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/

Can You Get Compensation for Chiropractic Treatment After a Fall?

Can you get reimbursed for chiropractor expenses after an injury?

A common problem after a fall is a lower-back injury or other neck/spine issue. Chiropractic treatment is often used to treat these types of injuries, but because chiropractic care is still technically outside the realm of "standard" medical care, you might not realize that you can get compensation for it as part of a slip-and-fall lawsuit. However, because the field still has a bit of controversy attached to it, you'll need to present your case clearly and with the help of an attorney.
Chiropractic care for back issues is now much more accepted in general than it was 20 or 30 years ago. More studies have been done over the years showing that the treatments can have a positive healing effect on certain types of injuries. So if you have sustained a back injury, for example, after an accident for which you are suing someone, you can include the chiropractic treatment costs in your request for compensation.
The one issue you have to be aware of is that, while the medical establishment and many patients are slowly accepting chiropractic treatment as legitimate, not everyone does in general. You could encounter a judge or jury who are not as accepting. This is why you need to be careful how you present your case. It must be clear that chiropractic treatment is the best course of action and that it can work for you. Otherwise, you risk the claim being diminished or the treatment not being taken seriously.
Contact Eisenberg Law Offices and speak to an attorney about how to present the case so that you have a better chance of obtaining reimbursement. You need to heal, and the court should take all of your treatment costs into consideration when awarding financial compensation.
This post was originally published at https://www.eisenberglaw.org/can-you-get-compensation-for-chiropractic-treatment-after-a-fall/.

Liability, Lawsuits, and Being a Wisconsin Homeowner in Winter

Homeowners have a responsibility to keep their property safe

Winter in Wisconsin can be beautiful, but all that wintry weather brings with it the need for property owners to be diligent about making sure their property is safe. This applies not only to store owners who have to put out signs warning about slippery floors; it also applies to homeowners who have to ensure their homes and surrounding property under their care are safe. Not doing so can open those homeowners up to lawsuits if someone is injured.
Premises Liability for Homeowners
Premises liability has to do with the responsibility a property owner has to keep visitors safe from injury. For example, tree roots that have pushed up concrete along the edge of the driveway pose a trip hazard to anyone walking there. If the homeowner knows about the problem but does not warn a visitor about it, and the visitor trips and injures herself in a fall, then the visitor could sue the homeowner for compensation for medical bills and more. The homeowner could have prevented the accident by warning the visitor. Even if the visitor had still fallen at that spot, any injuries could now be seen as the visitor's fault, because she was warned about the problem and still walked there anyway.
Tree roots and concrete are a rather obvious example, but the same concepts could apply to a slippery step, a wet foyer floor, a low doorway, and so on. If the homeowner can show that she tried to remedy problems and did warn others about them, that reduces her liability. And anyone injured while on the property illegally may not be able to claim that the homeowner was at fault, given that the person wasn't supposed to be there to begin with.
What to Do Each Winter
In winter, homeowners should ensure that all walkways and the sidewalk outside the house are clear of snow and ice. Deicing material should be in constant use. Any icicles on trees or overhangs on the house, or mounds of snow hanging off branches, should be removed.
Also, gutters need to be clear. Leaves that get stuck inside the gutter can form clogs that send rainwater cascading over the side, creating yet another hazard.
If you've been injured on someone's property, contact Eisenberg Law Offices immediately. You need to create a solid case with the help of knowledgeable Madison injury attorneys.
This post was originally published at https://www.eisenberglaw.org/liability-lawsuits-and-being-a-wisconsin-homeowner-in-winter/.

Understanding How Drug Testing Works

Drug testing in Wisconsin - how does it work?

Drug testing has become common practice in a number of situations in Wisconsin. You may have to pass a drug test for employment, for insurance, as a condition of probation, or to show you are not under the influence of a controlled substance. Unfortunately, most people don't really understand how drug tests work. This leads to confusion and false expectations of the process. To learn more about what you should expect if you have to take a drug test in Wisconsin, read on.
How Do Drug Tests Work?
A typical drug test requires you to give a urine sample for testing. The most common tests check your system for levels of marijuana, opiates, cocaine, methamphetamine, and ecstasy. Many different tests exist, though, including individual tests for most controlled substances or broader test panels.
Some of these tests provide instant results. Others must undergo lab analysis before they can provide results. Understanding what type of test you are taking can help set your expectations properly.
Are Drug Tests Accurate?
While accuracy for these tests can vary somewhat, they tend to identify markers of drugs in your system with high accuracy. Only a small number of false positives result from testing. Further, labs generally keep samples so that if you claim a false positive, the sample can then be re-tested.
The only way to beat a drug test is to avoid taking the substances for which it is testing. Typically this means at least 2-4 days of abstaining. However, it can take 60-90 days for marijuana to be out of your system. Further, trying to flush markers of drug use out with water usually does not work; tests identify water as a masking agent that may invalidate a test and require a new sample.
Legal Help for Test Results
Instead of challenging the results themselves, your attorney may look at whether the test was properly administered, or in the case of a criminal charge, whether a police officer had probable cause to obtain the test. Legal remedies are available; an experienced attorney at Eisenberg Law Offices can help you protect your rights.
This post was originally published at https://www.eisenberglaw.org/understanding-how-drug-testing-works/.