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Waukesha Criminal Law Blog

37-year-old mother allows her 8-year-old to drive

A 37-year-old mother from Milwaukee has been accused of allowing her 8-year-old son to drive on Highway 145. Police pulled the woman and her son over, after allegedly spotting the woman driving with her young child on her lap in the front seat.

Police said allege they saw the boy steering his mother's vehicle as they drove down the highway. After spotting the pair, police pulled them over, and upon reaching the vehicle, they say that the boy was emotionally distraught.

In Wisconsin, you must begin fighting drug charges immediately

In Wisconsin, drug charges are a very serious matter. Even as lawmakers are slowly introducing medical marijuana legislation that aims to loosen the restrictions against the drug, the penalties for possessing or dealing drugs or drug paraphernalia are still quite stiff.

If you received drug charges of any kind recently, you must begin building a strong, aggressive defense as soon as possible. The longer than you wait to build a defense and take action for your future, the longer that the state has to build its case against you.

Were you arrested for boating under the influence?

Boating under the influence charges happen frequently in Wisconsin's waterways. In fact, some Wisconsin boaters may have been arrested and charged with BUI even though they are innocent. This is partly because the very nature of being on a boat with friends can result in an inappropriate arrest.

Unlike a car, boat drivers can switch off with passengers very easily. One minute you might be driving the boat, and the next minute your friend is driving the boat. Because it's easy for boat passengers to move around and switch positions with the driver, police might be confused about who was actually driving the boat.

Did you get charged with a federal drug paraphernalia crime?

It's hard to imagine, but even the most seemingly innocuous items could lead to a federal drug paraphernalia charge if police find you in possession of them at the time of a drug-related arrest. For example, a box of small plastic baggies would be perfectly innocent in any other context, but if police find you in possession of a large bag of cocaine, they may assume that you're going to use the baggies to traffic and sell the drug.

Let's take a look at what constitutes a federal drug paraphernalia crime under the law:

Punishment for a felon in possession of a firearm conviction

Individuals convicted of a felony in the state of Wisconsin are not permitted to possess a firearm. In fact, if you are convicted of firearm possession following a felony conviction, you will face stiff criminal punishments.

Wisconsin Act 109 establishes the penalties associated with firearm possession by a felon. However, before describing these penalties, it's important to understand who can and cannot possess a firearm in Wisconsin. If you can answer yes to any of the following questions, then you are not permitted to possess a firearm:

Were you accused of arson in Wisconsin?

When a house or business burns down, police will investigate the incident to determine what went wrong. Even if it was a complete accident, police will sometimes accuse a homeowner or business owner of setting a piece of property on fire just to collect the insurance money. In criminal law, this crime is not only referred to as insurance fraud, but it's also called "arson."

Arson is the deliberate act of setting property on fire. In many cases, arson is a part of insurance fraud allegations. However, it can also be committed as a part of a hate crime, or it could involve the setting on fire of forest lands. Arson is classified as a felony due to its capacity to hurt someone.

How To Deal With A Drunk Driving Charge In Waukesha, Wisconsin

In Wisconsin's Waukesha County, a drunk driving charge is formally referred to as Operating While Intoxicated (OWI). There are various ways to be charged with an OWI offense, including driving with a blood alcohol content (BAC) of 0.08 percent or higher; driving under the influence of an illegal drug or other controlled substance; driving with a noticeable measure of restricted or controlled substance in the blood; or driving under the influence of any intoxicant such as alcohol, prescription or over the counter medication, or an illegal or controlled drug.

When pulled over by the police, most people's first inclination is to volunteer information. Although it is generally not wise to refuse to speak with an officer asking routine questions, it would be wise to avoid embellishing or providing extra information. This is because the probability of incriminating yourself or providing more facts that support your guilt increases the more you speak. Rather, you should be polite, calm, and cooperative with the police.

Good news for drunk driving, bad news for distracted driving

The state of Wisconsin has seen a dramatic decline in drunk driving deaths. Due to law enforcement efforts, education programs and criminal penalties during the last decade, deaths caused by drunk driving have decreased by 50 percent, believe it or not. However, there is a new kind of behavior that is increasing the total number of roadway fatalities: distracted driving.

Everyone knows that if you're drunk and you cause an injurious car accident, you could go to jail, but did you know that if you're texting-while-driving and you cause a deadly or injurious accident you could also go to jail? These days, law enforcement officers commonly check for evidence of cellphone usage following a catastrophic accident.

What does the Brady Handgun Violence Prevention Act say?

The federal government has established laws that control what guns you can own and how you can use them. For example, the National Firearms Act (NFA), restricts the ownership of sawed-off shotguns, silencers and machine guns. Although people can still own these NFA weapons, there's a lot of red tape that needs to be taken care of in order to legally do so. The Brady Handgun Violence Prevention Act also regulates firearms.

The Brady Handgun Violence Prevention Act was passed in 1994. This federal act offers nine primary disqualifiers for gun ownership. If any of the following is true for you, you're not permitted to own a handgun under federal law:

Milwaukee man accused of 8th drunk driving offense

A DUI charge can happen to any Wisconsin resident who takes the risk of driving after drinking alcohol. However, in some cases, a Wisconsin driver will find him or herself facing drunk driving charges again and again. Drivers need to be very careful after being charged with multiple DUI offenses because the punishments will get more severe with each consecutive conviction.

In one such case, a Milwaukee man with seven drunk driving convictions on his criminal record has been arrested and accused of drunk driving for the 8th time. Police arrested the man after his van collided with a trailer, according to the sheriff's office.

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