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Recent Blog Posts
Is the War on Drugs just modern Prohibition?
The so-called War on Drugs has criminalized drug use in the United States. Even so, drugs continue to be common. Some have compared it to Prohibition and the failed Eighteenth Amendment.
Prohibition was simply the banning of alcohol. Many of the same reasons for Prohibition are used for the War on Drugs: increasing public health, lowering crime rates and the like.
However, Prohibition failed completely. After only a couple of years, people were drinking anywhere from 60 to 70 percent as much alcohol as they had been before, so there wasn't a very good decline in use. Moreover, illegally produced alcohol often had a lower quality and a higher potency, so overdoses and alcohol poisoning were common.
On top of that, Prohibition created a criminal empire centered around the production and distribution of illegal alcohol. Crime went up and corruption flourished.
Plus, the banning of alcohol pushed some people to other drugs. Instead of drinking, they started using cocaine and opium.
Is there ever a time when drunk driving is legal?
The law in Wisconsin is exceedingly clear. Individuals who have a blood alcohol content beyond .08 percent cannot legally operate an automobile on the road. In fact, they can't even sit in the driver's seat while drunk with the vehicle pulled over on the side of the road without running the risk of getting arrested for a DUI. All that said, many drivers are surprised to hear that there are certain exceedingly rare circumstances in which it is actually legal to driver while intoxicated.
Before we discuss some examples of these circumstances -- when it's legal to drive drunk -- readers should be warned: This is not something to do on purpose, and it only applies to rare and emergency situations.
Here are two situations in which a driver could theoretically drive drunk and get away with it:
The driver is being threatened: Imagine someone was threatening a driver's life and forcing him or her to drive drunk. Maybe it's a husband, boyfriend, wife, girlfriend or lover. Maybe it's an abusive boss. Whatever the situation, the driver is fearful of his or her life or safety because someone is threatening and coercing the driver to operate a vehicle while intoxicated.
WalletHub analysis ranks states according to strictness in addressing DUI
Drunk-driving, as readers know, is differently regulated by the states such that the consequences of DUI charges vary depending on where the case occurs. While every state, it seems, holds reduction of drunk-driving as an important goal in principle, some states focus more on criminal penalties in battling the problem than others.
States can focus their efforts in a number of areas in the fight against drunken driving, though, not just with respect to criminal penalties. A recent analysis by Wallet Hub actually ranked the states according to their overall strictness when it comes to addressing the problem of drunken driving. The survey looked at a number of parameters in making the evaluations, including those relating criminal penalties and prevention efforts.
Among the criminal penalties evaluated were: minimum jail times and fines for a first and second conviction; when a DUI charge becomes a felony; the length of time a DUI may factor into penalties for a new DUI; whether additional penalties are imposed for a higher blood alcohol concentration; and whether states impose penalties for child endangerment. Also considered were: ignition interlock requirements; administrative license suspension; whether vehicles are impounded after a DUI arrest; whether sobriety checkpoints and “no-refusal” initiatives are used, and whether alcohol abuse assessments or treatment are mandatory.
Madison men accused of drug and weapons-related crimes
Police arrested two men in Madison, Wisconsin last week on drug and weapons-related charges. Allegedly, the apprehended men were associated with a north Madison home, where authorities seized thousands of dollars of cash, narcotics and firearms.
The arrests happened in the wake of a long-term drug investigation that resulted in three searches of two north Madison residences and a storage locker last Tuesday. Police claim that they seized cocaine, heroin, $12,500 in cash and five guns as a result of their searches. Allegedly, the guns that police found during the search included an AR-15, an SKS 7.62 rifle, two .44-caliber handguns and a .22-caliber assault rifle.
The men were not in either of the residences at the time of the search and seizure operations. However, police later found the men and arrested them after chasing each on foot. The arrested men included a 38-year-old man from Madison and a 34-year-old man from Chicago. The 38-year-old was charged with cocaine delivery, heroin delivery and resisting arrest. The 34-year-old was charged with party to the crime of heroin delivery and resisting arrest.
Making sense of drug possession laws
Depending on who you ask, the so-called war on drugs has been either ineffective or a complete disaster. Indeed, attitudes about drugs seem to be changing in the country with medical marijuana becoming the norm and recreational pot find support in several states. However, drug possession charges can be complicated in that they can be governed and prosecuted at both the state and the federal level. Laws and the ways they're enforced can vary from one state to another also, which makes defending yourself against charges even more confusing.
To boil it down to its most basic part, a drug possession charge must have two elements: the person had to know that the substance was controlled and had to knowingly possess it. The law generally divides possession into two types: possession for personal use and possession with the intent to distribute. It's an important distinction because the penalties can be at opposite ends of the spectrum. Simple possession could mean a fine whereas possession with intent could land you in prison for a long time.
Man accused of criminal charges after high speed police chase
Police in Glendale say that they arrested a man who tried to flee from them while driving drunk. The man allegedly inspired a high-speed car chase that resulted in a fiery vehicle accident. Following the collision, authorities arrested the man and charged him with operating while intoxicated (OWI) causing injury, reckless endangerment, eluding police and other criminal charges.
Police say that the man was already out on bail for another drunk driving offense in Crawford County and that case is still pending. Due to the already-pending charges, the judge set the man's bail at $10,000. When setting the bail, the judge said, "You were already out on bail on another matter for similar conduct, drinking and driving ... then you go out and do it again?"
The pending drunk driving charges happened not two months ago. In addition, the man has drunk driving convictions on his criminal record, including an OWI from 2015 and an OWI with cocaine possession from 2010.
The arrest and car chase happened when police tried to pull over an allegedly road-raging driver. Police received reports that the driver tried to swerve into another car and strike it. Later, police received complaints that the motorist was running through red lights and hitting traffic signs. Police tried to pull the man over, but he sped away down Interstate 43, and a high-speed car chase ensued. After crashing his car into a pole, and after his car erupted into flames, the man allegedly ran away on foot. Police soon caught up with him.
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
marijuana as the years go by.
Wisconsin legislature could ban marijuana drug testing at jobs
According to a National Organization for the Reform of Marijuana Laws (NORML) activist in southeast Wisconsin, "No one should have to worry about losing their job for recreational cannabis use . . . We strongly believe that no one should be penalized at work for what they do in their free time," the man said.
Mental illness sometimes contributes to violent crimes
Many people automatically think that people who have violent tendencies are just acting out. What many people don't realize is that there are sometimes mental health conditions that cause the person to act in this manner. It is easy to think that someone who just stabbed or shot someone should be locked away in prison for life, but this doesn't address the underlying problem.
Many different mental health disorders can lead someone to do violent things. The issue here is that the person isn't going to overcome the problem by being put in prison. Instead, they need to receive mental health care that will help them. This is especially important if there is a chance that they will be released from prison at some point.
Unfortunately, the criminal justice system doesn't really focus on getting mentally ill people help. Instead, it just punishes for the actions that run afoul of the law. Some people think that these mentally ill individuals should just be kept away from weapons. While this sounds easy in theory, the reality is much worse.
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.
The collision happened a little before 6 p.m. last Tuesday on Interstate 43. The man was driving northbound on the highway when he allegedly collided with the trailer. Police say that the man admitted to drinking a martini and taking Adderal before getting into the crash. When authorities tested his blood alcohol content, he allegedly tested with a BAC of 0.18 percent, which is more than double the legal limit.
Milwaukee man arrested and accused of heroin crimes
A man who has a drug dealing conviction on his criminal record was accused of selling heroin in Green Bay. The Brown County Drug Task Force arrested him on a recent Thursday.
Authorities say that 33-year-old man committed 10 felonies in addition to a misdemeanor. All of his alleged crimes relate to Oxycontin and heroin, which police say he was hiding in smoke detectors. Police also say they discovered thousands of dollars in cash inside the tank of the man's toilet.
The Assistant District attorney highlighted the man's criminal background in court by telling the judge that he had multiple drug convictions on his record. In fact, he has at least three drug crime convictions on his record relating to buying and selling narcotics, including cocaine.
As of last reports, the accused man was being held on cash bond of $50,000, and his next court date had been set for Aug. 3. In the meantime, the judge ordered him not to attempt contact with two women who were with him at the time of the arrest. One of the woman happens to be the mother of his child.
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