What Happens if You're Caught Using a Fake ID?

 

Using a Fake ID can lead to serious charges and penalties

A fake ID is one that isn’t yours but that you’re using as your own ID. This can be a totally fake, manufactured ID with your picture but different personal information, or it could be a legitimate ID that belongs to someone else that you’re presenting as your own. In both cases your use of the ID is illegal as it’s a form of misrepresentation, specifically “falsification of proof of age,” that allows you to skirt laws and evade legal consequences if no one detects that the ID is fake. However, once detected, that fake ID can land you in legal trouble.

Merely using a fake ID is a crime in itself, with penalties ranging from a fine of up to $1,250 and jail time up to 30 days. Even if all you’re doing is trying to buy one beer at a convenience store with your friends, you could end up in jail for almost a month if caught. What’s worse is that, if the court determines that you used the fake ID for monetary gain or other circumstances that the court decides are worth additional penalties, your fines could soar to $10,000, and jail time could increase to up to 3 1/2 years, because now you’ve committed a Class I felony. And yes, this applies even though you’re a minor.

Merely carrying someone else’s ID isn’t a crime; for example, if your friend left her ID at your house and you’re bringing it to her, you’re not doing anything wrong. But if your friend is over 21, say, and you use the ID along the way to buy alcohol, then you’ve committed a crime because you intentionally misused her ID (as well as violating alcohol laws).

If you or your underage family member are facing charges stemming from possessing or using a fake ID, contact Eisenberg Law Offices immediately at (608) 256-8356. A conviction would greatly affect your life, and you need to get legal help now.

This post was originally published at https://www.eisenberglaw.org/what-happens-if-youre-caught-using-a-fake-id/

How to Handle an Aggressive Driver

 

Follow this advice to deal with an Aggressive Driver

Aggressive driving can be annoying, but it can also turn dangerous very quickly. Your behavior behind the wheel greatly affects how an aggressive-driving situation can turn out. While you can’t control all factors, you can remain calm and do your best to get out of the situation unscathed. If you aren’t careful, your chances of being involved in a more violent altercation or an accident increase. And if something you’re doing tends to attract aggressive behavior, you need to know how to safely defuse potential confrontation.

As annoying as it can be to see aggressive behavior, you need to stay as calm as possible. Don’t make hand gestures back, don’t yell, don’t tailgate, don’t use any aggressive behavior toward that other person. That will only escalate the situation, and you never know how short a fuse that other person has. Maybe they get really irritated and then give up – and maybe they get really irritated and brandish a weapon or try to run your car off the road. Calm behavior can end many aggressive situations by not allowing the aggressive behavior loop to continue.

If someone is being aggressive while driving, do what you can to avoid the person. If they cut you off, back off a bit and try to change lanes if possible. Do not “take revenge” by tailgating them yourself or throwing gestures their way.

If someone gets aggressive because of something you’re doing, like traveling too slowly for their taste, this is not the time to try to win a race. Move over if you can and let them pass. Don’t challenge them or stare at them if they yell at you, even if you’re trapped in traffic. When you drive, you have to adopt a go-with-the-flow attitude. This is easier said than done sometimes, but do your best.

If the worst has happened and you’ve ended up injured as the result of dealing with roadway aggression, call Eisenberg Law Offices at (608) 256-8356. Don’t let aggressive drivers get away with harming you as the result of their bad behavior.

This post was originally published at https://www.eisenberglaw.org/how-to-handle-an-aggressive-driver/

How Long Does It Take to Get a Settlement for a Car Accident Injury?

 

Timeframe for getting a settlement for a car accident injury in Wisconsin

A settlement allows you and the other party to avoid going to court. Settlements are often favored for their faster resolution and better terms; they allow the defendant to avoid having an official judgment on their record, and in many cases, the settlement terms allow defendants to avoid admitting guilt. For the plaintiff in these cases, settlements bring relatively quick compensation, but the process of finalizing and paying out a settlement still requires time.

After a car accident, you may find that your insurance and the other party’s insurance either can’t or won’t pay out enough money. Filing a lawsuit is often the only way to get the amount of financial compensation you really need. However, insurance companies and other named parties may not want to spend a lot of time on a lawsuit, either because it could become very expensive for them or because they fear a judgment. In those cases, they may offer a settlement.

Settlements are most likely to occur after the “discovery” phase of the trial (also called the pre-trial hearing). During the discovery phase, both sides can see the evidence, and if your case is particularly strong, the other side may decide to just offer a settlement to end the process. However, settlements can be offered at any time.

Settlements can be accepted, rejected, or negotiated, and you need to let your lawyer do the talking. You’ll get a say in whether to go ahead and negotiate, but let your lawyer handle the details. Your current medical condition, the additional compensation you’re asking for (e.g., emotional distress), and your potential ability to earn money in the future all come into play. Negotiations may be rapid or slow. However, once an amount has been finalized, the money can be transferred within a few weeks.

If you’re facing recovery time from a personal injury and haven’t been able to get the right amount of compensation, speak with Eisenberg Law Offices at (608) 256-8356. You may be able to get a settlement and ease your financial situation quickly.

This post was originally published at https://www.eisenberglaw.org/how-long-does-it-take-to-get-a-settlement-for-a-car-accident-injury/

Wisconsin's Occupational Driver's License Restrictions

 

4 Facts About Wisconsin’s Occupational Driver’s License

Receiving a DUI in Wisconsin is easier than you might expect. The state’s BAC limit is just .08%. That is low enough that two  drinks with dinner could be enough to put you over the limit. If you are pulled over, and the alcohol is still in your system, you can get a DUI and may lose your driver’s license, at least temporarily, and even longer if convicted.

Losing your license can have a ripple effect on your life, especially if you rely on a car to get to and from work. There’s a good chance you could lose or be forced to give up your job if you can’t get there during your suspension. In situations like this, drivers should apply for an Occupational Driver’s License which allows them to drive with certain restrictions. This can be incredibly helpful for workers who need their cars to get to and from their jobs, but you must follow the rules that come with this specialty license, or you may be assigned additional fines and penalties.

Four Important Points About Wisconsin’s Occupational Driver’s License

All Occupational Driver’s Licenses are subject to the following four conditions, but your license may be subject to additional conditions based on your situation.

1. You can only drive during specified hours. The occupational license restricts the hours in which you can drive. These hours will be specified on your license documentation.

• You can only drive for limited purposes. An occupational license is not a temporary license that you can use, just like a regular license. You cannot drive whenever and wherever you want. The documentation will specify when and how you can drive. Typically, this will include only essential trips such as driving to and from work, DUI classes, doctor appointments, and the grocery store.
• You will be limited to driving in certain counties. The court will determine which counties you can drive in. If you must leave the state, the court will determine whether or not to extend your driving privileges outside the state.
• You must have SR22 insurance. An SR22 is a special auto insurance rider that is required of drivers who have an Occupational Driver’s License due to a DUI in Wisconsin. If you fail to maintain your SR22 policy, your insurance company is required to notify the state, and it may be grounds for the court to revoke your occupational license.

Eisenberg Law Provides DUI Help for Wisconsin Drivers

The DUI attorneys at Eisenberg Law Offices can help you fight DUI charges or negotiate the terms of your Occupational Driver’s License. If you have received a DUI and are concerned about losing your license, contact us at 608-256-8356 or info@eisenberglaw.org for help.

This post was originally published at https://www.eisenberglaw.org/wisconsins-occupational-drivers-license-restrictions/

Drowsy Driving Causes Car Accidents | WI Personal Injury

 

Drowsy Driving is a Leading Cause of Car Accidents

Inattentive and distracted driving are well-documented causes of car accidents across the country, including Wisconsin. One lesser discussed example of inattentive driving is driving when fatigued or tired. Drowsy driving is particularly dangerous because drivers are not only distracted but their response times and judgement can also be affected. Drowsy drivers may not recognize dangerous conditions or situations in time to respond, or they may be unable to respond as quickly and effectively as they would be able to if they were well-rested. The National Safety Council reports that driving while fatigued is similar to driving under the influence and can triple a driver’s risk of car accidents. Even a few seconds of inattention is enough to result in an accident.

Symptoms of Drowsy Driving

Recognizing the symptoms of drowsy driving and taking precautions is the best way to prevent fatigue from causing car accidents.

Symptoms of fatigued driving:

• unable to keep your eyes open
• constant yawning
• drifting into other lanes
• trouble remembering exit signs and town names

When you feel tired, pull over for a nap or rest, take a short walk, or visit a restaurant or area attraction to wake your brain up. If you need to drive again the next day, give yourself adequate time to sleep at least 7 hours for adults.

Personal Injury Claims from Car Accidents

When a car accident occurs due to a drowsy driver, there may be grounds for a personal injury claim. Wisconsin operates under a modified comparative negligence law which allows car accident victims to recover damages from the other driver if they are 50% of less at fault for the accident. The victim’s degree of fault will reduce the number of damages received by the same proportion. If you were at fault for 30% of the accident, the damages awarded would be reduced by 30%.

Due to this comparative negligence law, it’s always advisable to have a personal injury attorney representing you in negotiations. The personal injury attorneys at Eisenberg Law Offices help ensure our clients’ cases are appropriately investigated, and all relevant evidence is examined to determine appropriate liability and maximize claim amounts.

If you have been in a car accident where drowsiness was a factor, contact Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/drowsy-driving-causes-car-accidents-wi-personal-injury/

Protests and Disorderly Conduct Charges | Eisenberg Law

 

How Protests Can Lead to Disorderly Conduct Charges in Wisconsin

Like much of the nation, Wisconsin saw an increase in the number of protests held in the state after the 2020 deaths of George Floyd and Breonna Taylor and the resulting societal unrest. In some cases, what began as peaceful protests turned into violent incidents and scary situations for both police and protestors. As a result, the state saw an increase in disorderly conduct charges.

Wisconsin Disorderly Conduct Laws

Disorderly conduct falls under Chapter 947 of Wisconsin State Law. Chapter 947 governs "crimes against public peace, order and other interests," and disorderly conduct falls at the very top of the list. The statute defines disorderly conduct as:

• "Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance."

It is considered a Class B misdemeanor that carries fines of up to $1000 and/or 90 days in jail if convicted. If convicted, you may also lose your firearms privileges, have a restraining order placed against you, be forced to undergo mandatory counseling, and will have a mark on your permanent record which can affect your employment and housing options.

Disorderly conduct charges are difficult to navigate because they are very subjective. A disagreement between neighbors could lead to one party filing charges against the other simply for having a loud party. Even quiet and peaceful protests can lead to disorderly conduct charges if just one person decides to make a formal complaint.

Unlawful assembly is commonly applied against protestors. Unlawful assembly also falls under Chapter 947 and is defined as "a gathering of 3 or more people that causes enough disturbance for law enforcement to believe that it will cause injury or damage to people and/or property". This may include activities that:

• Block roads and highways
• Block sidewalks and/or access points to public or private buildings
• Block access to retail stores, medical providers, grocery stores, etc.

Unlawful assembly is a Class A misdemeanor. If convicted, a person can be fined up to $10,000 and/or may face up to 9 months in prison.

When Protests Lead to Arrests, Call Eisenberg Law

Being arrested for disorderly conduct while protesting often comes as a surprise to participants. It is very easy to get caught up in the action or for police to round up everyone in the vicinity of the disruption without regard for who was actually acting in a violent manner. Remember, simply engaging in protests is not enough to warrant a conviction for disorderly conduct. Given the subjective nature of these types of charges and the stress and emotions at play during the event, it is very easy for a peaceful protestor to be wrongly accused of disorderly conduct. When this occurs, there is a strong chance your charges can be reduced or cleared with the right defense strategy.

If you are facing disorderly conduct charges in Wisconsin, speak with an attorney at Eisenberg Law Offices. We can examine the evidence against you and the charges you are facing to develop a clear strategy that ensures your side of the story is heard.

Contact our office at 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/protests-and-disorderly-conduct-charges-eisenberg-law/

Wrongful Death Lawsuits | Wisconsin Wrongful Death Claims

 

4 Things to Know About Wrongful Death Claims in Wisconsin

It is hard to lose a loved one. It’s harder when someone else's negligence led to the death. Situations like this may be legally considered a wrongful death in Wisconsin which makes it possible for family members of the victim to claim damages for the death from the negligent party. Damages may include medical expenses, loss of income due to the victim's death, and pain and suffering.

Since it is possible to file these lawsuits in Wisconsin, we want to share a few facts about these types of cases.

1. These Deaths Affect the Victim's Loved Ones

The United States did not originally allow wrongful death claims because courts considered the victim to be the one who died. According to the legal system, since there was no victim to bring forth a claim, there was no case. Eventually, the judicial system recognized that a death affects more than the person who died; it also affects family members. States then began to families to file claims in the hopes of obtaining compensation for their loss.

2. The Claims Fall Under Civil Law

Wrongful death lawsuits are governed by civil law. These claims are filed by the decedent's family against the negligent person or party. The lawsuits can only be brought forth by surviving family members or beneficiaries of the victim. In Wisconsin, surviving spouses, domestic partners, children, parents, and guardians of the deceased can file suits.

3. The Burden of Proof is on the Filer

Simply believing another person is responsible for the victim's death is not enough to file a suit. Wrongful death claims must meet the burden of proof, which shows that negligence occurred, led to the death, and that the death caused harm to the victim's beneficiaries. Although every claim is unique, they all seek compensation based on the financial losses suffered by the victim's family. To meet the burden of proof, filers will have to prove:

• Culpability
• Negligence
• That there are beneficiaries, spouses, or dependents
• That the beneficiaries have suffered monetary loss and/or hardship due to the death

4. States Differ in How They Handle Wrongful Death Claims

Claims are governed by state civil law, which means they differ from state to state. Wisconsin allows beneficiaries or their representatives to file claims, but claims must be filed within two (2) years of the victim's death to meet the state's statute of limitations guidelines. Filers must prove negligence and prove damages. Suits may be filed against individuals and/or organizations who caused the victim's death due to negligence.

File a Wrongful Death Claim with Help from Eisenberg Law Offices

If you think you have a wrongful death case on your hands, it's always best to consult an attorney experienced in these types of claims. Not only are you facing the statute of limitations, but you are also navigating a particularly emotional and possibly financially challenging time. Your attorney can look out for you, manage the process to protect your best interests, and negotiate claims on your behalf without feeling the emotional stress you are experiencing.

Trust the personal injury attorneys at Eisenberg Law Offices to be your advocate and guide. We can help you file a claim within the appropriate time frame, collecting all of the necessary evidence and information needed to prove your case, allowing you time to grieve while still pursuing a claim.

To learn more about our services, call our Madison, Wisconsin office at 608-256-8356 or email us at info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wrongful-death-lawsuits-wisconsin-wrongful-death-claims/