their communities. There is very little sympathy for anyone accused of child abuse, even if those charges are unproven or later disproved. Once a reputation has been destroyed, it is very difficult to recover it, which is why it is so important to defend yourself against false charges immediately. Don't wait in the hopes that the accuser will retract his/her statement.
We have seen too many instances when lives have been ruined by false claims of child abuse. The most common ways this occurs are:

• Accidents or Injuries That are Mistaken for Child Abuse. There are many people involved in the life of a child, parents, grandparents, teachers, coaches, babysitters, neighbors. Sometimes well-meaning people mistake normal childhood injuries as evidence of child abuse. They contact the police to report their concerns, and suddenly you find yourself the suspect in a child abuse investigation. Even if you are innocent and the explanation is a simple one, it is always best to work with an attorney to present your side of the story.
• Blatantly False Allegations to Punish the Accused. Sometimes, people are accused of child abuse not because of well-meaning friends and caregivers, but because the accuser wants to punish the accused. This is common in situations where there are domestic disputes or if parents are going through a divorce or custody battle. The accuser tries to make the other parent look bad to sway the judge's decision on custody or visitation. Sometimes, false allegations come from the child as a way to obtain leverage over the adult. Again, even if you know the allegations are nonsense, don't try to fight them on your own. Contact an attorney to help guide you through the process and help you minimize damage to your reputation and your relationship with the child.

Consult Eisenberg Law Offices If You Are Facing Child Abuse Charges

If you need to report child abuse, call 911. Information on the signs of child abuse and how to report it can be found on the Wisconsin Department for Children and Families website.
If you are facing child abuse charges in Wisconsin, contact an experienced criminal defense attorney at Eisenberg Law Offices to discuss your situation. We offer free consultations and represent clients throughout Wisconsin and northern Illinois.
Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/fighting-child-abuse-charges-in-wi-eisenberg-law-offices