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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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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What is a restraining order, and how do you avoid violating one?

How does a restraining order work? To obtain a restraining order, the plaintiff must go into court and file a petition.  That petition states the grounds the plaintiff believes support the restraining order.  Upon filing the petition, frequently the plaintiff meets with a court commissioner.  That commissioner reviews the allegations in the petition and determines…

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