Example Of Unlawful OWI Stops In Wisconsin

 

Examples of an Unlawful OWI Stop in Wisconsin

Did you know that it is possible to have undergone an unlawful OWI stop in Wisconsin? If you have been charged with OWI, you should be aware of this possibility and how it may affect your arrest.

What is an Unlawful Arrest?

Unlawful arrests happen when an officer arrests someone without having probable cause or without following Wisconsin state laws and procedures. We do see this happen from time to time with OWI cases. In those situations, the judge may dismiss the case if the defending OWI attorney can prove through due diligence that it was an unlawful arrest. Below we share three examples of an unlawful OWI stop.

3 Examples of an Unlawful OWI Stop

1. You Weren't Drunk. The legal limit for blood-alcohol concentration (BAC) levels in WI is .08%. However, if you have three prior convictions, the legal limit is .02%.  It is illegal to drive in the state with a BAC of .08% or higher. If you were stopped and charged with OWI and your BAC was less than .08%, it may be considered an unlawful stop.
2. The Sobriety Tests Were Invalid. Field sobriety tests and chemical tests are both used by law enforcement officers to determine if a driver was intoxicated or not. However, these tests must be administered in a specific manner, and you must have been read your rights, in order to be valid. If the test is declared invalid, your arrest may be invalid as well.
3. There Was No Probable Cause or Reasonable Suspicion. The U.S. Constitution protects the public from unreasonable search and seizure by government agents. As it relates to driving violations, the law enforcement officer must have had probable cause, believing the driver was intoxicated and/or had reasonable suspicion that a violation of the law was committed, in order to pull you over. If they did not have this probable cause, it may have been an unlawful stop.

Are You Facing OWI in Wisconsin? Contact Eisenberg Law For Help

If you are facing an OWI and have questions about the charges against you or wonder if you are doing all you can to present your best defense, contact Eisenberg Law Offices for a free case review. We will review the facts of your case to determine if the stop was unlawful or if you have any unexplored defense options.

Learn more about our services and how we can help you by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/example-of-unlawful-owi-stops-in-wisconsin/.

Wisconsin Car Crash Statute of Limitations Is Three Years

 

How Late Is Too Late To File A Car Crash Claim In Wisconsin?

There are many matters to take care of after a car crash: doctor visits, car repairs, scheduling time off from work and the list goes on. The very last thing on your mind may be filing a car accident claim. However, due to the statute of limitations in Wisconsin, you need to consider filing a claim sooner rather than later.

A Three-Year Statute of Limitations

Wisconsin has a three-year statute of limitations for car crash claims, two years if someone dies in the crash. That means you must file your claim within 3 years from the date of the accident in order to attempt to obtain compensation. If you miss this deadline, you become ineligible to file a claim or lawsuit at a later date, no matter the circumstances. If you are a minor, you have until your 19^th birthday to file a lawsuit.

This can have devastating consequences for accident victims who may discover that they have been permanently injured, require extensive medical care, or have lost their ability to do their job because of the car accident.

Meeting with a car accident attorney shortly after the event is the best way to gauge the validity of your case within the statute of limitations time frame.

How A Car Crash Attorney Helps Victims

The earlier an accident attorney becomes involved in an accident claim, the better your chances of obtaining compensation. Wisconsin injury attorneys help accident victims advance their claims in a variety of ways, such as:

• Confidential case reviews provide insight and direction for the claim from day one.
• Legal advice from the very start of the case can help you present a comprehensive claim and avoid common mistakes.
• A trusted resource to explain the claims process and guide you through it.
• A third-party to act as your representative and intermediary when dealing with insurance companies and other parties, including the court system.
• A thorough investigation into the facts and circumstances of the accident.
• A professional analysis of your injuries and the effects on your life in order to arrive at an accurate claim amount that fully compensates you for your losses.

There is no reason not to contact an Eisenberg Law accident attorney right away. Our accident attorneys work on a contingency basis, which means they do not get paid until the claim is settled and their clients do not have to pay any upfront costs to file the claim.

It would be far worse to try and manage the process yourself only to become overwhelmed with the process or, even worse, miss the statute of limitations deadline.

When Is It Too Late To Call Eisenberg Law Offices?

Eisenberg Law Offices is here to help you recover from a car crash. If it has been less than three years from the date of your accident, contact us. We may be able to help you if there is still enough time to fully investigate the accident and build the case of a strong claim.

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

This post was originally published at https://www.eisenberglaw.org/wisconsin-car-crash-statute-of-limitations-is-three-years/.

Motor Cycle Accident Risks And Personal Injuries

 

The Top 7 Motor Cycle Accident Crash Risks

Once the snow melts, the lure of the open road hits and motorcycles start showing up on Wisconsin roads. Unfortunately, along with motorcycles come motor cycle accidents and personal injuries. Some accidents can be attributed to negligence, others occur for seemingly no reason.

Whether you drive a car, a truck, or a motorcycle, it’s important to be aware of motor cycle accident crash risks so you can drive defensively and do your best to prevent them and the personal injuries that come with such accidents.

7 Common Motor Cycle Crash Risks

Erratic and aggressive driving are obvious crash risks, but other less well-known risks can be equally as damaging to a motorcyclist if an accident occurs. Seven of the most common are:

1. Gravel and Road Hazards. Road conditions are more impactful on motorcyclists than other drivers. Gravel, uneven pavement, and road debris are much more dangerous to anyone on a motorcycle than they are to people in autos and trucks. There simply isn’t the same amount of protection. Motorcyclists can lose control easier than drivers in vehicles if the roads are gravel or slippery and may suffer serious personal injuries if debris bounces off the road and hits them. Give motorcyclists extra space in suspect road conditions.
2. Weather Conditions. Weather conditions play a role in all types of vehicle accidents, whether a motorcycle is involved or not. Even without snow or ice, wet roads can be slippery. Fog can obscure your line of sight, and puddles can hide dangers like potholes. Although you may be able to avoid serious damage or injury in a car, a motorcycle is a different story. The risk of severe personal injuries is very high in bad weather.
3. Sudden Stops. Following cars too closely is a major risk for a motor cycle accident. If the driver in front has to slam on their brakes and the motorcycle is following too closely, they risk crashing into the back of the vehicle or in some cases, getting thrown from their bike if the front wheel locks up. Drivers of cars and motorcycles should all give each other extra space when motorcycles are on the road.

3. Getting Hit From Behind. If motorcyclists are hit from behind, it can be deadly for them. There is no bumper or crumple zone to protect them, as there is in cars. Other drivers need to pay attention when driving behind a motorcycle and maintain a safe distance.
4. Head-On Collisions. Head-on collisions are particularly deadly for motorcyclists. These types of accidents usually occur at high speeds which accounts for the damage they do. Never turn in front of a motorcycle unless you are certain you have the space and time to do so safely. These vehicles travel much faster than they appear to and don’t have the same stopping ability as cars and trucks.
5. Impaired Driving. Drinking and riding is a leading cause of motor cycle accident fatalities. Drunk drivers have less control over the motorcycle, poorer judgement, and delayed responses all of which can make it harder to safely navigate road conditions and traffic, resulting in accidents and personal injuries.
6. Drivers Don’t See Motorcyclists. The biggest risk for motorcyclists comes from other drivers. So many accidents happen simply because the vehicle driver did not see the motorcycle. Motorcycles are small and they move fast. It is very easy to miss them in your mirrors even when you are paying attention. Add in distracted driving and the risk of not noticing them increases exponentially.

Safe Roads Are Everyone’s Responsibility

All drivers have a responsibility to keep Wisconsin roads safe – for cars and motorcycles. Motorcyclists can protect themselves by learning how to safely operate their bikes and by following the rules of the road and adjusting for conditions. Other drivers can do their part by being aware of their surroundings, not engaging in distracted or risky driving habits, and giving motorcycles space when they do see them.

Personal Injuries After a Motor Cycle Accident? Contact Eisenberg Law Offices

If you have been injured after a motor cycle accident and need help filing your claim or are wondering if someone else’s negligence is responsible for your personal injuries, contact Eisenberg Law Offices in Madison for help. We help motorcyclists file and settle personal injury claims throughout the state.

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

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/motor-cycle-accident-risks-and-personal-injuries/.