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Recent Blog Posts
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.
TAD programs in different Wisconsin counties
The TAD programs available to drug defendants in Wisconsin vary depending on the county where the alleged offense occurred. These programs have helped many people overcome their addiction problems. They have also saved taxpayers money because they bypass the costs associated with imprisonment.
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:
- Take the one drink an hour test. Add up the number of hours you've been drinking and add up the number of drinks you've imbibed. If the number of drinks exceeds the number of hours, there's a very good chance you're too drunk to drive. That said, you can't drink one beer in the first hour and five beers during the sixth hour. Also, you can't drink five beers on the first hour and one beer on the sixth hour. Use common sense at all times, and remember that smaller people have lower tolerances.
Thse factors can affect the accuracy of a Breathalyzer test
Have you ever wondered what factors could affect your blood alcohol content (BAC) levels? There are many things that can interfere with the percentage concentration of alcohol in your bloodstream after you've drunk an alcoholic beverage. In some cases, such factors could cause two people who drank the same amount of alcohol to render different BAC levels when taking a Breathalyzer test.
Here are a few things that could be contributing factors to varying Breathalyzer test results between two individuals who drank the same amount of alcohol during the same period of time.
- Your age: The older you are, the more you'll be affected by the intoxicating effects of alcoholic beverages. In this respect, you might have the same amount of alcohol in your blood as your younger counterpart, but you exhibit more signs of inebriation.
- Your sex: Men tend to show fewer signs of inebriation and will have a lower BAC than women after consuming the same amount of alcohol. This is because men tend to have more water in their blood than women.
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.
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.
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:
Improper stop
Police must have a valid reason -- virtually any valid reason -- to pull over a driver, such as the driver not having his or her headlights on or crossing the double-yellow line. If police stop a driver for no good reason and it ends in an arrest, then the resulting charges could get thrown out of court.
Bad handling of chemical test samples
Whether police use a Breathalyzer test, or hold a test without a Breathalyzer through a blood or urine sample, these tests are hard to prove as accurate in some cases. If the defendant can show that lab technicians or police mishandled the samples related to the test, he or she might be able to get the lab results thrown out as evidence.
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."
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.
Thus far, Republicans have strictly opposed the proposed law while Democrats are supporting it. Gun rights advocates oppose bill as well, while pointing out that the AR-15 should not be on the list of banned weapons because it is not a fully automatic rifle.
The law clearly states it will make it illegal for individuals "to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon." The law also requires a public list of all assault weapons that criminals have used in carrying out their crimes.
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.
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.
According to a representative of the Wisconsin State Patrol, "...marijuana is bound to be moved through the state, and our officers are starting to see more of that." He also said that he believes "...there's a rise in drug arrests based on the fact that marijuana has been legalized in some of these states and we're seeing it being transported to and from through Wisconsin."
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