Do I need a lawyer for my criminal or drunk driving case?
You should always consult with an attorney before any court appearance and prior to speaking with a police officer. The role of the attorney is to assist you with the legal process and to protect your rights. Just as doctors do not perform surgery on themselves, people acting as their own lawyer risk irreparable harm. It is much easier to prevent additional problems, then trying to fix mistakes.
OWI FAQs
What will happen if I am convicted of a first offense drunk driving?
In Wisconsin, the penalty depends on the offense. For first offense there will be a fine, a license revocation, an order for an alcohol assessment, and six points on your driving record. You will probably be eligible for an occupational license.
What will happen in I am convicted of a second, third, or fourth offense drunk driving?
The same things as above, but there is also mandatory jail. The jail sentence ranges from five days on up, depending upon the blood alcohol concentration and what offense it is. The jail also generally is with work release privilege.
What is an occupational license and am I eligible?
An occupational license is a temporary driving license with restricted times and locations of travel. You must be eligible for a Wisconsin license or have one at the time of the revocation or suspension. There may be a waiting period before you are eligible. If you have two revocations or suspensions within any five year period, you will not be eligible for at least one year.
How long does a drunk driving conviction stay on my record?
In Wisconsin, drunk driving convictions stay on your record for life. The Department of Transportation no longer "purges" the records of conviction.
How much time do I have to get a lawyer?
Do not wait until the court date it may be too late. If you refused or it is alleged that you refused to take a breath, blood, or urine sample then you must request a hearing within ten days. If you do not, you will lose your license. If you took the test and it was over the limit and you do not request the administrative suspension hearing then you will lose your license. Either way, if you wait it may be too late.
What are the notices that I received?
You may have received from the police a "Notice of Intent to Suspend," if you submitted to a police breath, blood, or urine test, or a "Notice of Intent to Revoke," if you refused or if the officers allege that you refused to provide the sample. Thee act as your temporary license but they also provide important information including deadlines. If you miss the deadlines, then you will lose some of your rights.
Why should I plead "not guilty" if I am guilty?
A not guilty plea is the best way to protect your rights and your driving privilege. It gives your attorney the opportunity to review the reports and make sure that everything was proper and then if necessary negotiate a satisfactory resolution If you just plead guilty then you are at the mercy of the prosecutor and the judge.
How does failing the tests affect my case?
Just because you failed the breath, blood or field tests does not necessarily mean that you will be convicted. The role of the attorney is to evaluate all of the information and determine if there is a way to suppress or keep that information from the court and or the jury. If that evidence is kept out, you will be in a much better position in trying to resolve or dismiss the charges. The police must follow specific procedures and they cannot violate your rights to get evidence to convict you.
Should I have taken the blood or breath test?
At this point it does not matter. If you provide a sample then that evidence may be used against you and may result in an administrative suspension. If you refuse, your license may be revoked for at least a year. At this point, the focus of your case is to work with the facts that we have and exploit the available defenses
What is a pbt or the breath test I took at the scene?
That is a portable or preliminary breath test. Under Wisconsin law this test result may not be used against you at the trial, however it may be used before trial for limited purposes.
What are the field sobriety tests?
Field Sobriety Tests are subjective tools used by the police to justify them arresting you.
How does this impact my CDL?
A drunk driving conviction will always result in suspension or revocation of the commercial driver's license, or "CDL. A conviction resulting in a revocation of your license will prohibit you from driving a commercial motor vehicle. There are no longer occupational CDLs.
Why did I get two tickets?
You received one ticket for drunk driving (OWI/DUI): "operating a motor vehicle while under the influence of an intoxicant." The second ticket was for having a "prohibited alcohol concentration,(PAC)" which means that you got a ticket for testing above the legal limit. Even though there are two tickets you can only be punished for one of the violations.
Is this a felony?
If it is a fifth offense or alleged as a third or fourth offense with a child under the age of 16 then it is punishable as a felony.
CRIMINAL FAQs
What is the difference between a felony and a misdemeanor?
A misdemeanor is punishable by jail in the county jail, a felony is punishable by a term in the Wisconsin State Prison system. A felony also results in the loss of many rights, including the right to possess a firearm. Be advised that the conviction for a "domestic violence" offense may also prohibit your ability to posses a firearm.
What is the Huber Dorm?
That isjail with work release privileges, meaning that you are released to go to work, school or childcare.
What is a preliminary hearing and should I waive it?
This is a hearing before a judge or a court commissioner to determine if there is probable cause to believe that you committed a felony. The standard for the prosecutor to meet is very low, so generally the defense looses these hearings. Deciding to have the hearing or waive it is done on a case by case basis.
Will I go to jail?
This depends on the facts of your case and your background.
REAL ESTATE FAQs
Do I need a lawyer?
Whether you are buying or selling a property, consultation with a real estate lawyer provides you with additional protection against problems. It is better to prevent the problems than to try and repair them after the fact.
What is title insurance?
Title insurance is a policy that protects the buyers of property to make sure that the property is free and clear of encumbrances and or the buyer is aware of restrictions on the property?
Martin Law Offices
James P. Martin, S.C.
547 Center Street
Lake Geneva, WI 53147
Phone: 262-249-8888
Toll free: 1-877-283-8625
Fax: 262-249-8860
The Martin Law Offices in Lake Geneva, WI, have been serving the people of southeastern Wisconsin, including Walworth County, Kenosha County, Racine County, Jefferson County, Rock County, Alpine Valley and the cities of Elkhorn, Delavan, Williams Bay, Pell Lake, Burlington, East Troy, Whitewater, Bloomfield, Darien, Fontana, Genoa City for over 10 years.