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…

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…

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…

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…

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…

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…

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…

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…

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…

DUI accidents with injuries vs. without injuries Importantly, there isn’t any difference in penalties for the individual facing an OWI charge, and the individual facing an OWI charge after an accident that didn’t cause any injuries.  When an injury or death occurs, the penalties increase. DUI accidents with injuries If the defendant has no prior…