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Author: Matthew Meyer

Matthew Meyer is a criminal defense attorney based in Milwaukee, WI. Together with Benjamin Van Severen, Attorney Meyer operates Meyer Van Severen, S.C., a law firm dedicated to defending individuals accused of violating the law.

Can I request an alternative to a blood draw after an OWI stop?

What happens when I violate implied consent laws? If the driver refuses an evidentiary blood, breath, or urine test, certain administrative penalties apply.  If prosecutors prove the refusal (or if the challenge timeframe passes) the Department of Motor Vehicles revokes the driver’s license for 12 months.  Additional requirements include an ignition interlock device, a substance…


Certain refusals can’t count as penalty enhancers

Implied consent – what is it? Section 343.305(2) of the Wisconsin Statutes indicates that: Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon a public highway … is deemed to have given consent to one or more tests of his or her…


Going “armed while intoxicated” not protected by Second Amendment

State v. Mitchell L. Christen – SCOW considers going armed while intoxicated and the Second Amendment Defendant Christen, his roommates, and his roommates friends were drinking alcohol on February 2, 2018.  At one point a confrontation occurred and Christen armed himself.  Testimony about where Christen pointed the firearm differed, but everyone agreed that he possessed…


4th Offense OWI – Do I lose my license forever?

The law – section 343.31(1m)(b) of the Wisconsin Statutes Section 343.31(am)(b) of the Wisconsin Statutes states: Upon receiving a [homicide by intoxicated use of a vehicle or firearm] or [injury by intoxicated use of a vehicle conviction, or] conviction, suspension, or revocation counted under s. 343.307 (1) that together with other records of the department show that the…


Is hitting your child a crime?

So, what is the parental privilege? Off the bat, one thing is clear: the parental privilege doesn’t apply to cases involving intent to cause great bodily harm or death, or which create a risk of either.  This eliminates the privilege in cases involving charges like homicide. The jury first determines whether the amount of force…


Can you get an OWI on a bike?

The statutory definition of operating while intoxicated Wisconsin Statute section 346.63(1)(a) prohibits operating while intoxicated: No person may drive or operate a motor vehicle while: Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence…


Are switchblades legal?

What is a switchblade? A switchblade is a type of knife with a folding or sliding blade contained in the handle.  The operator of the weapon deploys the blade when he pushes a button or slide.  People frequently refer to switchblades as automatic knives.  Along with the push of the button, the blade moves out…


What is horizontal gaze nystagmus?

How do law enforcement personnel administer the horizontal gaze nystagmus test? The NHTSA requires that the law enforcement administer the HGN test in a specific manner.  They break the test down into nine parts: Firstly, check for eyeglasses.  The officer instructs a drive who wears glasses to remove them.  Sometimes law enforcement will even ask…


What is the difference between assault and battery?

Third degree sexual assault Third degree sexual assault is a felony charge in Wisconsin.  It’s one step more serious than fourth degree, but certainly includes some concerning behavior.  Additionally, the charge is a Class G felony.  That means it’s punishable by up to 10 years in prison, $25,000.00 in fines, or both. Section 940.225(3) of…


Felony and misdemeanor probation: what to expect

What is felony probation? Let’s start with an easy definition: probation.  Probation is supervision.  It allows for the defendant to live at home and continue a relatively normal existence.  The defendant can continue working and remains out of jail (unless a condition of probation is some jail, which we’ll discuss later).  The court orders the…

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