Eau Claire Criminal Defense Blog

First-offense OWI and the diversion program option

Your recent drunk driving arrest was a first offense, so you are probably nervous and uncertain about what to expect. You may be getting advice from well-meaning friends who are suggesting you accept your penalty because a first-offense operating a vehicle while intoxicated in Wisconsin carries minimal fines and no jail time.

However, even a misdemeanor conviction remains on your record, and this can have detrimental effects on your future goals and opportunities. Additionally, with an OWI already on your record, if you happen to get pulled over for a second offense, you face much more serious consequences. With the help of an attorney, you may be able to avoid a first-offense conviction through negotiating for a diversion program.

Is a hate crime only due to racism?

Hate crimes are crimes that are born out of bigotry. These crimes are meant to intimidate or hurt someone because of his or her race, sexual orientation, disability, religion, ethnicity or national origin. Hate crimes are also known as bias crimes and can take place in many ways. Those who commit them may use explosives, vandalism and verbal or physical violence to intimidate, threaten or harm others.

Hate crimes often go unreported because those who are victims feel that they have nowhere to turn. They may believe that the community will not help them or that the local government doesn't care about their problems. This leads to those who commit hate crimes getting away with their actions, which weakens communities and encourages further violence and tension.

Below the limit? You could still face charges

You were driving home from an important office dinner when you saw flashing lights in your rearview mirror. You knew it was an officer trying to pull you over; you'd crossed the center line when you looked away from the road for a moment. You quickly corrected yourself, but it was clear even to you that you'd made an error that could make the officer question your ability to drive safely.

Pulling over, you spoke to the officer and gave him what he needed from you. Moments later, you found him asking you to get out of your vehicle for field sobriety tests. He thinks you're intoxicated. You take the field sobriety tests and then he asks you to take a Breathalyzer. The Breathalyzer finds that your blood alcohol concentration (BAC) is .06 percent; it's low enough not to lead to a OWI, but the officer is still arresting you for drinking and driving.

2 arrested following searches of their properties in Beloit

Drug trafficking is a very specific crime. To be accused and convicted, the prosecution has to show that you intended to sell or transport drugs to others. If you possess a large quantity of drugs when you're caught, you could be accused of drug trafficking or delivering drugs even if you did not intend to do so.

Take, for example, this case involving two men in Beloit. Two men in Beloit have been arrested for alleged drug charges, according to an April 4 report. The men are accused of dealing cocaine and heroin in the local area.

Rice Lake man faces DUI after heading wrong way on highway

When a driver enters the highway from the wrong direction, it puts him or her, along with anyone else on the roads, in danger. It's more likely that a head-on crash could take place, which could lead to serious injuries or deaths.

Usually, those who enter the highway incorrectly quickly attempt to correct their mistakes. Sometimes, due to inebriation, people may not know that they've done something wrong. That's allegedly what happened in this case.

Forging prescriptions is illegal in the United States

If you're accused of forging a prescription, understand that it's a serious charge. A prescription is not able to be written by someone without a medical degree, and only certain medical professionals have the right to do so. It takes much time, education and continuing accreditation to have the right to give you medications. Falsifying a prescription is a crime because it's fraud.

For a prescription to be legal and valid, it needs to have several things. It should have the date of issue, the name of the medication and its intended strength, the dosage of the pills, how many pills or how much of the medication is to be distributed, the directions for use and the total number of refills allowed. The authorized doctor must sign the prescription.

Marijuana laws are complicated: Know your rights ahead of time

Ask 1,000 people in Wisconsin how they feel about marijuana decriminalization and you're likely to get hundreds of different answers in return. You may also notice commonalities among your survey participants, however. For instance, some may tell you they think medical use of marijuana should always be legal. Others may hold more traditional opinions, adamantly stating that marijuana possession or use should always be punishable as a crime.

Your thoughts may fall somewhere in between, or you might be among many who think the government should make recreational use of marijuana fully legal. The issue is quite complicated because federal law continues to treat any and all possession or use of marijuana as illegal; however, many states have enacted laws that conflict with those statutes. If you use marijuana, grow it, sell it or buy it, you'll want to seek clarification of state laws ahead of time and know how to protect your rights if a problem arises.

Mental illness doesn't predispose individuals to violence

Gun violence is a dangerous thing. It takes lives, and it causes others to lose their freedoms. It's important to understand that violent crimes aren't always caused by the mentally ill. If and when they are, there's a real question as to how that should be handled.

Is it fair to treat someone with a real mental illness as if he or she is a monster or as if he or she intentionally hurt others? In moments when hallucinations or paranoia take over, those with true mental illnesses may not understand what they're doing.

Wisconsin politicians want to see more people go to prison

As someone accused of a crime, something you may worry about is ending up in prison. The prison population is growing too dense in Wisconsin, though, and that puts pressure on everyone, from those inside to those paying taxes to support them.

A March 2 report describes how other states have reduced their prison populations and even began shutting down prisons. Data has shown no downturn in public safety, either. Despite that, politicians in Wisconsin want to build a new prison with another 2,000 beds. It would cost $350 million.

BUIs can lead to fines, penalties and other serious punishments

When you think of a DUI, you probably imagine someone driving a car or truck while intoxicated. Interestingly, you can get a DUI even if you're on a boat. A boat is a motor vehicle by law, and that means that if you're intoxicated while boating, you're at risk of a DUI, also known as a BUI.

A BUI is treated similarly to a DUI and has the potential to cause you to lose your boating and driver's license. You could face fines and have your insurance rates increase.

Contact

Krische Law Office
21 S. Barstow Street, Suite 209
Eau Claire, WI 54701

Phone: 715-318-2737
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