Q. How do I know if I refused the chemical test after I was arrested for an OWI? If I did, what can I do about it?
A: What might seem like a simple question of how to know when you refused a test is actually more complicated than it might seem. For example, you might try to provide a breath sample but fail to provide an adequate sample for testing. Thus, despite taking the test, you are legally, at least initially, considered to have refused it. Furthermore, an officer can take a chemical test of your blood whether or not you consent. Thus, even though they drew blood, you might not have consented to the test.
The easiest way to determine whether or not you consented to the test is to look at the form you should have been provided at the time of your arrest entitled "Informing The Accused". About one-third of the way down the page is a sentence that begins "Will you consent to a chemical test of your [blood/breath/urine]? " Then there should be a checkmark in one of two boxes: YES or No. If the NO box is checked, then the law enforcement officer believed that you refused the test.
If you refused the test, then you are entitled to a hearing. In order to have this hearing, you must request it within TEN (10) days. There are only two defenses to a refusal of a chemical test: (1) You did not actually refuse the test, and, (2) Your refusal was a medical necessity.
For more information about Refusals, or any other OWI topic, or an assessment of your case, feel free to call us at 608-255-9491 anytime. Again, please remember that this post is NOT legal advice.
Sunday, November 8, 2009
OWI Arrest: What You Need To Know First
Q. Last night I was arrested for suspicion of Operating While Intoxicated, what should I do?
A: The first thing anyone should do that has been charged with an OWI in the State of Wisconsin is contact a qualified attorney. Our attorneys are available 24/7 to answer your questions, feel free to call us anytime at 608-255-9491.
That being said, there is some information you should know immediately.
A: The first thing anyone should do that has been charged with an OWI in the State of Wisconsin is contact a qualified attorney. Our attorneys are available 24/7 to answer your questions, feel free to call us anytime at 608-255-9491.
That being said, there is some information you should know immediately.
- You are presumed innocent. The morning after, your driver's license is valid (barring unique circumstances which we will not go into here). If you need to drive, you (typically) may.
- You are under time limits to act. As I said, you are presumed innocent. That being said, you have TEN (10) days to take one of two actions depending on your case:
A) If you REFUSED the chemical test of your breath/blood/urine (see our post on this topic), you have TEN (10) days to request a hearing on the refusal. This request must be sent to the court in which you are to make your Initial Appearance (see our post on this topic).
B) If you CONSENTED to the chemical test of your breath/blood/urine and this test indicated you were over the legal limit (0.08), then you have TEN (10) days to request a hearing on the administrative suspension of your license. If you are over the legal limit, the Wisconsin Department of Transportation can administratively suspend your license. You have TEN (10) days to request a hearing to prevent this from happening. (At the time of your arrest, the officer should have provided you with a form to request the hearing.)
However, please remember that the contents of this post is NOT legal advice. Please contact a qualified attorney for information regarding your specific situation. We are available to help you 24/7 at 608-255-9491.
OWI Traffic Stop
Q. The officer said that he stopped me for [speeding, weaving within the lanes, failure to stop for a traffic signal], can he do that?
A: Whether or not an officer can stop your vehicle depends on the individual circumstances surrounding the stop. Legally, an officer needs what is termed "reasonable suspicion" that a traffic violation has occured to stop a vehicle. Whether or not the officer has this depends on the precise circumstances of your stop.
For a free assessment of your traffic stop, please contact our office at 608-255-9491 today.
A: Whether or not an officer can stop your vehicle depends on the individual circumstances surrounding the stop. Legally, an officer needs what is termed "reasonable suspicion" that a traffic violation has occured to stop a vehicle. Whether or not the officer has this depends on the precise circumstances of your stop.
For a free assessment of your traffic stop, please contact our office at 608-255-9491 today.
Monday, November 2, 2009
Felony Penalties
Q. I have been charged with a felony, what type of penalty could I be looking at?
A. That primarily depends on the "Class" of the felony. When most people think about Felonies, they think about prison. The maximum terms of initial prison confinement for Felonies are:
Class B: 40 Years
Class C: 25 Years
Class D: 15 Years
Class E: 10 Years
Class F: 7 Years, 6 Months
Class G: 5 Years
Class H: 3 Years
Class I: 1 Year, 6 Months
(Wisconsin Statute Section 973.01(2)(b))
Wisconsin is now what is called a "Truth-In-Sentencing" State. This means that if you are sentenced, for example, on a Class G Felony to 3 Years in prison, then you will serve all 3 years without the chance of parole. (You may, however, be eligible for "Earned Release" or the "Challenge Incarceration" Program. Recently as well the State has brought forward "Positive Adjustment Time", which might reduce the lenght of some felony offenses.)
The information contained in this blog is NOT legal advice. For specific information regarding Felony Penalties please feel free to call us at any time at 608-255-9491.
A. That primarily depends on the "Class" of the felony. When most people think about Felonies, they think about prison. The maximum terms of initial prison confinement for Felonies are:
Class B: 40 Years
Class C: 25 Years
Class D: 15 Years
Class E: 10 Years
Class F: 7 Years, 6 Months
Class G: 5 Years
Class H: 3 Years
Class I: 1 Year, 6 Months
(Wisconsin Statute Section 973.01(2)(b))
Wisconsin is now what is called a "Truth-In-Sentencing" State. This means that if you are sentenced, for example, on a Class G Felony to 3 Years in prison, then you will serve all 3 years without the chance of parole. (You may, however, be eligible for "Earned Release" or the "Challenge Incarceration" Program. Recently as well the State has brought forward "Positive Adjustment Time", which might reduce the lenght of some felony offenses.)
The information contained in this blog is NOT legal advice. For specific information regarding Felony Penalties please feel free to call us at any time at 608-255-9491.
Filing For Divorce
Q. How do I file for a divorce?
A. There are two typical ways to file for divorce: jointly or traditional-adversarial method. Both will get you to the same place, they merely begin the action in two different ways. A "joint" filing requires that both parties sign the document asking the Court to grant a divorce and settle issues such as child support, child placement, and property division to name a few.
In the traditional method, the party who files the action is called the "Petitioner" and the party who responds to the filing is called the "Respondent". This method accomplishes in two steps what the "Joint" filing does in one. Essentially, the Petitioner files the document which asks the Court to grant a judgment of divorce and settle all the accompanying issues. The Respondent must then answer that document. (Typically there is little to dispute at this point as major, controversial issues are settled later on.)
These forms must then be filed with the Clerk of the County Court which has jurisdiction over your case and the filing fee paid. There are standard forms available which can be used to file for divorce using either method.
However, always remember that the information on this blog is NOT legal advice and that before filing for divorce you should consult with a qualified attorney. If you should require assistance at any time please do not hesitate to contact us at 608-255-9491.
A. There are two typical ways to file for divorce: jointly or traditional-adversarial method. Both will get you to the same place, they merely begin the action in two different ways. A "joint" filing requires that both parties sign the document asking the Court to grant a divorce and settle issues such as child support, child placement, and property division to name a few.
In the traditional method, the party who files the action is called the "Petitioner" and the party who responds to the filing is called the "Respondent". This method accomplishes in two steps what the "Joint" filing does in one. Essentially, the Petitioner files the document which asks the Court to grant a judgment of divorce and settle all the accompanying issues. The Respondent must then answer that document. (Typically there is little to dispute at this point as major, controversial issues are settled later on.)
These forms must then be filed with the Clerk of the County Court which has jurisdiction over your case and the filing fee paid. There are standard forms available which can be used to file for divorce using either method.
However, always remember that the information on this blog is NOT legal advice and that before filing for divorce you should consult with a qualified attorney. If you should require assistance at any time please do not hesitate to contact us at 608-255-9491.
Sunday, November 1, 2009
Temporary Order
Q. What is a "Temporary Order"?
A. A Temporary Order is, essentially, an order designed to maintain the status quo while the divorce is pending. Temporary Order Hearings are generally held early on in the divorce action. The types of issues which can be decided in a Temporary Order Hearing can include: legal custody and placement of minor children, living arrangements during the divorce, family support or maintenance, and any other issues which might have to be decided at that point. (Typically, Temporary Orders are subject to change at the time of the final divorce hearing. This is not always true, however, mostly due to stipulation.)
The Temporary Order Hearing can be critical the final disposition, however. If you have questions regarding a Temporary Order for your case, please make sure to contact a qualified attorney.
A. A Temporary Order is, essentially, an order designed to maintain the status quo while the divorce is pending. Temporary Order Hearings are generally held early on in the divorce action. The types of issues which can be decided in a Temporary Order Hearing can include: legal custody and placement of minor children, living arrangements during the divorce, family support or maintenance, and any other issues which might have to be decided at that point. (Typically, Temporary Orders are subject to change at the time of the final divorce hearing. This is not always true, however, mostly due to stipulation.)
The Temporary Order Hearing can be critical the final disposition, however. If you have questions regarding a Temporary Order for your case, please make sure to contact a qualified attorney.
Reconciliation
Q. I am currently involved in a divorce. My spouse and I are considering reconciliation, is there anything we can do?
A. Yes. If both parties agree, you can request (by formal written stipulation) that the divorce be suspended for up to 90 days so that you and your spouse can attempt to reconcile. (Wisconsin Statute Section767.323) If reconciliation is successful, then the divorce can be dismissed. If reconciliation is not successful, then the divorce continues as though reconciliation was never attempted.
A. Yes. If both parties agree, you can request (by formal written stipulation) that the divorce be suspended for up to 90 days so that you and your spouse can attempt to reconcile. (Wisconsin Statute Section767.323) If reconciliation is successful, then the divorce can be dismissed. If reconciliation is not successful, then the divorce continues as though reconciliation was never attempted.
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