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Waukesha Criminal Law Blog

False arrest at Starbucks draws protests

Two black men were at a Philadelphia Starbucks waiting to have a business meeting when police entered the premises and demanded that the men leave. A Starbucks employee had called the authorities, asking police to remove the men, who the Starbucks employee claimed had not purchased any coffee and refused to exit the premises when asked.

Police arrived and an ugly, racially-motivated arrest ensued, all while others in the cafe watched and videotaped the incident. Police questioned the men, asking them why they were there, and they answered that they were waiting for someone to arrive for a business meeting.

Can you get charged with drunk driving a lawn mower?

When it comes to the various ways you can get from A to B, human beings have a lot of options. You could hop on a bicycle, a skateboard, a jet ski, a unicycle, a golf cart – and even a riding lawn mower – if you wanted to. The thing is, even though these vehicles are not automobiles, when you operate them, you must follow the rules of the road. As such, you can get arrested for drunk driving a lawn mower in Wisconsin. In fact, this is exactly what happened to a man in Pennsylvania.

According to police, a 55-year-old man was driving his lawn mower with an open beer can during the early morning hours. Police further alleged that the man smelled of alcohol and when they searched the storage compartment of his lawn mower, they found an empty beer can. The man claimed he was riding the lawn mower to his home, which was six miles away.

Wisconsin alternative drug treatment programs

Drug addiction is a mental and emotional illness, just as much as it can be a crime. Fortunately, more and more states are beginning to treat the mental health issues that cause drug offenses rather than simply sending people to jail.

Through alternative drug treatment techniques called Treatment Alternatives and Diversion (TAD) programs, states across the country -- including Wisconsin -- have helped many nonviolent drug offenders get the help they need through voluntary substance abuse treatment as an alternative to prison or jail sentences.

Are you too drunk to drive? Here's how to tell

Most people who have had a little bit to drink will err on the side of caution and take an Uber home or ask a friend to give them a ride. What happens if you're somewhere in the middle, and you're not sure if you've had too much to drink? What if you're trying to determine if your friend has had too much to drink before letting him or her drive you home?

Whenever you're not sure of how drunk you or your friends are, it's safest to take an alternate way home and avoid driving altogether. That said, here are a couple methods you might want to use for evaluating the state of someone's intoxication:

Have you considered these drunk driving defenses?

Defendants in Wisconsin who have been accused of drunk driving will have various criminal defense strategies available to them. However, only certain methodologies will apply to any given case depending on the facts and evidence being presented by the prosecution, and depending on the potential punishments involved.

That said, here are three common defense strategies used by lawyers in Wisconsin:

State Patrol increases drug arrests in Wisconsin

The Wisconsin State Patrol reports a noteworthy increase in drugged driving during 2016 and 2017. The State Patrol says there has been a 20 percent increase in drug-related arrests over this period of time. In 2016, the State Patrol carried out 2,900 drug arrests and, in 2017, it carried out 3,400.

As for drugged driving arrests, the State Patrol has also seen an increase, having arrested 310 allegedly drugged drivers in 2016 and 390 more in 2017. Authorities say that the increase in arrests has a lot to do with two factors — the better training of officers in detecting and identifying drivers who are high on drugs and the legalization of marijuana in various neighboring states. For example, Michigan, Ohio and Minnesota have all loosened their marijuana laws, resulting in more people gaining access to the drug legally.

How does a Breathalyzer test device work?

If you were arrested for drunk driving, at some point during your arrest process, police probably administered a Breathalyzer test. The results of this test may have even produced a key piece of evidence in your criminal defense lawsuit, and the prosecution may try to use this evidence against you to convict you of drunk driving. As such, you might want to understand a little more about how Breathalyzer tests work.

The Breathalyzer test machine comes in numerous forms and variety. "Breathalyzer" is a brand name, but other companies may offer breath testing devices as well. Generally, all of these devices work the same, and they are all subject to rending completely inaccurate test results. As such, even if your breath test showed you had a high blood alcohol content (BAC), it doesn't necessarily mean that you will ultimately be convicted.

Marijuana acceptance continues to rise in Wisconsin

Politicians in Wisconsin have shown signs of supporting legal marijuana. For example, a high percentage of Democratic gubernatorial hopefuls have recently come out in support of legal marijuana. Also, the Wisconsin legislature may place a ban on marijuana testing by employers.

Perhaps the fact that politicians are supporting legal pot is a reflection of a 2016 poll revealing that 59 percent of Wisconsin residents support legalizing marijuana. If current trends continue, it's likely the more residents will accept and support legalizing the recreational use of

Are nunchucks illegal in Wisconsin?

Nunchucks, a.k.a "nunchaku" are usually two wooden sticks or two metal pieces of pipes connected by a rope or chain on one end. They are used by martial artists and other weapons enthusiasts as protection in many cases. They are also classified under Wisconsin law as "dangerous weapons." Therefore, much as someone tries to tell an officer that they're just two pieces of wood connected by a rope, nunchucks will definitely be viewed as dangerous weapons by the police and, therefore, they will be subject to specific rules and regulations.

Here are a few things to keep in mind about dangerous weapons and nunchaku in Wisconsin:

  • In terms of carrying and possessing nunchucks, the law reads as follows: "No person may carry, possess or use any dangerous weapon, except with the written approval of the chief of police or his or her designee or for law enforcement purposes. Dangerous weapons not approved by the chief of police may be confiscated by a police officer."
  • Furthermore, may not conceal your nunchaku. They must be visible unless you are a police officer. Nunchaku may only be displayed or sold if the chief of police has approved the seller to vend such items.

New proposed legislation seeks a ban on assault weapons

The latest mass shooting to shock the United States into a wave of grieving was the catastrophic incident that happened on Feb. 14, 2018, in Parkland, Florida. This sad mass murder was carried out by a lone gunman armed with an AR-15 assault rifle, which he used to murder 17 high school students.

As the media continues to rage, and communities continue to real, Democratic lawmakers introduced a newly minted gun control measure as a response. If it becomes federal law, the measure would ban individuals from owning the AR-15 assault rifle, among many other weapons that the law classifies as assault weapons.

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