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Recent Blog Posts
Drunk Driving Accidents: Bad Memories That Last Forever
Recently, a significant amount of civil lawsuits involving personal injuries caused by drunk drivers are being filed with state courts around the country, including Wisconsin. Sadly, the harsh criminal penalties and lengthy periods of incarceration associated with drunk driving have not done enough to deter drunk drivers from getting behind the wheel.
The Centers for Disease Control and Prevention estimates that 30 individuals die every day in motor vehicle accidents across the United States. In 2013, approximately 10,000 individuals were killed in automobile accidents related to alcohol-impaired drivers. Wisconsin has the highest rate of drunk driving out of all other states in the United States and over 33,000 Wisconsin citizens were convicted of a drunk driving-related offense in 2012. During that same year, 223 individuals were killed and over 3,000 suffered injuries because of drunk drivers.
Marijuana and OWI Charges
You can be charged with OWI in Wisconsin any time you operate a motor vehicle with a detectable amount of a restricted controlled substance in your blood. Wisconsin is therefore known as a “zero tolerance” state when it comes to driving under the influence of marijuana.
How and under What Circumstances Do the Police Test for Marijuana Use?
When there is suspicion of drugged driving, Wisconsin police test for Delta-9-THC, an active ingredient in cannabis, which passes through the body much faster than other inert metabolites of cannabis. If at the time you were pulled over and tested positive for cannabis use, you had a valid prescription for marijuana, then you can raise that as an affirmative defense. Otherwise, however, there is a strict liability standard, even if what is in your system was from use several hours or days prior.
Why You Should Request an Administrative Hearing If Arrested for OWI
Everybody makes mistakes from time to time, and when there is alcohol involved, mistakes are more likely. One major mistake that Wisconsin residents often make leads to an OWI charge (operating while intoxicated). If you have been arrested for OWI, it is very important to act quickly and retain an experienced OWI lawyer to help you avoid serious consequences. An important early step in this process is to request an administrative hearing after your arrest.
Notice of Intent to Suspend Operating Privileges
If you are arrested for OWI in Wisconsin, you will receive a pink notice, which is titled Notice of Intent to Suspend Operating Privilege. That notice shows your test results from a breathalyzer test or chemical test, and is a temporary (30 day) driver’s license. Accompanying the notice is a yellow form titled Administrative Review Request. This is how you receive notice of your right to request an administrative hearing.
What Is an Administrative Hearing?
If a breathalyzer test is administered at the scene of your arrest, then your Notice of Intent to Suspend will be provided to you at the police station. That means you have only 10 days to submit your Administrative Review Request and request an administrative hearing. If, however, you are given chemical tests at the time of your OWI, it may take two to three weeks for the results to be returned. Once the results are returned to the police, you will be mailed your Notice of Intent to Suspend, and you will have 13 days from when it is mailed to request an administrative hearing. It is very important you request an administrative hearing; if you do not do so, you might lose your license before your court date for OWI has arrived.
What Will Happen at the Administrative Hearing?
Once the Administrative Review Request is submitted, the DMV will contact you or your attorney to schedule the review within 30 days. Your hearing will be held at the DMV that is closest to the scene of your arrest, and an employee of the DMV serves as prosecutor, judge, and jury over your case.
The DMV employee will look at all of the evidence presented, including whether the traffic stop was legal, if there was a reasonable belief that you were intoxicated and probable cause to arrest you, whether all tests were properly administered, whether you were driving a commercial vehicle or private vehicle at the time of your arrest, and whether you have a valid THC prescription (or a valid prescription for any other drug for which you tested positive on a chemical test). This is just a sample of what is looked at, and if there is any other evidence relevant to the hearing, your lawyer will submit it at that time.
What Happens If You Lose the Hearing?
Losing the hearing means losing your license. Even if you later win at trial, or the charges are later dismissed, you will lose your driving privileges if you lose your administrative hearing. All hope is not totally lost if you do not prevail at this hearing, as another hearing can be requested to challenge the outcome. Not requesting the administrative hearing guarantees you lose your license until your trial.
What Happens If You Win the Hearing?
Winning the administrative hearing might be temporary, but if you win, you get to keep your license for now. This is important, as it allows you to keep driving to work, school, or wherever your responsibilities require, and minimizes disruption to your routine and the routine of your loved ones until it is absolutely necessary. Of course, there is always a possibility that your charges are dismissed, lowered, or you prevail at trial, which means that by winning the administrative hearing, you will never face the daily disruption of license suspension. If you are later convicted at trial, you will lose your license for the statutory period, but at least in the interim, you get to keep driving as long as possible if you prevail in your administrative hearing.
If you are facing OWI charges, don’t hesitate to contact our skilled Milwaukee criminal defense attorneys today. We will aggressively advocate on your behalf.
What You Need to Know about Field Sobriety Tests
If you are pulled over and the police suspect you are operating your vehicle under the influence of alcohol, you will likely be asked to perform field sobriety tests. The three tests most commonly used by law enforcement in Wisconsin and nationwide to determine if you are operating your vehicle while intoxicated (OWI), in order of reliability are; the horizontal gaze nystagmus, the walk and turn, and the one leg stand. If administered properly, each test can help law enforcement determine if a driver is under the influence of alcohol or other drugs,.
The Horizontal Gaze Nystagmus (HGN)
An HGN test is the most accurate of all of the field sobriety tests, with a 77 percent accuracy rate in detecting high blood alcohol content (BAC). Nystagmus means involuntary jerking or bouncing of the eyeball, with pupils appearing to be pulled back towards the center of the eye. This can be caused by several things, most notably alcohol use. It can also happen as a result of certain drugs that depress the central nervous system. The higher the concentration of blood or alcohol in the blood, the more noticeable the nystagmus is.
SAFE Act: Are Heavier Trucks Coming to Wisconsin Roadways
September of 2015 brought a new bill for Congress to contemplate regarding trucks on United States highways. Wisconsin Representative Reid Ribble introduced a bill to allow larger, heavier trucks on American roadways, called the Safe, Flexible, and Efficient (SAFE) Trucking Act (the SAFE Act). The SAFE Act is allegedly drafted in a manner that will increase highway productivity and decrease the amount of trucks on the road. The bill was drafted in response to a study conducted by the Department of Transportation earlier this year. That study, titled “Comprehensive Truck Size and Weight Limits Study,” was done under federal law requiring such studies be completed under the Moving Ahead for Progress in the 21st Century Act.
Truck Accidents: Safety Advocates Appalled by Trucking Highway Concessions Made in New Highway Bill
Since 2009, the number of deaths and injuries related to semi-trucks have increased 17% and 28% , respectively. And, in the last six years, Congress has been left with few alternatives to remedy some of the major contributing factors behind everyday dangers on the highway. The solution was to forge a bill that, on one hand, might improve safety, but — according to safety advocates — will turn around and diminish it again by giving in to some potentially dangerous concessions sought by the trucking industry.
The Big Concern over Truck Safety
While they fulfill a vital role in our economy today, semi-trucks pose a serious danger to other drivers. Large, oversized, and frighteningly powerful, they have the ability to cause chaos in an accident. A large number of drivers that come into contact with them are fatally injured. The majority of those remaining are often seriously injured. Of course, not all accidents are actually caused by the semis —but when they are, victims are often slighted, not just in life, but also in compensation.
Determining Who Is at Fault for a Truck Accident
Truck accidents often cause catastrophic injuries. Just like with other kinds of motor vehicle accidents, human error is often to blame for truck accidents, but understanding all the causes of a truck accident can be complicated. There may be several different people in addition to the driver who are partially responsible for a truck accident.
Understanding the Causes of the Accident
Under Wisconsin law, if you are injured because of someone else’s negligence, you have a right to be compensated for your injuries. Before you will be able to collect any compensation, you will need to prove who was at fault for the accident.
Common causes of truck accidents include:
Could Samsung’s “Transparent Safety Truck” Improve Safety on the Road?
After months of experimentation, Samsung is officially releasing its transparent “safety truck” for safety and efficacy testing in Argentina. Designed to allow drivers to see what is in front of the commercial vehicle, it gives kind of a “see through” effect to help drivers determine if it is safe to pass around. But could this technology really improve safety on the road by reducing the frequency of truck-related accidents?
About the Technology
Revealed to the public in the summer of 2015, and demonstrated at the La Plata racetrack in Buenos Aires February 2016, the technology uses two front-facing cameras that emit a live-feed onto four large panels on the back of the truck to supply one large, constant display of what is in front of the truck. It is designed to be dust-proof and waterproof, and is meant to provide a crisp, clear image in both strong sunlight, and at night.
Following Motorcycle Laws in Wisconsin Help Keep Drivers Safe
Motorcycle drivers face special challenges when on the road. Without the use of safety restraints or a car’s structure to possibly protect them, their performance when driving is extra important. However, knowing the motorcycle laws of Wisconsin can help keep drivers safe.
The Wisconsin Department of Transportation (WDOT) has created a 51-page handbook for motorcycle owners with explanation of laws of the road and safety prevention information. The document contains several powerful statistics from 2012 that have affected motorcyclists and other drivers on the road. They include findings of:
- 2,398 injured motorcyclists;
- 136 non-motorcyclists injured in motorcycle-related accidents;
Motorcycle Accident Causes and Prevention
Although motorcycle accidents do not occur more frequently than automobile accidents, they are more likely than not to result in serious injury or even death. These results occur because motorcycles lack the same protection as automobiles, which leave riders more exposed than an automobile would. Motorcycles are also less visible than automobiles and they often have high performance capabilities, making the mistakes of novice riders more lethal.
According to the Wisconsin Department of Transportation in 2012, there were more than 2,600 motorcycle accidents resulting in more than 2,100 injuries and 107 deaths. The most frequent causes of motorcycle accidents are: failure to control; distracted driving; speeding; failure to obey traffic signs; failure to account for road conditions; and intoxicated driving.
