Author: Benjamin Van Severen

Felons in Wisconsin will have a difficult, if not impossible, time deer hunting for the rest of their lives. Deer hunting in Wisconsin is a tradition that many of us have known our entire lives.  As we approach the holiday season, hordes of Wisconsinites migrate north to hunt the state’s native white-tailed deer.  Different timelines…

What is police misconduct? Police misconduct refers to illegal or inappropriate actions taken by law enforcement personnel.  What counts as police misconduct varies broadly, but usually in order to qualify, the bad cop must be acting “under color of law,” a phrase that means the officer was acting using the power given to him by…

Section 167.10 of the Wisconsin Statutes: Regulation of fireworks Section 167.10(1) of the Wisconsin Statutes begins and provides us with an important definition: … In this section, “fireworks” means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use … But that definition goes on to exclude…

Wondering what kind of trouble you can get into for possession of fake IDs in Wisconsin?  Van Severen Law Office, S.C. explains. Whether or not the law appreciates it, thousands of underage individuals throughout Wisconsin regularly engage in drinking alcohol.  Some of those individuals find adults to purchase their beverages.  Others sneak into bars or…

Increased penalties, local ordinances, and state criminal laws seek to fix a problem that’s getting worse with time: In 2022, Milwaukee Police Officers issued 496 reckless driving citations, a 32% increase from 2021.  During the same time period, there were 88 motor vehicle deaths, with 32 of those involving pedestrians.  Compare this to nearly a…

Out of state wet reckless offenses count as prior drunk driving convictions when calculating OWI penalties in Wisconsin. In Wisconsin, a first-offense drunk driving charge is non-criminal and does not carry the possibility of incarceration.  This is not the case in the vast majority of other states, where a first offense is typically a criminal…

The Fourth Amendment to the United States Constitution allows you to refuse police searches of your vehicle. The Fourth Amendment to the United States Constitution provides individuals many protections against various forms of intrusive police conduct.  The language of the Fourth Amendment is: The right of the people to be secure in their persons, houses,…

Mandatory minimum penalties apply in all Wisconsin drunk driving cases.  Prior to February 2023, defense attorneys, prosecutors, and trial courts had a difficult time deciding what mandatory minimum penalties applied to 5th and 6th offense OWIs.  Those specific OWI offenses carry a presumptive minimum penalty of 1.5 years initial confinement in prison, but allow courts…

2023 OWI 1st charges in Wisconsin: The first time many individuals are ever arrested is for a first-offense operating while intoxicated.  In Wisconsin, a first OWI isn’t a criminal charge (it is not a misdemeanor or felony).  Penalties include fines ranging between $150.00 and $300.00, a driver license revocation of 6-9 months, and an interlock ignition…

What is the law for OWI while snowmobiling? Section 346.63(1)(a) of the Wisconsin Statutes governs operating a motor vehicle while under the influence of an intoxicant.  The law says: 346.63  Operating under influence of intoxicant or other drug. (1)  No person may drive or operate a motor vehicle while: (a) Under the influence of an intoxicant, a…