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Drunk driving scenarios
Wisconsin drunk driving lawyers are not miracle workers, but they can assist you in navigating your criminal charges. In some cases, when your criminal defense counsel can identify holes in the prosecution's case, they may be able to get your charges dropped or dismissed. In other cases, your lawyer might be able to reach a plea deal in order to get your punishments reduced.
The criminal, career, social and financial consequences of an operating while intoxicated (OWI) conviction are serious. Nevertheless, 3.1 percent of Wisconsin drivers still admit to driving after having too much to drink. As a warning to all drivers, let's look at a few possible scenarios that drunk driving defendants commonly face:
- First-time offenders with OWI charges: A first-time OWI charge is usually a non-criminal offense, which doesn't result in jail time. Those convicted of this crime will usually face a large fine, a nine-month maximum license suspension, a 12-month maximum ignition interlock device (IID), an alcohol assessment exam, and at least six points on their drivers' licenses. Additional penalties unrelated to the criminal aspects of this conviction could include an increase in insurance premiums and professional consequences. Incidentally, if your OWI charge was also connected to injuries, you might have to spend 30 days in jail.
Educators can be deeply impacted by a DUI conviction
As an educator, such as a teacher or coach, you know one thing to be true: Your students and/or players look up to you at all times. For this reason, you have to hold yourself to high standards. Unfortunately, there are times when people make mistakes outside of work. If this happens, such as being charged with driving under the influence, it could have a negative impact on your career.
Being arrested and charged with DUI doesn't necessarily mean you will be convicted. You can put this behind you once and for all by avoiding a conviction.
The best DUI defense strategy
There is no simple way of saying which defense strategy is best since no two people are faced with the same circumstances. This is why you need to do two things:
- Consult with a qualified DUI attorney.
- Learn more about the many types of strategies that have worked for others in the past.
Some of the most common strategies include:
Facing a criminal charge? Pay attention to these factors
For people who are facing their first encounter with the criminal justice system, there are some aspects that might be a mystifying. This can cause them to feel stress and uncertainty. As you can imagine, having these feelings for months while the case moves through the system is difficult and frustrating.
While there isn't really a way to take all of the unpleasantness out of the process, it is possible to learn a little about it so that you can feel prepared as you fight the charges you are facing. Here are some points to think about to get you started on your quest for knowledge about the criminal justice system:
Grand jury vs. trial jury
There are two types of juries involved in the criminal justice process -- the grand jury and the trial jury. The grand jury is the larger of the two and is comprised of 16 to 23 jurors. These men and women look at the evidence in a case to determine if there is enough to believe that a person committed the crime. If they find probable cause, they are likely to recommend that the person face criminal charges, which is known as an indictment. The meeting isn't open to the public and defendants don't have a right to attend.
Facing shoplifting charges
The act of taking an item in a concealed manner and leaving without paying is called shoplifting. Although it is a larceny, it is considered a theft of someone else's property. Although taking something from a store is considered as shoplifting, there are some other cases that may also lead to shoplifting charges. Any scenario in which you take off with something without paying will be considered shoplifting under the law.
The charges and sentencing for shoplifting usually vary depending upon the type of offense committed. For example, if the stolen goods are of more value, the sentencing could be severe. Furthermore, dangerous items like weapons being stolen is a serious issue which is why the charges are always more severe. The prosecution has the right to decide what charge they want to press against the defendant. There are several factors that the prosecutor analyzes before coming up with any formal charges. They may have a look at the defendant's prior record to see whether there is a history of shoplifting. Defendants without any serious history of shoplifting might get off easier than one's who have a history.
Factors that may impact the severity of a DUI charge
When facing a DUI charge, the prosecutors may decide the type or severity of the charge depending on the circumstances. Certain DUI charges are considered as minor and can be classified as misdemeanors, but others are more dangerous. Felony DUI’s can create a lot of problems for you in the future. If you are found guilty of a felony DUI, you might have to pay hefty fines and spend some time in prison. A felony DUI charge is complicated, and the prosecutor must comply with specific regulations before charging someone with a felony DUI which vary by state.
Blood alcohol level of the suspect is an important part of the felony DUI charge. A law enforcement officer may ask you to take a test if they suspect you are driving under the influence. Refusing the breathalyzer test is a crime in itself. Blood alcohol levels of 0.16 percent or more may result in felony DUI charges. However, levels as low as 0.08 are sufficient evidence to prove a simple DUI charge.
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.
The incident, which went viral on the internet, has sparked nationwide protests against Starbucks. Even the CEO of Starbucks has issued a formal apology to the men and closed down Starbucks stores for training intended to prevent such incidents from happening again in the future.
The fact is that most Starbucks customers have sat down in a store and waited before ordering because their friend or business associate had yet to arrive. In this case, as police were putting the handcuffs on the men, their business associate arrived for the meeting, verifying the men's initial claim.
Federal gun laws you should be familiar with
Under the Second Amendment, the United States Constitution states that American men and women have the right to bear arms. More specifically, the constitution states that "the right of the people to keep and bear Arms shall not be infringed." The Second Amendment cites the need for a militia in order to secure the freedom of the state as the reason for this amendment.
By virtue of the second amendment, gun owners in Wisconsin and other states cannot have their firearms forcibly taken away from them in most cases. Furthermore, gun owners will often cite their Second Amendment rights when they speak up about gun restrictions, which many gun owners feel are unfair and unlawful. That said, the Second Amendment does not prevent Americans from getting into trouble with gun laws. For example, gun collectors, gun dealers and gun owners all need to adhere to federal and estate laws when possessing and handling their weapons.
With specific regard to federal gun laws, let's take a look at the most relevant restrictions against owning or possessing a gun under federal laws:
Federal LSD drug laws and punishments
The psychedelic drug LSD (d-Lysergic Acid Diethylamide) is illegal throughout the United States. Under federal drug laws, LSD is classified as a Schedule I narcotic, meaning that an LSD-related conviction will come with the severest punishments on par with those associated with heroin.
Because the federal government has classified LSD as one of the most dangerous kinds of drugs, a first-time conviction for the least serious LSD possession offense will be punished with a minimum of $1,000 in fines and a maximum of three years in prison.
LSD sales convictions will be punished based on the amount of LSD involved and the number of previous convictions. Even with a first-offense LSD sales conviction of less than 10 grams, the offense could result in a five- to 40-year sentence and fines as high as $2 million. If more LSD or a second offense is involved, it's difficult to believe, but someone could easily face a lifetime conviction for a nonviolent LSD conviction.
Considering the fierceness of LSD penalties, it's surprising to find that approximately 9 percent of the U.S. population above the age of 12 admits to taking LSD at least one time in their lives. The average user of LSD is male, white and between the ages of 18 and 22. This user probably lives in the Western part of the United States and has educated parents and upper-middle-class parents.
Federal regulators order reduction of opioid production amid abuse epidemic
Something readers may not be aware of is that federal regulators have the authority to limit the amount of controlled substances which may be manufactured in the United States on an annual basis. Under the Controlled Substances Act, the United States Attorney General is required to set annual manufacturing quotas for basic classes of Schedule I and II controlled substances to ensure an adequate supply.
The federal Drug Enforcement Administration, which is the agency delegated the authority to handle such matters, recently issued a final order establishing initial aggregate production quotas for 2017. The new numbers reportedly represent a 25 percent reduction in production for almost all Schedule II opiates and opioid medications, though the manufacture of certain medications was reduced by an even greater amount.
Fight back against a holiday drunk driving charge
Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.
One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.
Another thing that you have to consider in these cases is how the effects might impact your life. For example, you might lose your driver's license. This means that you will have to find ways to get work and to run errands. If your job involves you driving, you won't be able to do that.
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