Category: Drug Cases

New OWI Penalties Begin January 1

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:…

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Drug Treatment Court in Milwaukee

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…

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Immunity from Drug Prosecution

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…

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IID Laws in Wisconsin

If you’ve been pulled over for an OWI offense in Wisconsin, you may be required to install an IID, or ignition interlock device, on your vehicle.  This post explores the law, how it applies to you, and how you can get an exemption. The IID Law There are three scenarios where a person convicted of…

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Illegal Stop OK with Valid Arrest Warrant

In a decision that affects criminal defendants throughout the country, the United States Supreme Court has ruled that an illegal stop of a person becomes acceptable if an officer discovers the driver has an outstanding warrant.  The Court further ruled that any illegal contraband discovered as a result of the arrest on the warrant is admissible…

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Possession – Not as Simple as You’d Think

There are dozens of crimes involving possession of something prohibited by law.  Controlled substances and weapons are the most common items where possession is regulated.  Possession seems pretty straightforward, but in fact, it’s quite the opposite.  This post will examine the different ways to possess an item and legal defenses to possession. Possession – What…

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K-9 search at a traffic stop

If you face criminal charges contact Van Severen Law Office immediately.  Criminal justice actors throughout Wisconsin recognize our defense attorneys as among the best in the state.  Whether you’re charged with a drunk driving offense, a drug offense, or any other kind of crime, contact us at (414) 270-0202. Reasonable suspicion and extending the stop…

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Why did the police pull me over?

Why’d the police stop you?  This is an important question that could lead to multiple motions in your case. Why did the cops pull you over?  A criminal defense attorney should always ask you this question at your initial consultation.  Whether you’re facing a drug case, a drunk driving case, or any other case that…

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Standardized field sobriety tests – What are they?

Horizontal gaze nystagmus The HGN test is the most accurate of the three tests.  The test has a 77% accuracy rate in detecting when blood alcohol levels are above .10%.  Nystagmus itself is involuntary jerking or bouncing of the eyeball.  The jerking or bouncing makes it appear that the pupil is being pulled back towards…

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