OWI For Driving Under The Influence Of Marijuana In WI

 

OWI Charges Can Result From Driving Under The Influence Of Marijuana In WI

Most drivers associate OWIs with driving under the influence of alcohol, but in Wisconsin, you can also receive an OWI for driving under the influence of marijuana.

Marijuana Laws Are Strict in Wisconsin

Recreational use of marijuana is illegal at the state level in Wisconsin, which you can tell based on the severity of the state’s marijuana laws. Although some cities in Wisconsin have made it legal to possess as much as 25 grams of marijuana, it is still illegal at the state level and it is still illegal to operate a motor vehicle under the influence of marijuana. A first possession charge is a misdemeanor; subsequent charges become felonies; and it is possible to be charged with an OWI for driving under the influence of marijuana if you are found to have even one nanogram of marijuana in your system.

One nanogram is literally microscopic. If you sliced a grain of rice into 25,000,000 parts, a single nanogram would be just one of those parts. When compared against states like California where the legal tolerance level is about 5 nanograms, it is clear that Wisconsin has a strict policy against marijuana usage while driving.

OWIs for Alcohol vs. OWIs for Marijuana

There is more leniency for driving under the influence of alcohol than there is for driving under the influence of marijuana in Wisconsin. In Wisconsin, you can receive an OWI for alcohol when your BAC is at or above .08 percent. However, you can receive an OWI for driving under the influence of marijuana if blood or urine samples show any evidence of the drug in your system. Since blood and urine samples are routinely tested for any restricted substance, including the active chemical in marijuana delta-9-tetrahydrocannabinol, a positive result can occur even  if you were not suspected of being under the influence of marijuana at the time of your arrest.

Delta-9-tetrahydrocannabinol is specifically listed  in Wisconsin state law alongside methamphetamine and gamma-hydroxybutyric as being restricted unless the driver has a valid prescription for use.

Remember, marijuana can stay in your system for several days, especially if you are a chronic  or habitual user. It is possible to receive an OWI for marijuana even if you did not use it that day.

Our OWI Attorneys Can Help You Fight Marijuana Charges

The OWI and DUI attorneys at Eisenberg Law Offices can help you build a defense to OWI charges whether they are for alcohol or marijuana. Not only are these charges traffic violations, they could also lead to drug charges, both of which carry fines and penalties and could result in the loss of your driver’s license and/or jail time.  Protect your driving record and ability to drive with help from our skilled OWI defense lawyers. Contact us to arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/owi-for-driving-under-the-influence-of-marijuana-in-wi/

 

Top Reasons To Hire A Criminal Defense Attorney

When facing your first misdemeanor or felony charge, it can be a trying and confusing time. Do you need a defense attorney? When should you hire one? Can an attorney really help you? The answers to those are questions are “Yes”, “Immediately”, and “Yes”. There are many reasons to hire a criminal defense attorney, but the most important reason is to give yourself your best chance. Below, we share three of the biggest benefits of hiring a defense attorney

3 Benefits of Hiring a Criminal Defense Attorney

1. Reduced Penalties. If you are charged with a crime, you will face penalties. A qualified criminal defense attorney can make the case for reduced charges, fines, and penalties in a much more compelling manner than a defendant could on their own. In some cases, attorneys are even able to get charges dismissed. Without an attorney advocating for you, you may end up with thousands of dollars in fines and penalties, probation, and even prison time. 
2. Protection of Your Record and Reputation. If you are convicted of a felony or misdemeanor, you will have a criminal record. This is a public record that is a permanent stain on your professional and personal reputation. A criminal record can affect your ability to retain or find a job, housing, or education. It is the job of the criminal defense attorney to build a strong defense that is based on the specific facts of your case to help you avoid these terrible repercussions of a criminal conviction.
3. Experience Brings Better Results. In nearly every single situation, an attorney will be able to obtain better results for you than you could obtain on your own. In-depth knowledge of and experience with the law, constitutional rights, police procedure, and the court system cannot be learned quickly or adequately to present your case effectively. The outcome will affect your life. This is the time to trust someone who has the knowledge and experience necessary to obtain the best result possible.

Discover More Reasons To Hire A Criminal Defense Attorney at Eisenberg Law Offices

If you find yourself in need of criminal defense in Wisconsin, contact the criminal defense attorneys at Eisenberg Law Offices. We have over 30 years of experience and a demonstrated track record of successful criminal defense. Our attorneys are personally involved in every case to develop the most appropriate defense strategy for the situation.

Schedule a free and confidential case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/top-reasons-to-hire-a-criminal-defense-attorney/

Car Insurance Tracking Data And Personal Injury Claims

 

How Car Insurance Tracking Data May be Used in a Personal Injury Claim

When an insurer reviews a personal injury claim, they will pull evidence, information, and data from a variety of sources, including car insurance tracking data. This type of data tracking is often used as part of an auto insurance company’s good driver discount program. Enrollees make the data accessible in different ways, depending on the insurer. Some insurance companies collect data through a smartphone app, others use devices that connect to the car’s on-board diagnostics, and still others can access tracking data that is already being collected in late-model cars.

Types of Data Collected

Just as each insurer has its own method of collecting data, each also collects its own selection of data. The data tells a story about your driving habits, which the insurer can use to determine your suitability for the good driver program and related insurance premium discount.

The type of data that may be collected for these programs includes:

• Call data
• Speed data
• Acceleration and deceleration or braking data
• Days, dates, and times
• Cornering data

How Do Insurers Use Car Insurance Tracking Data?

The primary way in which insurance companies use car insurance tracking data is to determine your eligibility for the good driver program discount. In most cases, the data will only be looked at when your policy is up for renewal.

One other way in which the data can be used is in a personal injury claim. The data can be submitted as evidence in a claim or car accident lawsuit. This can either help or hurt your case, depending on what the data logs display.

Even if you are the victim in the accident, it is possible for the insurer and/or the other party’s attorney to use the car tracking data out of context to imply that you are not as safe a driver as you claim to be, engage in reckless driving behavior, or are dishonest about how safely you drive. Without an attorney to represent you in your personal injury claim, there is a risk that this data could devalue your claim or even lead to a denial of a claim.

Consult the Personal Injury Attorneys at Eisenberg Law Offices for Help Supporting Your Personal Injury Claim

Good driver programs do pay off for many drivers, but it is always a good idea to be aware of how your personal data could be used against you and to decide if the risk is worth the reward. If you are enrolled in a good driver program, review your policy to learn what data is being tracked and how it is being used. Although your insurance policy is designed to protect you, the reality is that insurance companies also have to protect themselves from loss and that can mean denying claims if they are not handled appropriately.

If you have been injured in an auto accident, contact the auto accident attorneys at Eisenberg Law Offices for assistance in managing your personal injury claim. Our attorneys are familiar with the myriad ways insurance companies try to deny or devalue claims and can help you navigate the process and avoid the most common pitfalls or manage the claim on your behalf to maximize your payout.

Schedule a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/car-insurance-tracking-data-and-personal-injury-claims/

Determine Value of Case | Personal Injury Case Valuation

 

How is the Value of a Personal Injury Case Determined?

A personal injury case is brought by victims in order to obtain compensation for the injuries they have suffered as a result of an accident that was not their fault. Determining the value of a case is paramount to victims securing adequate compensation. Insurance companies will examine many factors in the case and assign a value amount to each in order to determine the payout amount.

Factors That Influence The Value Of A Case

• Where the injury happened. Did it happen at work? At a place of business? At home? On public property? As a result of medical care? Where and how an injury happened impacts the value of a case because insurance companies use formulas to assign value to cases based on where and how the accident happened and what injury was suffered.

• The type(s) of injury that was suffered. Some injuries are valued higher than others. Permanent injuries, hard injuries like broken bones, head injuries, spine and neck injuries and those that require extensive medical treatment are valued higher than less serious injuries. Examples of injuries that are valued lower are soft tissue injuries like sprains and strains, those that require little recovery time, or those in which no medication or treatment follow-up is required.

• The impact on your life. Injuries that caused the victim to miss work or become unable to do their job, require long-term treatment or care, are permanent or caused emotional or physical distress are usually valued higher in a personal injury case than those that do not have these impacts on your life.

Additional Factors That Can Influence Compensation In A Personal Injury Case

All of the above factors will be taken into consideration and plugged into a formula by the insurance company to determine the value of a case. In addition, other factors can increase or decrease your payout amount.

These include:

• Fault for the accident and/or injuries. If you bore no-fault, you may receive a higher amount. If you were at fault, your compensation may be lower.
• Evidence and witnesses. If you have evidence and/or witnesses that support your case you may receive more compensation. However, if the witnesses or evidence harm your case or strengthen the other side’s case, you may receive a lower amount.
• Your demeanor. Remaining professional and organized throughout the process can help your case. Doing the opposite can hurt your case.

Ensure You Receive The Maximum Amount Possible In Your Personal Injury Case

Sometimes, the payout amounts are adequate and acceptable to accident victims, at other times, the amount offered is less than what the victim is due. In order to ensure you receive the appropriate compensation amount, contact the personal injury attorneys at Eisenberg Law Offices soon after your accident. We can help you navigate the claims and insurance process, negotiate on your behalf, collect and present evidence to support your claim, and advise you of your options so you can make the best decision for your future. 

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

This post was originally published at https://www.eisenberglaw.org/determine-value-of-case-personal-injury-case-valuation/

OWI On A Bike | WI OWI Laws | Eisenberg Law

 

Is It Possible to Receive an OWI on a Bike in Wisconsin?

Drunk driving is punished severely in Wisconsin, but what qualifies as “driving”? Can you get an OWI on a bike? Technically, the answer is no, you cannot be charged with OWI for riding a bike while intoxicated. However, that does not mean you cannot be charged with other offenses.

OWI and Motor Vehicles

The reason you cannot be charged with OWI on a bike comes down to statutory definitions. In Wisconsin, the statutory definition of operating while intoxicated expressly prohibits the driving or operation of a motor vehicle while under the influence of an intoxicant or controlled substance.

Under Wisconsin State Statute 340.01(35), a bicycle is not considered a motor vehicle. The statute defines a motor vehicle as: “a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled”. This includes snowmobiles, ATVs and UTVs, electric scooters, and electric personal assistive mobility devices, but specifically excludes electric bicycles.

Since bicycles are not self-propelled, they are not considered motor vehicles and not subject to laws governing the use and operation of motor vehicles, including motor vehicle OWI laws.

If you are under investigation, protect your driving record and ability to drive with help from our skilled OWI defense lawyers. Contact us to arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/owi-on-a-bike-wi-owi-laws-eisenberg-law/

At Fault In A Car Accident | Determine Fault In Car Accident

 

It is Not Just Drivers Who Can Be at Fault in a Car Accident

Determining fault in a car accident is important in cases where there have been injuries or significant damage. In some cases, who is at fault is clear and straightforward, but at other times, it is less clear. In some situations, particularly in shared fault states like Wisconsin, both drivers can be at fault for the accident.

Regardless of how it appears to you, insurance companies will investigate to determine fault in the accident so they can determine which party will need to pay for damages.

Using Evidence to Build a Case

Even in the most cut-and-dried situations, it is important to collect evidence to support a case. Evidence will help prove who is at fault and can be used to determine how much the insurance company will pay on the claim. Insurance companies are notorious for trying to deny claims or not pay the full claim amount. By providing evidence, you can help prevent this.

Evidence collection begins immediately after the accident. You will want to gather as much evidence as possible at the accident scene. If you are able to do so:

• Call 911 to report the accident and document it.
• Exchange insurance and contact information with the other driver.
• Collect contact information from witnesses and ask what they saw.
• Snap photos of your injuries and any passenger injuries as well as damage to the vehicles.
• Take pictures of the area, such as the road, signs, intersection, and placement of the vehicles.
• Note down any important facts like weather conditions or if something happened that may have led to the accident.

This is also the time to contact a car accident attorney. Your attorney will be able to investigate the accident, examine the evidence you collected, and collect their own to build your case. Attorneys can also obtain access to additional information that you may not have access to such as GPS data and cell phone records.

Prove Negligence, Determine Fault, and Receive Damages With Help From Eisenberg Law Offices

There are multiple criteria that must be met in order to actually obtain compensation from an insurer after a car accident. You will need to provide useful evidence, determine that one or more parties were negligent in their actions, and prove that those actions resulted in the accident. A car accident attorney from Eisenberg Law Offices can help you at every stage of this process. We help our clients with evidence collection, filing and managing insurance claims, negotiating with the insurance company, and can help file a civil lawsuit if your injuries are severe or the insurance payout is inadequate.  

Learn about your options and how we can help you with your car accident case during a free consultation. Schedule by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/at-fault-in-a-car-accident-determine-fault-in-car-accident/