Category: Drug Cases

The State of Wisconsin strictly prohibits driving under the influence of alcohol or drugs. This is evidently clear from the strict laws and penalties for DUI offenses in Wisconsin. The prohibition includes anyone who operates or drives a vehicle: With a prohibited BAC (Blood Alcohol Concentration) of 0.08 percent Under the influence of any substance…

What happens when a drug addict calls 911 on her abuser? Criminal defense attorney Ben Van Severen regularly answers questions for individuals seeking legal help on AVVO.com.  In a recent question, one individual wanted to know what would happen to her if she, a drug addict, called police after being abused by her partner. Will…

What’s the difference between possession, possession with intent to deliver, and manufacture/delivery of a controlled substance? Possession of a controlled substance is illegal in Wisconsin.  But what happens when you possess a lot of that substance?  What happens when you possess that substance, but it’s broken up into small bags?  Or you have a lot…

State v. Johnny K. Pinder: whether a warrant to attach a GPS device to a vehicle was void for failure to abide by statutory requirements On November 16, 2018 the Supreme Court of Wisconsin issued an interesting decision regarding GPS devices.  In State v. Johnny K. Pinder, 2018 WI 106, the Court confronted the issue of…

In mid-October, Milwaukee Police stepped up traffic enforcement targeting dangerous driver behavior.  The focus has been on speeding, reckless driving, and running red lights.  This heightened level of enforcement has resulted in a decrease in crime when compared with the same length of time prior to the enforcement beginning.  Some of the reductions include: A…

If you’re going out drinking to celebrate the New Year, be aware that officers will be out in full force looking for intoxicated drivers.  According to the Milwaukee Sheriff’s office, the OWI task force in Southeastern Wisconsin plans to triple their usual numbers for the holiday weekend.  Sheriff Schmidt said that the average blood alcohol…

A bill signed into law by Governor Scott Walker back in April is set to take effect as we ring in the New Year.  The new law affects the OWI penalties for repeat drunk drivers. OWI Penalties for 4th Offenses OWI penalties can be confusing, so let’s first look at what the current law is:…

Drug treatment court is a specialized program offered in many counties in Wisconsin.  This post will focus specifically on Milwaukee County, but many of the eligibility criteria are the same in neighboring counties. Purpose of Drug Treatment Court The mission statement of the drug treatment court program focuses on “enhancing public safety through the reduction…

There is a little known statute in Wisconsin that provides immunity from prosecution to drug users.  Known as a “Good Samaritan” law, the statute states that a person who summons emergency aid for an individual who has overdosed cannot be prosecuted for possession of a controlled substance or drug paraphernalia.  However, a recent court of appeals…