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Charged with drunk driving? You may have to go to DUI School
It is easy to go out with friends to a party or a bar and have a few too many. Imagine having a night out and on your way home, a police officer pulls you over. The officer charges you with driving under the influence. A DUI charge can come with some very serious consequences. If convicted, you could face jail time, large fines and probation. Furthermore, a conviction on your record could limit future job prospects.
Along with the consequences mentioned above, you may also have to attend a DUI prevention program. If you are facing a DUI charge, it is important to understand your rights and options. A criminal defense attorney in the Waukesha area can review your case. Read further for more information on DUI schools and alcohol treatment.
State laws
DUI criminal courts at the state level, as well as the Department of Motor Vehicles (DMV), have the authority to order an offender to participate in classes or a treatment program that focuses on alcohol abuse. Usually, the court will take your completion of such a program into consideration when determining your sentence.
What are the penalties for fraudulent credit card use?
The state of Wisconsin has enacted numerous laws that govern the use of credit cards. It's also developed criminal statutes with associated penalties for the fraudulent use of credit cards. If you've been accused of any type of credit card fraud, it's important to know what the potential penalties are if you're convicted.
Here is a list of penalties associated with Wisconsin credit card fraud based on the class of the crime:
-- Class A misdemeanor: This charge relates to credit card theft, counterfeit credit card possession or the illegal use of a credit card to obtain property under $2,500 in value during a six-month period. This will result in a fine of as much as $10,000 and a prison sentence of not more than nine months.
-- Class I Felony: This relates to the crime of counterfeiting credit cards or illegally using credit cards to obtain property between $2,500 and $5,000. This will result in a fine of as much as $10,000 and a prison sentence of as much as three and a half years.
Adopting the Best Approach for Dealing with Weapons Crimes
Weapons crimes are capital felonies that should be taken seriously by all Wisconsin residents. Just to remind those who might not know, weapons crimes refer to atrocities arising from the illegal possession of arms irrespective of your intentions or location. In most cases, being convicted of weapons charges can adversely your freedom, let alone your reputation. To aggravate the situation, a harsh penalty awaits you once the jury brands you a criminal. Most felonies revolving around illegal gun possession tend to escalate out of control, hence the need to enforce stiff penalties to perpetrators.
Weapons Crimes lead to grave consequences with murder being the unfortunate fatality to victims. The possession of a weapon during the commission of a felony is widely considered to be a malicious intent to exploit an unsuspecting victim. However, the sentencing of such a convict greatly depends on the following factors necessary in the execution process of the intended crime:
The difference between petty theft and grand theft
There are people all over who make the decision to commit a crime. While some are able to get away with the wrong they have done, not all of them can say they have been successful. Being charged with a theft or property crime like shoplifting or burglary can have a negative effect on your life. However, depending on how the crime is classified, the consequences may not be as harsh as some people believe.
Taking something that does not belong to you is what makes it a crime. A theft crime is typically categorized as petty or grand. When courts are determining which category a crime should fall into, they will consider various things, including the kind of property that was stolen and how much it was worth.
In many states, when a crime is considered petty, the property that was stolen is not valued above a certain amount. For example, if a bracelet was less than $1000, the courts may decide that it was a petty crime. When a crime is considered grand, the value of the item or items stolen exceeds that of a petty crime. These two crimes also differ because one is usually considered a misdemeanor, and the other is considered a felony.
Wisconsin could have new DUI laws soon
The government of Wisconsin, along with a prominent group of bar owners, is looking to change the way the state deals with repeat DUI offenders. The Badger State saw 24,000 convictions in 2015 for DUIs, which averages out to 66 per day.
A new legislative package being introduced is designed to make the penalties for drunk driving harsher:
- It would change the minimum sentence for a drunk driving homicide to five years.
- It would change the six-month minimum sentence for five- and six-time offenders to 18 months.
- It would add prosecution for drivers who were caught driving without the court-imposed ignition interlock device. This would be on top of any penalties for driving without a license.
Previous bills like the ones being considered now have failed because of the increased costs it would add to every Wisconsin taxpayer's annual bill. The new legislation doesn't include anything about upgraded penalties for first-time offenders. Right now, first offenses are treated like a traffic violation rather than a criminal offense.
Was your DWI arrest legal?
In general, a police officer can stop a driver if she has reasonable suspicion of criminal behavior. Furthermore, an officer that thinks you have committed a crime can stop and detain you for a brief period while she conducts a limited investigation. Perhaps this is what happened to you while you were driving home from the weekly family dinner at your parents' house.
You had left your parents' house and had made it almost halfway back to your apartment when a police officer pulled you over. As far as you knew, you were not speeding, you were not weaving and your headlights were on. Next thing you knew, the officer was handcuffing you and placing in the back of her cruiser.
Was there reasonable suspicion?
In order to be legal, your drunk driving arrest had to begin with the officer having reasonable suspicion that you were involved in some sort of criminal activity. This is the case even if you were not engaging in any illegal behavior. If the officer did not have reasonable suspicion for the stop, then it is possible that the court will dismiss your case. An experienced Wisconsin criminal defense attorney can guide you through the process of dealing with a DWI charge.
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.
Dealing with mortgage fraud charges
Mortgage fraud generally refers to illegal schemes and misrepresentation of data on mortgage documents. Lying on the forms or impersonating someone else on the forms could result in severe penalties. Mortgage fraud can be carried out for housing purposes or monetary purposes. The sentencing depends on what type of mortgage fraud has been committed.
The Fraud Enforcement and Recovery Act (FERA) was passed in 2009 to reduce the amount of mortgage fraud in the United States. Under this Act, the sentencing for mortgage fraud is pretty severe. Being found guilty under the FERA could result in $1 million in fines or up to 30 years in prison. When mortgage fraud takes place, states might divide the defendant's crimes into other categories. Conspiracy, wire fraud and tax fraud are a few charges that you may also face along with mortgage fraud charges.
Some common forms of mortgage fraud include showing fake loan documents, selling at falsely inflated values, using a stolen identity, equity skimming and straw buyers. States have created statutes to deal with mortgage fraud laws. In some cases, it is treated as a misdemeanor, but you could also face a class B felony charge depending on the offense. If the fraud committed is beyond state lines, the federal government gets involved. Federal sentencing for mortgage fraud is severe as compared to state laws.
Consequences of a DUI conviction
Every person who decides to get behind the wheel of a vehicle is expected to follow the laws of the road, no matter where they are driving. Of course, going the speed limit, obeying signs and being mindful of other drivers on the road are all important, but you are also expected to avoid doing anything that can impair your driving abilities, like drinking. Should you be caught drinking and driving and are charged with a DUI,< you will be faced with various consequences.
The following are possible consequences of a DUI conviction in the state of Wisconsin:
- Payment of a fine.
- Revocation of your license.
- Ignition-interlock device installed in your vehicle.
- DUI or alcohol education and treatment program.
Any one of the abovementioned consequences can change a person's life if they are caught drunk driving and actually convicted of this crime. The consequences could actually be worse if you were to cause an accident and injure or kill someone. There is also the chance of someone receiving jail time and more for drunk driving if they already have one or more conviction on their record.
Dealing with identity theft charges
The act of obtaining someone's identity or personal information through deceptive means is considered as identity theft. In most identity theft cases, this information is used for personal financial gain. A person's personal and economic data can be used for your own benefit in several ways, and all states have statutes to protect their citizens against identity theft.
Information that is deemed personal includes social security number, credit card pin codes, credit history and internet passwords as well. Different means are often used to get this information. In some cases the information has been leaked through government organizations that have all this information. These days the internet has become a major part of our lives, and can be used to obtain sensitive information. Cyber crime is being readily used to facilitate identity theft because it is a lot safer as well.
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