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Appleton Wisconsin Criminal Law Blog

Possession of drug paraphernalia and its determinative factors

Drug offenses can come in a variety of ways and it is imperative for Wisconsin residents who are arrested on drug allegations to remember that they have rights. One issue that frequently arises is when a person is arrested for possession of drug paraphernalia. Knowing how the law assesses an item and if it is being used for drugs is one of the foundational points when planning a defense. Various factors go into the determination of an item as being drug paraphernalia.

During the investigation, the owner or the individual in control of the items could make statements about it and how these items are used. This can be a key factor in a drug paraphernalia case. The location of the object is also important when deciding whether the person has violated the law. If there are controlled substances or their analogs and these are near the item, it could be important when the decision is made as to whether it is being used as drug paraphernalia.

Child injured, woman killed in motorcycle drunk driving crash

In Appleton and across Wisconsin, it is important to remember that drunk driving charges are not limited to driving a car or a truck. Motorcyclists can also face drunk driving charges. Motorcyclists are just as susceptible to an arrest for operating while intoxicated as anyone else. The charges and the penalties for a conviction can be significant. This is especially true when there is a felony drunk driving charge. The penalties will be the same regardless of the type of vehicle the person was driving and it is imperative to lodge a strong defense after an arrest.

An accident between a motorcycle and a bicycle led to the death of a passenger on the motorcycle and severe injuries to the child riding the bicycle. The man who was operating the motorcycle was arrested on multiple charges. The crash occurred at an intersection. The bicycle rider, a 13-year-old boy, was found some distance away from the crash site. The passenger on the motorcycle, a 53-year-old woman, was thrown around 40 feet from the motorcycle and died. The boy was flown to the hospital where he was put in a medically-induced coma. The man operating the motorcycle had cuts to his face, but was walking in the aftermath.

Man charged with drunk driving after passing out in drive-through

Anyone who is facing allegations of driving under the influence in Appleton and throughout Wisconsin should remember the litany of consequences they will face should there be a conviction. These can include a driver license suspension, an arrest, fines and other penalties. A strong defense can be imperative to combat these charges, especially when there are prior offenses in the driver's past. The circumstances under which the arrest was made are key to the strategy used when formulating that defense and should not be ignored.

A man was arrested for a second-offense drunk driving when he was found passed out in a McDonald's drive-through. The incident began at around 10 p.m. when there were calls to law enforcement about a driver who was passed out. He was in a Honda Accord. The staff at the restaurant said that he was breathing, but did not respond to them. When law enforcement arrived at the scene, the man was woken up and arrested.

Man with eight previous OWI incidents arrested on new OWI charge

For Appleton residents and those throughout Wisconsin, law enforcement will be actively seeking drivers who indicate hallmarks of being under the influence of alcohol or drugs. After a traffic stop, when the officer has investigated and come to the determination that the driver is under the influence, there will be an arrest. A conviction can carry with it significant consequences. This is especially true if the driver has previous convictions for an OWI charge. Having a legal defense is important regardless of the circumstances.

A 54-year-old resident of Appleton was arrested for OWI. What makes this case unique is that this was the ninth time he has been charged with OWI. According to law enforcement, a state trooper saw the vehicle commit a lane violation. The incident occurred in the early morning hours at around 4:15 a.m. The officer stated that he smelled marijuana coming from the vehicle.

Man faces criminal charges after crashing into police car

When a traffic stop is initiated by law enforcement in Appleton or anywhere in Wisconsin, it can be an intimidating time with the driver feeling apprehensive about what will happen. In some cases, the driver faces allegations that he or she fled the scene. This can lead to a litany of other problems with accompanying penalties if there is a conviction. For people who are caught up in this type of criminal accusation, a law firm that is experienced in providing a defense is critical.

Law enforcement asserts that a driver was behaving suspiciously when they attempted to stop the vehicle at around 10:25 p.m. The vehicle was said to be on the sidewalk and moving at 35 mph. As they tried to stop the car, the driver, a 25-year-old man, subsequently tried to flee. It sped off with police in pursuit. It jumped the curb, went into a yard and crashed into a fence before getting back on the road. It was behind another law enforcement vehicle. The officers tried to box the car in to stop it. It sped up and crashed into the front of another cruiser. As he again fled, he crashed. He fled on foot but was caught and arrested. He was arrested for this incident and for violating probation.

What should you know about ignition interlock devices?

When a Wisconsin resident is arrested on drunk driving charges, the penalties for a conviction can be significant. Most people will understand that there is a chance for fines, a driver's license revocation and even jail time. However, there are other penalties that can be assessed as well. There may be an order for an ignition interlock device to be placed on the driver's vehicle. Knowing when this is a possibility and how it can affect a person's life is imperative, just as it is important to present a strong defense to try to avoid a conviction.

An ignition interlock device makes it necessary for the driver to blow into a mouthpiece so that the machine can register the person's blood-alcohol concentration before the vehicle will start. It will also require than the driver to blow into the device intermittently to ensure that he or she was not drinking after the vehicle initially started or if someone who was not under the influence blew into it so the vehicle would start. Drivers who have had repeat convictions for operating while intoxicated, those who have refused to submit to a test to determine BAC and those who are convicted of a first offense OWI and have a BAC of 0.15 or above must have the ignition interlock device installed on their vehicle.

Drunk driving charges can mean serious penalties

Drunk driving charges in Wisconsin are extremely serious. Individuals accused of drunk driving face serious potential penalties and consequences. During 2015, there were approximately 24,000 convictions for drunk driving-related offenses in Wisconsin.

Drunk driving charges can have a lifelong impact on an individual who has been accused of driving while impaired. Being arrested for drunk driving in Wisconsin can lead to potential incarceration, fines and a loss of the accused individual's driver's license. In addition, when an individual accused of driving under the influence refuses a breathalyzer test, they can face the requirement that they turn over their license immediately and for at least a year and may face other penalties as well.

What you need to know about Wisconsin's new DUI law

Drunk driving is a serious offense that can take innocent lives and cause repercussions lasting a lifetime. Too many intoxicated drivers fail to learn their lesson the first time they face a DUI conviction, though. Repeat DUI offenders are some of the most dangerous drivers on the road, and Wisconsin has taken steps to prevent such drivers from continuously putting everybody else on the road at risk.

If you have been charged with a DUI-related crime, there are a few things you should know about the new law that Wisconsin passed in March. Consider the following facts, and think about consulting with a legal representative to obtain defense against the charges you are facing.

The basics of plea bargaining

Plea bargaining is an important aspect of the criminal justice system. As a result, accused individuals should understand plea bargaining so that they can fully understand their options when facing criminal charges. There are different types of plea negotiations so it helps to know what those are as well.

One type of plea bargaining is referred to as charge bargaining and involves negotiation of the specific charges the accused individual is facing. In circumstances of a charge bargain-based plea bargain, the accused individual pleads guilty to a reduced charge in exchange for other, usually more serious, charges being dropped. The other type of plea bargain is sentence bargaining. Sentence bargaining refers to when the accused individual pleads guilty to a criminal charge in exchange for a reduced sentence or recommendation of a reduced sentence to the judge. Fact bargaining is a third type of plea bargaining.

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