Driving in Wisconsin? You Just Agreed to a Drug Test – and You Shouldn't Refuse

 

It’s not a good idea to refuse the breath or blood test if you are pulled over in Wisconsin

Wisconsin has an implied-consent law for drug testing drivers. If you operate a vehicle in the state and are pulled over and arrested, the law-enforcement officer has the right to require a drug test from you. Because the state has determined that you’ve given consent merely by operating the vehicle, you should not refuse this requirement. Doing so could open you up to additional charges.

Implied consent is consent that you technically don’t have to consciously give. Instead of the officer asking your permission and getting your consent to test you, you are assumed to have given consent because the state’s government has decreed that, if you drive and are arrested, you are giving consent. Thus the consent is implied because of your actions.

The law-enforcement officer can also choose the method of the drug test. It could be as simple as a breath test, or you could be required to head back to the station to take a blood test. Be careful, as even asking to speak to a lawyer first about the test could be construed as you refusing the test overall and thus breaking the law.

It should be repeated that this law applies when you’re under arrest. Saying no to the test means you’re breaking the implied-consent law and can result in suspension of your license and a requirement to use an ignition lock and attend alcohol counseling.

Implied-consent laws can be confusing to people who are passing through Wisconsin or who have just moved to the state and who are not yet familiar with the laws. For anyone who has been charged with violating the implied-consent law, however, getting a lawyer is now urgent. Contact Eisenberg Law Offices at (608) 256-8356 and speak to a lawyer there about the charges you face and how best to proceed.

This post was originally published at https://www.eisenberglaw.org/driving-in-wisconsin-you-just-agreed-to-a-drug-test-and-you-shouldnt-refuse/

How an Attorney Can Help You After You've Been in an Accident

 

A Wisconsin Personal Injury Attorney can help you after a car accident

When you think about what would happen if you were in an accident, you might think vaguely about medical treatment, missing work, and maybe hobbling around on crutches for a while. What you don’t think about are the length of time you might spend in medical treatment, including being in the hospital, about your insurance company not paying out the full amount that you’re entitled to, about the other person’s insurance not paying out at all, and more.

Being in an accident sets off a long chain of events that can really lower your quality of life even when you get the best treatment possible. Because you could encounter poor treatment, too, and because your accumulated costs could exceed insurance limits, you need to speak to an attorney to ensure that you’re being treated properly throughout your recovery and afterward.

Insurance policies, for example, have maximum payout amounts depending on the coverage that the policy holder possesses. If that doesn’t cover your medical costs, and if your health insurance won’t pay for part of the costs (e.g., because the treatment was done out of network), you could face large bills that shouldn’t be your responsibility. In this case, you need a lawyer to help you.

You could also find that you need additional treatment, such as help for post-traumatic stress disorder, or you’re having trouble getting appropriate payouts to repair or replace your car. An attorney can help you get through the maze of post-accident life. If you’ve been in an accident and are facing unpaid bills or treatment, contact Eisenberg Law Offices at (608) 256-8356. You need to concentrate on recovering, not on chasing insurance companies for payment.

This post was originally published at https://www.eisenberglaw.org/how-an-attorney-can-help-you-after-youve-been-in-an-accident/

Understanding and Defending Mail Fraud in Wisconsin

 

Know how to defend yourself from Mail Fraud Charges in Wisconsin

Mail fraud is a serious offense, whether at the state or federal level. In Wisconsin, the state classifies mail fraud as a Class H felony. An arrest and conviction bring you up to 6 years in prison and up to a $10,000 fine. If you are charged with mail fraud, you need to find an experienced criminal defense attorney right away.

Federal Mail Fraud

Federal mail fraud charges include essentially two elements:

• Planning or trying to plan a scheme to defraud others; and
• Using the mail to carry out the scheme.

Usually this comes down to the first element, demonstrating whether or not there was an intent to commit fraud. This means you are trying to trick someone into giving you something of value by offering something that is not worth what you claim. 

Wisconsin Mail Fraud

Wisconsin’s own mail fraud charge expands the definition to include any act to commit financial crimes or fraud that includes either depositing an item with the post office or a commercial carrier, or receiving an item from the post office or a commercial carrier. This can include any of the following:

• Fraud against senior citizens
• Fraudulent sweepstakes claims
• Fraudulent telemarketing schemes
• Fraudulent employment offers
• Fraud against veterans

In any of these, once you either drop off or pick up something in the mail, you can be charged with mail fraud for the alleged scheme.

Defending Mail Fraud Charges

Like most crimes, mail fraud requires proving that you intend to commit fraud or financial crimes. Getting arrested does not mean there is no hope. Still, this is a complex area of law that you can’t try to navigate yourself or with someone inexperienced in financial crimes. You need an attorney who understands not only the court system, but the charges and how to defend against them. If you are facing Wisconsin mail fraud charges, contact Eisenberg Law Offices online or at (608)256-8356. We will help protect your rights and your good name.

This post was originally published at https://www.eisenberglaw.org/understanding-and-defending-mail-fraud-in-wisconsin/

Facing Armed Robbery Charges in Wisconsin

 

Armed Robbery in Wisconsin is a Serious Charge – get the help you need to defend your case

Wisconsin, like every state, pays special attention to prosecuting and punishing violent crimes. Armed robbery is an example; by its very nature, it includes at least the threat of violence while carrying out the crime. If you are charged with armed robbery in Wisconsin, you need to know what it means, and then get a good criminal defense attorney to defend you.

Defining Armed Robbery

Armed robbery in Wisconsin consists of forcibly stealing property from its owner while using or threatening to use a dangerous weapon. This can be a gun, but other weapons serve as well. A baseball bat, a knife, a shovel, or anything else you brandish to threaten someone could be considered a dangerous weapon. Further, the weapon does not have to be real; if you have a toy gun that looks real, that is enough to threaten someone and create an armed robbery charge.

Penalties on Conviction

Armed robbery is a Class C felony in Wisconsin. If you are convicted, you will face penalties up to 40 years in prison and a $100,000 fine. Beyond this, you will also lose the right to own or carry a firearm, and you may have to pay restitution to the robbery victim. Your reputation and your life will take a heavy impact.

Defending Armed Robbery Charges

If you are arrested and charged with armed robbery, these penalties are not a foregone conclusion. You have defenses available; the prosecution must prove your intent, ownership of the property, and your threat to use a deadly weapon. An experienced defense lawyer will take the time to understand the details and facts of your case rather than make broad assumption, and demonstrate any mitigating circumstances that can affect your case if you are convicted.

If you have been charged with armed robbery, you can’t leave your defense to chance. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can help protect your rights.

This post was originally posted at https://www.eisenberglaw.org/facing-armed-robbery-charges-in-wisconsin/

When Slow Driving Isn't Safe Driving

 

Slow drivers may be at fault in an accident

When you think of dangerous driving, you likely think of high speeds and reckless behavior. These cause problems, but drivers who are too slow can also wreak havoc on the highways. If you get into an accident, the slow driver can still be held responsible for the damage created. When this happens, you have a right to seek damages. 

Keeping the Flow of Traffic

On highways in Wisconsin, drivers rely on each other to maintain a healthy flow of traffic. You don’t expect to come across a vehicle moving slowly, and it can disrupt both you and those around you. When this happens, sudden stops or swerves become necessary, leading to other vehicles potentially running off the road or crashing into each other. Drivers moving at normal highway speeds can cause a great deal of damage when this occurs.

Distractions and Timidity

It may seem like drivers moving slowly on the road are simply being cautious. Unfortunately, that is not always the case. Distracted drivers often slow down, whether they are looking at their phones, eating while driving, or having conversations with passengers. Slowing down becomes part of the problem for a driver not paying attention to the task at hand. Similarly, new drivers and those unfamiliar with a given area will often drive more slowly because they do not feel ready to be on the road in that area. The inexperience of those drivers can be costly for everyone else.

Accidents with Slow Drivers

When accidents happen with or around slow drivers, the dangers are not any less serious than with those who are speeding. You have to react quickly to what you see, and trying to avoid an accident with one driver all too often creates one with another. Just like in any other situation with a driver flouting norms on a roadway, the driver creating the hazard is responsible for the damage.

If you are in an accident caused by a slow driver, you have a right to recover damages. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can help.

This post was originally published at https://www.eisenberglaw.org/when-slow-driving-isnt-safe-driving/.

5 Signs You May Be Injured After a Car Accident

After a car accident, some injuries are not obvious. Your emotions and your adrenaline can hide symptoms of serious injuries. If you are experiencing any of the following issues, you should see a doctor right away.

1. Headaches

A car crash happens quickly. In many cases, you hit your head or jerk your body forward hard enough to cause a concussion. The symptoms might not appear quickly or intensely, but if you develop headaches over time, it could be a sign of more serious issues.

2. Neck Pain

“Whiplash” is the name for an injury that comes from a sudden jerk of your neck. After a car crash, neck pain from whiplash may take a few days to appear. Like the headaches of a concussion, pain that worsens after an accident is a sign of potential danger.

3. Back Pain

Your back can get jostled by the sudden movement in a crash as well. It is not unusual for you to injure a disc or have the crash create a misalignment for you. These injuries do not improve without care, so ignoring it will only lead to more issues down the road.

4. Stomach Pain

A stomach ache can suggest internal bruising or bleeding after a crash. You can’t see these injuries, and they can feel like indigestion or something else entirely normal. If you have unexplained stomach pain after your accident, you need to check and make sure it isn’t something serious.

5. Mental Distress

A car crash can create serious mental and emotional trauma for you. Sometimes it sets in days or even weeks later, and you don’t immediately connect it to the accident. When your emotions start to feel out of control, don’t assume you will just get over it. Car accidents can create injuries that sneak upon you slowly. For that reason, you should always see a doctor after your accident, even if you feel fine at the time. If you have been injured, you have a right to compensation. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can help.

This post was originally published at https://www.eisenberglaw.org/5-signs-you-may-be-injured-after-a-car-accident/.

Property Seizure | Wisconsin Drug Crime Cases

 

Property Seizure in Wisconsin Drug Crime Cases

Conviction for a drug crime in Wisconsin often includes punishments such as imprisonment and fines, but sometimes it also includes property seizure. Property seizure, or forfeiture, means the government obtains control of the assets forever.

Wisconsin law dictates that only property or assets that were either used to commit the crime or were obtained as a result of the crime can be seized. This qualification protects your other assets from seizure.

Examples of Assets That May Be Seized In A Drug Crime Case

Property that may be seized or forfeited in a drug crime case includes:

• Illegal and controlled substances.
• Equipment, products, and materials used in the manufacturing, processing, delivery, or transport of the drug.
• Materials or products used or intended for use to store the drug.
• Vehicles used in transporting the drug.
• Items used to commit the crime (ex. weapons).
• Research items that were used to plan the crime (ex. books, computers).
• Property or assets that were acquired as a result of the crime (ex. money).
• Drug paraphernalia and masking agents.

Conviction Is Required For Property Seizure

Being charged with a drug crime is not enough to warrant property seizure in Wisconsin. Your property can only be seized if you are convicted of the crime. Your property may be seized as evidence as your case proceeds, but if the case is dismissed or you are acquitted, your property must be returned to you within 30 days of the decision.

There are exceptions to this rule. Property seizure can still occur if:

• The accused has died.
• The accused has been deported.
• The accused received immunity in exchange for assisting another investigation.
• The accused fled the State of Wisconsin or the United States.
• The property was left unclaimed for 9 months.
• The property includes contraband that is subject to forfeiture.

What Happens To Property Once It Has Been Seized?

Once property has been seized, the law enforcement agency that seized it determines what to do with it. Their options include:

• Use it. Many drug crimes involve vehicle seizure. Vehicles that have been seized may be used by the seizing agency for official business purposes.
• Sell it. After one year, seized vehicles can be sold. Other items can also be sold as long as they are not harmful to the community or do not need to be destroyed.
• Remove or destroy it according to the law.
• Submit it to the FBI.

In Wisconsin, the proceeds from property that has been seized and then sold can be used to pay for forfeiture expenses. Any remaining funds are then put into the state school fund.

Protect Your Property And Your Rights

If you are facing drug crime charges in Wisconsin, you are at risk of losing your freedom, certain rights, and your property. Contact the drug crime attorneys at Eisenberg Law Offices in Madison, WI for fair and honest legal representation. We will advocate for you, ensuring your rights are protected and all legal defense options are explored.

Arrange a free consultation by calling Eisenberg Law Offices at 608-256-8356 or by emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/property-seizure-wisconsin-drug-crime-cases/

Motorcycle Accident Personal Injuries | Injury Attorney

 

5 Of The Most Common Personal Injuries That Arise From Motorcycle Accidents

A motorcycle accident can be devastating for the riders. Riders are entirely exposed with little more than a helmet and leather clothing to protect them; that’s assuming they are wearing these protective items. This exposure means that motorcyclists have a much higher risk of sustaining personal injuries in an accident than automobile drivers. Some of these injuries are minor, but others can be severe enough to be life-changing or life-threatening.

Five Common Motorcycle Injuries

1. Head and brain injuries. Head and brain injuries are the most serious types of personal injuries to occur during a motorcycle accident. The impact of your head on the road or even against the inside of your helmet can cause concussions, brain bleeds, or swelling of the brain. All of these conditions can be life-threatening or life-changing.
2. Broken bones. It’s no surprise to see broken bones on this list. The body is completely unprotected while riding a motorcycle; bones can break from impact with other vehicles, the ground, or another obstacle. Broken arm and legs, pelvis fractures, and shoulder injuries are very common in motorcycle accidents. Most people recover from these injuries just fine, but others are left permanently disabled, suffer from chronic pain, or are become paralyzed.
3. Road rash. Road rash may sound like a minor injury because it is not life-threatening, but it is extraordinarily painful. This injury occurs when the body slides across the road surface, causing friction that damages the skin. In severe cases, it can also damage nerves, muscles, or bones, cause infections, and even result in permanent nerve damage.
4. Paralysis or damaged nerves. The impact of a fall can compress nerves, particularly in the arms, spine, and pelvis. Nerve damage can be very difficult to heal and, in severe cases, can lead to paralysis, which may be permanent.
5. Disfigurement or death. The biggest risk of motorcycle accidents is the risk of disfigurement or death. Motorcyclists have lost limbs, become permanently disfigured, and even die due to these accidents.

While helmets and personal protective equipment provide some protection, they are not a guarantee that you won’t be injured in an accident. At best, they will reduce the severity of your personal injuries.

If you are ever injured in an accident, you should seek medical attention immediately. If your accident was the result of someone else’s negligence, contact an accident attorney at Eisenberg Law Offices to discuss your legal options.

Compensation For Your Personal Injuries May Be Possible

Recovering from motorcycle accident injuries takes time and may require extended time off of work. This can cause financial difficulties, especially if medical bills keeping piling up. The personal injury attorneys at Eisenberg Law Offices in Madison, Wisconsin help motorcyclists explore all of their legal options after an accident to determine if they are entitled to compensation. This compensation can help pay for medical expenses or make up lost wages while you recover.

Schedule a free case consultation with one of our personal injury attorneys by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/motorcycle-accident-personal-injuries-injury-attorney/

Additional OWI Penalties In WI | Wisconsin OWI Attorney

 

5 Situations That Could Lead to Additional OWI Penalties in Wisconsin

Drunk driving is classified as an OWI (Operating While Intoxicated) in Wisconsin. However, the state  assigns a standard set of OWI penalties depending on numerous factors. Your final penalties are determined based on a combination of factors and the specific circumstances at the time of your arrest. This means that you may face any number of additional OWI penalties for driving under the influence in Wisconsin.

The Most Common Additional Charge

The single most common additional charge that occurs with an OWI is Operating with a Prohibited Alcohol Concentration (PAC). PAC charges naturally go hand-in-hand with an OWI because the vast majority of OWIs involve alcohol as the intoxicant.

5 More Ways That You Could Face Additional OWI Penalties

1. You had a passenger who was under 16. If you receive an OWI while you had a passenger in the car who was under 16 years of age, you can face additional penalties related to child endangerment. Penalties are typically double the OWI minimum and maximum.
2. You had exceptionally high BAC readings. OWI penalties increase by double, triple, and then quadruple the original penalty based on your blood alcohol content (BAC) at the time of the test.

• A BAC of .17 to .199 will double your penalty.
• A BAC of .20 to .249 will triple the original penalty.
• A BAC of .25 or higher will quadruple the original penalty.

3. You circumvented an Ignition Interlock Device (IID). IIDs are mandatory for repeat OWI offenders, those who refuse chemical tests during suspected OWI infraction, and first-time offenders with a BAC of 0.15 or higher. Refusing to comply with IID installation, having another person breathe into the device for you, or disconnect the device can all lead to additional OWI penalties.
4. You are a commercial driver. Commercial drivers are held to even higher standards than non-commercial drivers. If you receive an OWI while driving a commercial vehicle, you will lose your commercial driver's license for one year for first-time offenders. A second OWI will result in lifetime revocation of your CDL in most situations.
5. You are under 21. Wisconsin's legal drinking age is 21. Any driver who is pulled over for OWI and is under 21 and has any amount of alcohol in his or her system will lose their driver's license. First-time offenders face a 90-day suspension at a minimum with additional penalties, like IIDs, common.

Build A Strong OWI Defense With Eisenberg Law Offices

The OWI attorneys at Eisenberg Law Offices have been representing drivers throughout Wisconsin since 1983. Our first step is always to ensure your rights are protected and your driving privileges are retained so you can get to school or work while your case proceeds. We examine all of the evidence against you to ensure the charges match the circumstances and you are treated fairly.

If you are facing OWI penalties in Wisconsin, contact Eisenberg Law Offices. Arrange a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/additional-owi-penalties-in-wi-wisconsin-owi-attorney/

Insurance Company Personal Injury Settlement Offers

 

5 Reasons Not To Accept The Initial Personal Injury Settlement Offer From Your Insurance Company

After an accident, many people are eager to obtain  closure around the insurance claim so they can move forward with property repairs or paying medical expenses. To move the process forward, they often accept the initial personal injury settlement offer that is made to them by the insurance company. This is a mistake.

An insurance company is a for-profit business. It is in their best interests to pay out as little as possible. It is very common for insurance providers to offer a low amount, hoping you will take the personal injury settlement offer, allowing them to close the claims file  and move on with as little loss as possible. Unfortunately, this approach puts the injured party at a disadvantage, providing them with less compensation than they may need to recover from the accident.

It is well within your rights to reject the settlement offer made by the insurance company. Below, we share five reasons why you may decide to say No to that initial offer.

Reasons Not to Accept The First Offer

1. You can still recover damages later, even if you reject the initial. In fact, rejecting that first offer actually protects you. When you accept a personal injury settlement from an insurer, it becomes a binding agreement. In exchange for the settlement payment, you agree to release the insurer from liability. That means you cannot go back later and ask for more compensation, even if you incur additional expenses.
2. Accepting the initial offer will not speed up the claims process. The insurance company will still follow their same procedures and schedules to process your claim, but you may be missing out on additional compensation by accepting the initial offer.
3. You can respond with a counteroffer. Counteroffers are particularly effective when you can provide proof of your expenses or loss, such as medical bills or proof of loss of income due to time off from work.
4. You may have injuries that have not presented themselves yet. Some injuries take weeks or months to appear. Early acceptance of a settlement can prevent you from obtaining compensation for those late-appearing injuries.
5. You may not be in an appropriate frame of mind to accept the offer. You may be suffering from shock, be in pain, or be overwhelmed with changes in your life after an accident. All of this stress can make it hard for people to comprehend the offer and what its' acceptance means or to fully understand all of the damages they are entitled to.

A Personal Injury Attorney Can Help You Determine A Fair Personal Injury Settlement Offer

Early acceptance of personal injury settlement offers always favor the insurance company, not the injured person. Insurance companies count on victims needing early access to settlement money to make lowball offers.

Remember, you have the right to speak with an attorney before accepting an offer. A personal injury attorney can help you determine all of the damages suffered and the appropriate claim amounts and will handle negotiations on your behalf. They are also very practiced at dealing with insurance company tactics.

When calculating fair compensation for accident injuries, an attorney will consider many factors, including:

• Past, present, and future medical expenses
• Prescription medication costs
• Related transportation costs
• Vehicle repairs
• Lost wages
• Loss of future earnings
• Associated costs to help with household tasks during recovery
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship
• Emotional and psychological injuries

Using the list above as a guide, it is easy to see how an early settlement offer could not possibly include all of the potential costs incurred by a victim due to an accident injury.

The personal injury attorneys at Eisenberg Law Offices help accident victims throughout Wisconsin obtain fair and accurate compensation for their injuries. We use our experience with insurance company practices to maximize compensation for our clients, handling negotiations for them and representing them in court, if need be.

We offer free case consultations and do not charge our clients any fees unless we win a personal injury settlement for them. If you were injured and have been presented with a settlement offer from an insurance company, or expect to receive an offer, contact our team in Madison, Wisconsin to discuss your situation.

Call 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/insurance-company-personal-injury-settlement-offers/