False Imprisonment Is a Serious Crime in Wisconsin

False Imprisonment - what it is and what to do if you've been charged

False imprisonment is a felony in Wisconsin, and the charge covers more than you might realize. It is far from a narrowly defined crime and does not resemble the jail-type scenario that many think of when they hear the term. Instead, it refers to confining or restraining someone against their will when the person doing the restraining knows that they don't have the right to do so. The law in Wisconsin gives courts a lot of leeway in determining whether a charge of false imprisonment might apply.
When Does False Imprisonment Apply?
False imprisonment is the restraint or confinement of a person against their will by someone who knows they do not have the right to restrain or confine that person. While a case where someone trapped another person in a room might qualify as false imprisonment, additional scenarios may qualify as well. For example, if you prevent a girl- or boyfriend from leaving your apartment or house by blocking or standing in front of the door, even for a short period of time, that could be false imprisonment.
Reasonable Means of Escape
Wisconsin statute § 940.30 (2014) covers false imprisonment. Previous court rulings have noted that someone only has to use whatever means of escape is reasonable in a situation involving false imprisonment. The person does not have to perform dangerous feats or go to great lengths to escape in ways that would cause bodily harm. What that really means is that someone does not have to jump out a window for a situation to be called false imprisonment -- it's not the type of escape that defines the charge.
Because the charge of false imprisonment can be applied as a result of so many different factors, you need to speak with a lawyer immediately if you've been charged with falsely imprisoning someone. Contact Eisenberg Law Offices immediately.
This post was originally published at https://www.eisenberglaw.org/false-imprisonment-is-a-serious-crime-in-wisconsin/

How to Deal With Sun Glare When Driving

Avoid a car accident due to sun glare

It's safe to say that all drivers have encountered "sun glare" at one time or another, even as a passenger in a car. This sudden sun-in-the-eyes phenomenon is the bane of those heading east in the morning and west in the afternoon. While it can't be totally avoided, sun glare doesn't have to be as frequent as it seems. You can take steps to reduce the chances of encountering it, which keeps you safer and helps prevent accidents.
What Is Sun Glare?
Sun glare is literally that glare you face when the sun shines directly into your windshield as you're driving. Sun glare makes it very hard to see, both because the glare obscures what's in front of you, and because you involuntarily squint and try to look somewhere else, futher reducing what you can see.
As you can guess -- and have likely experienced -- sun glare can increase the risk of getting into an accident because you or another driver can't clearly see what is going on in front of you. You could run red lights, hit vehicles and people, and even run off the road.
What to Do When It Happens
You probably already try to lower and adjust your sun visor to block out what light you can. You can also try to sit up straighter to make more of the glare disappear behind the visor, too, if the sun is too low on the horizon to be blocked by the visor when you're sitting normally.
In addition to adjusting your body and the visor, slow down. Part of the problem with sun glare is that you have less time to figure out what to do as you drive past potential obstacles. Slowing down gives you a few extra seconds, which can make all the difference.
How to Reduce the Occurrence of Sun Glare
You can also make some preventative moves. Keep your windshield clean inside and out; grime often builds up on the inside of the windshield and increases glare. Cover light-colored dashboards with dark cloth to further reduce interfering reflections in the windshield.
Also, wear sunglasses. While these can't eliminate glare, they can reduce the halo or starburst effect that accompanies bright light.
Have you been in an accident or need other legal advice? Contact Eisenberg Law Offices to discuss your situation and see what course of action would be best to take.
This post was originally published at https://www.eisenberglaw.org/how-to-deal-with-sun-glare-when-driving/

Reduced Charges After a DUI Arrest

Fight DUI charges to save your right to drive

If you are convicted of driving under the influence in Wisconsin, you face significant penalties. Even for the first offense, you can face license revocation, forfeitures, education requirements, and much higher insurance premiums. For this reason, you will want to fight any DUI charges. If you can't have charges dismissed entirely, you should try to reduce the charges to a lesser offense. You need experienced, effective counsel to achieve this.
The Evidence at Arrest
One way to approach a reduced charge is to look at the evidence of your DUI. A blood or breath test result close to the legal limit can create doubt as to your blood alcohol level at the time you were driving. Someone who is overly tired or suffering from diabetes or other conditions may appear drunk or under the influence of drugs when other factors are at play instead.
Circumstances of the Arrest
Your attorney may also challenge whether the arresting officer had probable cause to pull you over in the first place. If there was not a good reason to stop or test you, you may be able to defend yourself on these grounds. This may provide a point on which to negotiate or to fight to dismiss the charges in their entirety.
Negotiating with the State
After a DUI arrest in Wisconsin, the prosecutor may be willing to negotiate the charges. Attorneys like the experienced team at Eisenberg Law Offices work regularly with prosecutors. They understand not only how to present the best case at trial, but how to work with prosecutors beforehand to reduce your charges whenever possible.
A DUI conviction can significantly affect your life in Wisconsin. Even your first offense creates consequences that last for a long time. Before you accept the charges, give us a chance to protect your legal rights.
This post was originally published at https://www.eisenberglaw.org/reduced-charges-after-a-dui-arrest/

How to Protect Your Rights After a Snowmobile Accident

If you've been in a snowmobile accident, here's what to do

In Wisconsin winters, many residents and visitors enjoy snowmobiling. While this provides a great deal of entertainment, a snowmobile is a fast, powerful vehicle that can cause injuries. In fact, from June 2016 through May 2017, Wisconsin's Department of Natural Resources reported 166 accidents that resulted in injuries, and 16 deaths from snowmobile accidents. If you have been injured in an accident involving a snowmobile, it is important to move to protect your legal rights.
Report Your Accident
After a snowmobile accident, you should contact the local police to file a report. Wisconsin law requires you to file a report within ten days of the accident. In addition, this provides an official record of the accident. By the time you get to trial, this record will be critical to your ability to prove the basic facts of the case, as well as helping you remember key details of what happened.
Seek Medical Care
If you are in an accident, you should take care of yourself right away. Injuries aren't always obvious after an accident; you may not feel the effects until several days afterward. By seeing a medical professional right away, you can identify injuries you have sustained, and get the treatment you need to recover.
In addition, when you seek damages after a snowmobile accident, you need to demonstrate the injuries you suffered. Your physician's treatment records will serve as evidence both that you were injured and that you did what you could to prevent the injuries from getting worse.
Insurance and Attorneys
Liability coverage for snowmobile drivers often serves as the primary source of compensation for your injuries. You should collect insurance information from the other driver and report the accident as soon as possible so they can start working on your claim.
That said, before you accept an offer from an insurance company, you should consult your personal injury attorney. He or she will work on your behalf to get you the maximum available recovery, rather than trying to get you to settle and go away. Contact Eisenberg Law Offices to learn more.
This post was originally published at https://www.eisenberglaw.org/how-to-protect-your-rights-after-a-snowmobile-accident/

Most Common Car Accident Injuries to the Neck and Spine

Get checked for these common car accident injuries soon after a crash

If you are in a car accident, you are likely worried first about your car. The adrenaline often keeps you from feeling the effects of an injury until well after the accident. A crash, though, creates a powerful impact on your neck and spine. As soon after an accident as possible, whether you feel symptoms or not, you should visit a doctor to check for these common car accident injuries.

1. Spinal Pain

Spinal pain is one of the most common injuries after an accident. It is particularly insidious because you can confuse it with regular back pain that we may experience every day. Over time, though, this can interfere with many of your day to day activities.

2. Neck Sprain

If an accident causes your body to thrust against your seat belt, the jolt to your neck can give you a sprain. This gives you neck pain that prevents you from moving your head or neck normally.

3. Herniated Disc

Your spine consists of several vertebrae. To cushion them from pushing against each other and protect the spinal cord, you have discs that nestle between them. Damage to the discs creates pain and leaves the spinal cord vulnerable.

4. Pinched Nerve

A pinched nerve or bulging disc in your neck can send pain through your neck, head, shoulders, and back. You may feel weakness and numbness, either immediately after the accident or in the days and weeks that follow.

5. Numbness

Because your spinal cord is at the center of your nervous system, a severe injury can cause you pain, numbness, or even loss of control in different parts of your body. This may occur gradually after you are injured.
All of these injuries can create pain and discomfort that impacts your work and your personal life. If you are in a car accident, even if you don't feel pain initially, you should go to a physician for diagnosis and treatment. If you have suffered injuries in a crash in or around Madison, Wisconsin, contact Eisenberg Law Offices for effective representation.
This post was originally published at https://www.eisenberglaw.org/most-common-car-accident-injuries-to-the-neck-and-spine/

Punitive Damages in Wisconsin Personal Injury Cases

Can you collect punitive damages in your Wisconsin personal injury case?

If you are injured in Wisconsin, you can sue the person who causes your injuries for money damages. This includes compensatory damages: medical bills, lost wages, lost property value, and other economic losses. In some cases, though, you may also seek punitive damages in your Wisconsin personal injury case. These come on top of replacing your losses and can form a critical part of your award at trial.

What Are Punitive Damages?

Unlike compensatory damages, punitive damages are designed to punish the person at fault for your injuries. In addition, they serve as a warning to others that particularly dangerous conduct will be punished.
Because these damages are considered outside of your losses, courts award them in limited and infrequent cases. Punitive damages are available only when the defendant's conduct is particularly egregious. While what happened to the injured party is important, these damages focus on the person or people who inflicted the injuries.

Standard for Awarding Punitive Damages

Courts will consider many factors to determine both whether to award punitive damages and how much to award. These include the following:

• how much economic damage you suffer
• how much more damage could have resulted
• whether the conduct was particularly malicious or reckless
• whether the defendant can afford the damages
• punitive damage awards in similar cases

Limits in Wisconsin
At one time, punitive damages had no limits. Tort reform movements have limited punitive damages in different ways, focused on either the proportion of punitive to compensatory damages or the total amount. In Wisconsin, both of these apply; punitive damages are capped at the greater of twice the compensatory damages or $200,000. The only exception is punitive damages for drunk driving, for which there is no cap.
If you are injured in Madison, Wisconsin, you need experienced personal injury attorneys who can help you achieve the maximum damages available. Eisenberg Law Offices can give you the representation you need.
This post was originally published at https://www.eisenberglaw.org/punitive-damages-in-wisconsin-personal-injury-cases/

License Is Revoked After 4th OWI In Wisconsin

A 4^th OWI In Wisconsin Now Results In Permanent Loss Of Driver's License

In March of 2018, SB 135 was signed into law in Wisconsin. This new law permanently revokes a driver's license if the driver has been convicted of a 4^th OWI in Wisconsin. Prior to this bill becoming law, drivers who received a first, second, third, or fourth OWI could have their license revoked for up to 3 years with the 4^th OWI resulting in a felony charge and mandatory jail time. Now, the punishment is even more severe as the license is revoked permanently upon a 4^th OWI.

A 4^th OWI Or A Combination of Offenses Can Result In License Revocation

The new law affects those convicted of a 4^th OWI or a second OWI in combination with two other serious OWI-related offenses such as injury by intoxicated use of a vehicle, homicide by OWI, homicide by negligent operation of a vehicle, and any felony crime under the motor vehicle code.
Other details about the new law include:

• The offenses must occur within 15 years of the prior conviction in order for the law to apply.
• The new law is not retroactive. However, if you have three previous convictions for OWI, your next conviction will count as your fourth and you will lose your license.
• Driving After Revocation. Anyone who has had their license revoked and is then caught driving can be fined $2,500 and be jailed for up to one year.

Avoid Having Your License Revoked. Contact Eisenberg Law For Representation

The permanent loss of a driver's license can have a devastating effect on your future. Without a license it will be harder to find and keep a job, care for your family, and participate in the community. Don't let a poor decision derail your entire future. If you have been charged with an OWI, whether it is your first or your fourth, contact the OWI defense attorneys at Eisenberg Law Offices in Madison, WI for help.
There are many ways to defend against and defeat an OWI charge. We will explore all of the defense options available to you and fight aggressively for your rights. If you are facing a 4^th OWI in Wisconsin and are worried about losing your license, contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation as soon as possible.
This post was originally published at https://www.eisenberglaw.org/license-is-revoked-after-4th-owi-in-wisconsin/

Suing For Police Brutality In Wisconsin

Violent interactions between citizens and Wisconsin police remain common despite increased media attention and officer training. When a citizen is injured during an altercation with the police, he or she may be able to sue for police brutality.

Section 1983 of Civil Rights Act Protects Against Police Brutality

The Civil Rights Act protects U.S. citizens' constitutional rights. Section 1983 of the Act provides specific protection from the use of excessive force by law enforcement while also providing a way to sue police officers, government agencies, and even officials in those cases. Section 1983 protections commonly cover 4^th, 5^th, and 14^th Amendment rights.
Under Section 1983, victims can file lawsuits in federal court if they have been subject to mistreatment by the police such as:

• Excessive force. Officers are able to use reasonable amounts of force when restraining or capturing suspects, but the courts can find that in certain circumstances the force was unreasonable, which would allow a victim to recover damages.
• Racial slurs. Racial slurs or epithets are never condoned under any rule of law. The use of such language constitutes verbal abuse and can lead to a recovery of damages under Section 1983.
• Lethal force. The use of lethal force, such as shooting to kill a suspect, may be a violation of a person's 4^th Amendment Rights; both victims and their families can sue for damages in these instances.

Have Your Rights Been Violated In Wisconsin?

Victims of mistreatment by police officers often feel helpless and don't know where to turn or what to do to get justice. Fortunately, the law does offer protection for victims of injustices like this by allowing them to bring lawsuits against the law enforcement officers themselves, the government agency employing those officers, and even the elected officials of the agency employing the officers.
Although such situations can be complex and you may feel hopeless, remember that civil protections do exist and there are attorneys available to help you such as those at Eisenberg Law Offices in Madison.
If you have been injured during an arrest or altercation with the police and wonder if you can sue for damages, contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to discuss your situation.
This post was originally published at https://www.eisenberglaw.org/suing-for-police-brutality-in-wisconsin/

Criminal Defense Of A Sexual Assault Charge In WI

Contacting A Criminal Defense Attorney Is The First Step In Defending Against A Sexual Assault Charge

Sexual assault charges have always carried with them a heavy stigma, even if they turn out to be untrue. In addition to damaging a reputation, such charges come with hefty fines and penalties. Even worse, long-term consequences that can persist even after the matter has been settled and punishments completed.
If convicted on a sexual assault charge in Wisconsin, you'll be required to register as a sex offender, spend some time in jail, and pay large fines. That's why the very first thing you should do if you are charged with a sex crime is contact a criminal defense attorney. Contacting an attorney is vital, regardless of whether the charges are true or not. If true, an attorney can help you build a strong defense that minimizes the long-term consequences of a conviction. If untrue, it is even more important to have an experienced attorney on your side, defending your good name and protecting your rights.

Sexual Assault Penalties

 Sexual assault is a felony under Wisconsin statute 940.225. The law protects strangers, peers and spouses; charges remain the same regardless of the relationship between the victim and assailant.

• 1^st Degree Sexual Assault. This charge covers sexual contact or intercourse that occurs without consent and results in pregnancy and/or great bodily harm. It also includes threats of violence with or without a deadly weapon. 1^st Degree Sexual Assault is a Class B felony and carries a prison term of up to 60 years.
• 2^nd Degree Sexual Assault. 2^nd Degree charges are imposed when there was nonconsensual sexual contact or intercourse that results in moderate injury, illness, or mental harm. This includes sexual contact with anyone who is incapable of giving consent and includes instances of assault by specialized caregivers. 2^nd Degree Sexual Assault is a Class C felony, carrying fines of up to $100,000 and/or up to 40 years in prison.
• 3^rd Degree Sexual Assault. This includes sexual intercourse or contact without consent and is a Class G felony. Fines of up to $25,000 and/or up to ten years in prison are possible.
• 4^th Degree Sexual Assault. This includes sexual contact without consent and is a Class A misdemeanor. Fines of up to $10,000, nine months in jail, or both, are possible.

Build A Strong Defense With Help From An Eisenberg Law Criminal Defense Attorney

In most cases, convictions center on whether or not consent was obtained before the sex act was performed. A criminal defense attorney will likely build a defense centered around the question of consent and what constitutes refusal. This makes sex crime cases complex and complicated. With consequences as severe and far-reaching as they are, building a proper defense is crucial to securing the best possible outcome for your future.
If you or a loved one are facing sex charges in Wisconsin, contact the criminal defense team at Eisenberg Law Offices in Madison, WI for help. We will explore all available defense options, advise you of your options and the likely outcomes, and advocate aggressively on your behalf to obtain the most favorable outcome possible.
Contact the criminal defense lawyers at Eisenberg Law Offices by calling 608-256-8356 or emailing Info@eisenberglaw.org to arrange a free, confidential consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/criminal-defense-of-a-sexual-assault-charge-in-wi/

Vehicle Safety Features Help Reduce Teenage Car Accidents

Modern Vehicle Safety Features Help Reduce Teenage Car Accidents In Wisconsin

According to the Insurance Institute for Highway Safety (IIHS), teenage car accident fatalities are on the decline. Some of this has to do with stricter licensing requirements and graduated licensing systems, but another component of this positive trend can be attributed to advances in automobile safety systems.
There was a time when the safest cars for young drivers were considered to be "big, slow, and old". That philosophy does not hold true any longer. Thanks to advances in technology like auto-braking, blind spot monitoring, electronic stability control, and lane departure warnings, today's modern cars are safer than ever for teens and adults alike.
Inexperience Kills
The biggest factor in teenage car accidents in Wisconsin is simple inexperience. A lack of highway driving experience or experience driving in the snow or inclement weather, dark roads, areas heavy with other cars, or even areas heavy with deer can all contribute to teenage traffic accidents.
This is where automobile safety features become most important. Almost all of these features act as additional "eyes and ears" for drivers providing them with advance warning of dangers or risks or even literally putting the brakes on to prevent or minimize an accident.
While there is no substitute for experience, the safest cars for young drivers have safety features that provide parents with peace of mind knowing that their teenage driver is as protected as he or she can be when behind the wheel.
Cost Considerations
The downside is cost. Traditionally, a teen's first car is used, but since many of these safety advancements are not standard and were not even available prior to 2012, it's difficult to find inexpensive cars that have these features. Parents will likely have to balance cost with safety features to find the safest cars for young drivers, but the benefits are worth it. Not only do these systems help protect young drivers, they can help reduce auto insurance rates too.
Another option is to lease a new car. Some new car leases are very affordable making them a good choice for families that want more safety features but balk at the purchase price of a new car. In general, it's best to buy as much safety as you can afford if you are concerned about teenage car accidents.
To help you get started, consider The Insurance Institute for Highway Safety list of recommended used cars for teenagers.
Practice And Familiarity Can Reduce Teenage Car Accidents
Regardless of whether or not your car makes the list of the safest cars for young drivers, the most important way to reduce the risk of teenage car accidents is to make sure they are comfortable driving the car. That means taking time to practice driving but also:

• Choosing an appropriately sized car. For example, large vehicles are generally considered safer in an accident but they may be too big for teens to handle. Cars that carry a lot of passengers can lead to more teens being in the car which may distract the driver.

• Becoming familiar with the features of the car and how it operates. This includes safety features as well as general operating features, dimensions, and how the car performs/behaves.

New drivers actually have an advantage over experienced drivers when it comes to automobile safety technology. Unlike older drivers, today's teens will experience these technologies from the moment they get behind the wheel making them more apt to understand and use the technology to improve driving safety.
If your teen is involved in a car accident in Wisconsin, contact the team at Eisenberg Law Offices for help. We represent drivers and victims in auto accidents throughout Wisconsin and help our clients work with auto insurers to settle claims.
Eisenberg Law Offices can be reached by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/vehicle-safety-features-help-reduce-teenage-car-accidents/