Potential Defenses Against OWI Charges in Wisconsin

 

Here are some possible defenses against OWI charges in Wisconsin

Operating while intoxicated (OWI) is a serious charge that can lead to the suspension of your license along with fines and potential jail time. While no one wants chronically intoxicated drivers on the road, you likely aren’t too happy about the prospect of losing your driving privileges and freedom if your arrest was based on faulty or dodgy evidence. Should you find yourself facing charges of OWI in court, you still have some defensive possibilities.

Observations and Witnesses

Police have to make subjective observations of your behavior because it’s always possible that you were OWI with less than the legal limit of alcohol or drugs in your system. In other words, you would have passed a breathalyzer test, but you still appeared intoxicated.

However, if you had witnesses who could vouch for your behavior and verify that you were sober, the focus becomes why the officer said you acted intoxicated while everyone around you said you were sober.

Faulty Tests

If the charges are based on the result of a blood alcohol reading, look for anything wrong with the circumstances in which the test was given. Readings can be substantially off if the test is given during the 30 minutes or so when your body is still absorbing the alcohol, and that could help get charges dismissed (because the reading likely wouldn’t be accurate in that case).

Was There Probable Cause?

If an officer pulls you over, they have to have a reasonable suspicion as to why they stopped you. They can’t randomly pull you over and demand you take a blood alcohol test for the fun of it; they have to have reasonable suspicion that something was wrong with your driving that warranted pulling you over. If you can show there was no basis to stop you, you could get the charges dismissed.

Lack of Consent or Information

When you face a chemical test for alcohol or drugs, you have to give consent, and the officer has to tell you what could happen if you refuse to take a test. If either of these requirements is not satisfied, then the evidence that the officer has from the test could be ruled invalid.

If you’re facing OWI charges, contact Eisenberg Law Offices immediately at (608) 256-8356. Never assume that one of these defenses will apply. You need to speak with a lawyer as soon as possible to be sure which defense might help you.

This post was originally published at https://www.eisenberglaw.org/potential-defenses-against-owi-charges-in-wisconsin/ 

When Can You File a Civil Suit for Wrongful Death?

 

Wrongful death in Wisconsin – what to do?

When a loved one has died from what appears to be someone else’s negligence, thoughts often turn to a wrongful death lawsuit. The point of the suit is twofold; one, to provide additional punishment to the guilty party through a financial penalty, and two, to get compensation for bills, pain and suffering, emotional distress, lost future earnings, and other costs that resulted from the person’s death. However, when you can file a wrongful death suit isn’t cut and dried.

What Are Wrongful Death Suits Based On?

A wrongful death lawsuit depends on several factors. You have to be able to prove that the death of the person was due to negligence on someone else’s part (or on a company’s part). You also have to be able to prove that the death created a financial injury or loss for you. That’s because this civil case focuses on financial penalties and not criminal aspects of the case.

There are other factors as well; for example, the death of a parent who leaves behind young children means that not only do those children not have the financial support of that parent anymore, but they also don’t have the benefit of learning from and being raised by their parent, either. All that loss is compensable.

What Constitutes a Financial Injury?

Part of wrongful death lawsuit preparation is seeing what role the deceased played in your or someone else’s life. You need to be able to show the court that this person would have had a practical impact on you or someone else’s life had they lived. The person’s age and employment status are pertinent as are their earning potential and life expectancy. 

This is why it’s crucial that you meet with an attorney first. Contact Eisenberg Law Offices at (608) 256-8356 to discuss all the factors pertinent to the case.

This post was originally published at https://www.eisenberglaw.org/when-can-you-file-a-civil-suit-for-wrongful-death/ 

Can You Actually Be Charged With "Boating While Intoxicated"?

 

Is Boating Under the Influence in Wisconsin really a thing?

Operating a vehicle while under the influence of alcohol or drugs is considered operating while intoxicated, or OWI, in Wisconsin. This includes boat operation, as a boat is technically a vehicle that you guide by operating controls. However, boating while drunk or drugged carries a separate charge called “Boating Under the Influence,” or BUI. The BUI charge is similar in some ways to an OWI.

What Is Considered “Boating Under the Influence”?

BUIs are based on the same criteria as OWIs. You can be charged with a BUI if your blood alcohol level is at 0.08 or above in most cases. If you operate a commercial motorboat, then you can be charged if your BAC is at 0.04 or above. There’s also implied consent to take a drug or alcohol test administered by an authorized officer or other authority.

Does a BUI Affect Your Driver’s License?

This is where OWIs and BUIs diverge. BUIs do not affect your driver’s license. However, it’s not unusual for someone caught boating while drunk or drugged to actually try to drive home afterward, and then they can be charged with an OWI. In the past few years, lawmakers have looked at consolidating the two charges so that BUI penalties would be treated more like OWIs. So far, they haven’t changed anything, but keep an eye on the situation as the law could change quickly – and then your driver’s license could be at risk from a BUI charge.

What Other Penalties Would You Face?

Charges and penalties change as you rack up more BUIs. These range from ever-increasing fines to longer jail time. You may have to attend drug or alcohol assessments and a boating safety course, and even see your boat impounded. If you made the mistake of driving away after and were caught, you’d face penalties for both an OWI and the BUI.

If you’re facing a BUI charge, take it seriously and call Eisenberg Law Offices at (608) 256-8356. You’ll need the help of a lawyer to minimize the damage the charge can do to your life.

This post was originally published at https://www.eisenberglaw.org/can-you-actually-be-charged-with-boating-while-intoxicated/

What Is a Disorderly Conduct with a Firearm Charge and What Can You Do to Fight It?

 

Disorderly Conduct (with possession of a Firearm) is a Serious charge

A charge of disorderly conduct with a firearm is serious, not just because of the nature of the crime, but also because you’re actually facing a charge with the option of added penalties. In Wisconsin, there’s no specific charge of disorderly conduct with a firearm, but there is a disorderly conduct charge and the ability to assign additional penalties for the use of a dangerous weapon. This combination can get you into a lot of trouble, and you need to work with a lawyer to find a good defense against the charges because chances are, what you come up with on your own might not work.

What This Charge Really Is

The charges and penalties that make up a disorderly conduct with a firearm charge are initially misdemeanors. You face potential fines and jail time. The weapons issue allows authorities to increase fines and/or jail time.

The details of your alleged crime could change that if new information comes to light. Disorderly conduct can take place at home or in public, and the weapons penalties can be applied even if the firearm wasn’t used.

A Warning

People facing this charge initially think that if the crime had no victim or if the actions took place in the privacy of a home, that the charges won’t stick. You can be charged and convicted of disorderly conduct anywhere, including in your own home. Also, it doesn’t matter if there’s no physical victim; the charges don’t depend on someone being physically hurt.

What to Do Next

It can be comforting to discuss problems with friends, but that’s not what you should do if you’re charged. Do not discuss the case with anyone but a lawyer, and do not post about it on social media.

Contact Eisenberg Law Offices as soon as you can at (608) 256-8356. You must speak with a lawyer to determine what the best way is to fight the charge or whether you need to concentrate on reducing penalties instead.

This post was originally published at https://www.eisenberglaw.org/what-is-a-disorderly-conduct-with-a-firearm-charge-and-what-can-you-do-to-fight-it/ 

Do You Need a Lawyer if You Weren't at Fault in a Car Accident?

 

Talking to a Personal Injury Lawyer is the best advice to secure the best outcome for your case

An accident in which you were the victim may have detrimental effects on your health and finances. You need the other driver’s insurance to cover your costs. Many times, this isn’t possible due to a number of factors, and you need a car accident lawyer at your side, helping you get compensated for the other party’s actions. These reasons can range from the practical to the sinister.

Your Costs Exceed Insurance Coverage Limits

At the practical end of the spectrum is the risk that the other driver’s insurance coverage just isn’t enough to cover your costs. You and the other driver can do everything correctly, and you can still be left short of money because you have more bills than the driver had coverage. In that case, a lawyer can help you either work out a settlement or even sue the other insurance company to get more compensation.

The Other Driver Has No Insurance or Their Insurance Refuses to Pay

It’s possible the other driver has no insurance or that their insurance company has decided not to pay, for whatever reason. In that case you may very well have to sue the other party and their insurance company to get any money. Do not attempt to negotiate anything yourself in this situation. Chances are you’ll need a lawyer and will need to go the legal route.

You’ve Been Blamed for the Accident

Sometimes people just won’t own up to their actions, and you find yourself accused of causing the accident even though you were parked, stopped, or otherwise obviously not at fault. If the other party tries to blame you, you’ll really need to get a lawyer to stop the other party from making false claims.

If you’ve been the victim of a car accident, contact Eisenberg Law Offices at (608) 256-8356. You need to talk to an attorney as soon as you can to reduce the chances of your compensation slipping away.

This post was originally published at https://www.eisenberglaw.org/do-you-need-a-lawyer-if-you-werent-at-fault-in-a-car-accident/ 

How to Determine if Someone Was Truly Negligent

 

In a Personal Injury case, how do you determine if someone was negligent?

When you consider suing someone for negligence that caused a personal injury, you have to be sure they were truly negligent. Not only is there a distinction between negligence and intention, but there’s also a difference between negligence and a lack of knowledge. A court isn’t going to want to penalize someone who truly did not know they were supposed to do something or not do something, and someone who intended to hurt you needs to face criminal charges in addition to civil. Learning how to spot true negligence can help you figure out your next move.

Intention vs. Negligence

If someone deliberately neglects to do something, and you end up injured as a result, technically there’s an element of negligence there, and you may be able to file a civil injury suit. However, the court may decide that negligence doesn’t apply in this case because the actions of the other person were deliberate, rather than done out of irresponsibility. The person would need to face additional charges as well.

Missing the Obvious Versus Genuinely Not Knowing

Then there’s the difference between not doing something because you really didn’t know you had to do it, and not doing something because you were spacing out or just not thinking. If someone drops a banana peel unknowingly, and you slip on it, that might not be negligence if they didn’t know the peel dropped and no one said anything. But someone who notices the peel dropped and then decides not to pick it up could face a negligence charge because they didn’t take appropriate steps to make the situation safe when they knew there was a slip-and-fall risk from the peel.

If you’re not sure if negligence was involved in your injury, or if you think you have a case, contact Eisenberg Law Offices at (608) 256-8356. Ask an attorney to evaluate your case and see if it’s worth pursuing.

This post was originally published at https://www.eisenberglaw.org/how-to-determine-if-someone-was-truly-negligent/

Underage OWI Laws in Wisconsin | Eisenberg Law Offices

 

Underage OWI Laws in Wisconsin

Underage OWI is something no parent wants to consider, but the fact of the matter is it happens. Wisconsin teens who are old enough to drive but not yet old enough to legally consume alcohol can be charged with OWI if they are caught drinking and driving and the consequences are severe.

How Underage OWI Laws Differ from Adult OWI Laws

Minors and adults are treated differently in many legal situations, but not with drunk driving and OWI is no different.  

• BAC Limits. Blood alcohol count (BAC) limits are used by police to measure a driver’s level of intoxication. Wisconsin state law sets the BAC limit at .08, and this also applies to underage drinkers.  Even if an adult has a BAC of more than .08, they may not automatically receive an OWI.

The situation is quite different for underage drivers. The state’s underage policy is zero tolerance. Any BAC reading of more than 0.00% in a driver under 21 years of age can result in an absolute sobriety charge. 

These are just the legal repercussions of underage drinking and driving in Wisconsin. It is likely that young drivers will see their car insurance premiums skyrocket, especially with multiple convictions. Some insurance companies may even opt to cancel policies or not allow the driver to renew their policy at the end of its term.

Protect Your Underage Driver

Please share this information with your underage driver, even if you don’t think they’d ever drink and drive. They should be aware of the laws affecting them and how they can impact their future. If your teen is facing OWI charges in Wisconsin, contact the OWI attorneys at Eisenberg Law Offices to explore your legal options. There is too much at stake to leave anything to chance.

We offer free consultations. Call 608-256-8356 or email info@eisenberglaw.org to meet with an OWI attorney.

This post was originally published at https://www.eisenberglaw.org/underage-owi-laws-in-wisconsin-eisenberg-law-offices/

Car Accident Myths | Car Accident in Wisconsin Advice

 

Been in a Car Accident in Wisconsin? Don’t Fall for These Myths

Being involved in a car accident in Wisconsin is alarming enough. The last thing you want to do is compound your worry by buying into myths about car accidents. Below, we debunk 5 common car accident myths so you can navigate the aftermath of an accident with confidence.

5 Common Car Accident Myths

Myth #1: The Police Will Determine Fault.

This is not true. Police reports are used to record the facts of the accident: date, time, weather conditions, vehicles involved, injuries, and tickets issued. Police officers are able to include their opinion on who is at fault for the accident, but this is not conclusive as to who is at fault. 

Myth #2: If I Feel Fine, It’s Okay to Skip Receiving Medical Attention.

This is ill-advised. Many accident injuries are not felt right away due to an adrenaline spike that happens during and after a car accident. Other injuries don’t present themselves right away. The best course of action is to see a doctor shortly after your accident to check for any possible injuries. This medical check will help your case if you need to pursue compensation from the insurance company or the other driver to help pay for accident injuries and follow-up care.

Myth #3:  The Accident was Minor. I Can Leave the Scene.

This is not a good idea. Always report the accident to the police and follow their directions as to whether or not you can leave the scene. If you leave the scene without reporting a car accident in Wisconsin, you can face criminal charges if the other driver is injured.

Myth #4: I Can Count on my Insurer to Look Out for Me.

Sadly, this is not true. It makes sense to think that your insurance company would be looking out for your best interests after an accident, but the truth is they are far more likely to look out for their own best interests.  . Insurance companies want to minimize loss and maximize profit. That may mean denying your claim.

Myth #5: Car Accident Attorneys are Expensive, I Don’t Need One.

This is not true. Most car accident attorneys work on a contingency basis. This means that they don’t get paid unless you win your case. You don’t have to worry about paying a high hourly rate or fees. We never recommend drivers try to settle a case on their own because cases involving a car accident in Wisconsin can quickly become complicated. Car accident attorneys have the specialized knowledge and experience needed to navigate the insurance claims process, represent you in court, prove fault or innocence, and ensure the insurance company is treating you fairly.

Contact Eisenberg Law Offices After a Car Accident in Wisconsin

If you have been involved in a car accident in Wisconsin, contact Eisenberg Law Offices for legal advice. We can help you file your insurance claim, deal with the insurance company for you, or pursue a personal injury claim if you were injured in the accident.

We offer free consultations and work on a contingency basis to provide you with the representation you need. Call 608-256-8356 or email info@eisenberglaw.org to arrange your free consultation.

This post was originally published at https://www.eisenberglaw.org/car-accident-myths-car-accident-in-wisconsin-advice/

Battery Charges | Wisconsin Battery Definition

 

What to Expect When Facing Battery Charges in Wisconsin

Battery charges are a severe matter in Wisconsin. The state classifies battery as a felony or misdemeanor, depending on the severity of the harm to the injured party. Even the lightest charge, simple battery, is a Class A misdemeanor and carries fines of up to $10,000 and 9 months in jail.

The State of Wisconsin defines simple battery as: "Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor."

Battery includes far more than punching another person. You may face battery charges in Wisconsin if you do any of the following to another person:

• punch
• hit
• kick
• scratch
• twist
• choke

Domestic Battery Vs. Non-Domestic Battery

Many battery charges stem from domestic situations and the state treats these situations differently than non-domestic battery. If you are charged with domestic battery, there is a high likelihood you will be going to jail right away. If the charge is only a misdemeanor, you will be able to post bail that day. If you are charged with a felony or cannot post bail, you will remain in jail until you see a judge who will set your bond.

In non-domestic battery situations, you may not be arrested, but you will be issued a misdemeanor citation. This citation is not a regular ticket. It is a criminal charge and it will include a court date at which you or your legal counsel must appear. If you do not attend the court date, a warrant will be issued for your arrest.

No Contact Orders

In both situations, you may receive a "no-contact" order from the arresting officer. This prevents you from having any contact with the person listed on the form for a specified amount of time. Any violation of this order is considered a separate offense. In domestic situations, this may mean that you cannot go home and the burden of maintaining the separation is 100% your responsibility. This can create a very difficult living situation for the accused.

If there is a chance that a no-contact order will be issued at the bond hearing, you will want to have a criminal defense attorney representing you to help you put up a strong defense and minimize the restrictions placed on you.

This initial appearance is very important to your case since this is where you will hear the charges against you in their entirety, the facts of the case if a no-contact order is going to be given, and what your bond amount will be and any conditions associated with the bond.

Don’t Face Battery Charges Alone

It can be very risky to face battery charges without legal counsel representing you. You're more likely to receive higher bond amounts, more strict bond conditions, and even more severe charges. Don't let that happen to you. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison, Wisconsin for advice and representation. We offer free consultations to help you understand your situation and explore your legal options.

Call 608-256-8356 or email info@eisenberglaw.org to arrange your free case consultation before your hearing.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/battery-charges-wisconsin-battery-definition/

Pedestrian Hit By Car In Wisconsin | Eisenberg Law Offices

 

What Are the Legal Options for a Pedestrian Hit by a Car in Wisconsin?

Drivers are well aware of their rights in a car accident, but what about pedestrians? What rights does a pedestrian hit by a car have in Wisconsin? Does it matter if the pedestrian was jaywalking at the time?

In general, a pedestrian hit by a car is able to recover damages, even if they are partly at fault for the accident due to jaywalking or other negligence. These types of cases fall under Wisconsin's comparative negligence laws, which allow both parties to bear partial fault for accidents.

Comparative Negligence in Wisconsin

Comparative negligence laws in Wisconsin make it possible for both the driver and the pedestrian hit by a car to be liable for the accident. Pedestrians who are liable for 50% or less of the accident can still apply for compensation for the accident. Under the law, any party can apply for compensation as long as they do not bear more fault for the accident than the other party. However, they cannot receive full compensation; compensation awards will be reduced by the pedestrian's degree of liability.

If the pedestrian hit by a car is found to be 40% liable for the accident and the driver 60% liable, any compensation awarded to the pedestrian will be reduced by 40%.

Staying Safe on Wisconsin Streets and Roadways

Both drivers and pedestrians have responsibilities to act safely and avoid accidents. Wisconsin law dictates that pedestrians:

• Yield to vehicles that have the right-of-way when crossing at an undesignated intersection, unmarked crosswalk, or where there isn't a walk indicator signal.
• Do not walk in front of approaching vehicles that are too close to safely stop.
• Walk on the left side of the road in places where there are no sidewalks.

Drivers also share responsibility for safety and the state requires that drivers:

• Watch for pedestrians when turning.
• Reduce speed and follow posted speed limits in areas with a high number of walkers, including schools, parks and playgrounds and residential neighborhoods.
• Yield to pedestrians crossing roads at any time, whether it is a designated intersection, marked crosswalk, has a walk signal, or not.
• Refrain from passing a vehicle stopped at an intersection or crosswalk because pedestrians may be crossing.
• Stop at least 20 feet from a bus with flashing red lights and until the lights have been turned off before commencing. Flashing red lights are an indicator that children are crossing the street; bus drivers are required to keep the lights on until all children have safely crossed.

Drivers and pedestrians are encouraged to follow additional safety measures to prevent vehicle-pedestrian accidents:

• Remain aware of your surroundings at all times, taking extra precautions in times of low visibility or areas where there is a high chance of pedestrians and vehicles coming into contact with one another.
• Be ready and willing to yield the road or crosswalk even if you have the right-of-way. Don't assume the other party will see you and stop for you. Make sure it is safe to proceed before doing so.
• Limit distractions as a pedestrian and as a driver. Avoid alcohol in both situations. Don't text and drive or attempt to cross a road. Pay attention to the road and walkways, always looking for sources of potential danger.

Eisenberg Law Can Help Pedestrians Recover Damages

If you have been injured while walking along a road or crossing a street in Wisconsin, it may be possible to receive compensation for your injuries, even you were jaywalking and bear some fault for the accident. Discuss your case in a free case consultation with a pedestrian accident attorney at Eisenberg Law Offices. The consultation is free and carries no obligation; we work on a contingency basis which means you do not pay us unless we obtain a settlement for you.

Contact our office 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/pedestrian-hit-by-car-in-wisconsin-eisenberg-law-offices/