Barron Crime

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For what reasons is a collateral attack on a DUI granted?
As far as a collateral attack on a DUI in Wisconsin goes, is the absolute only way to have one granted by not having an attorney and not intelligently waiving that right? Is there any other argument to have that granted? My brother was suffering from mental health conditions and tried committing suicide. He plead guilty the day he was released. Now, he has a 4th offense in court. I am just curious if his mental state at that time, or anything else would determine the attack being granted. He had a public defender.
The grounds for a collateral attack depend on the facts of the case, the location of the court, the charges upon which...
I got a THC OWI from blood test results in Wisconsin. Can I win a not guilty plea?
I didn't get pulled over. i went in the ditch, got picked up and went to the bar for a few hours then got a ride home. Cops came to my house at 4 am and arrested me and drew my blood.
No attorney on this forum will be able to give you an accurate assessment of whether you have a defendable case....
I refused a blood test at hospital for suspected DUI, but they sedated me and still took one. Can they still use this in court?
I was in a car accident and they assumed i was drunk. the police took me to the hospital where i thought i was just going to get my lip stitched up. i told the doctors i do not want any IV's or needles stuck in me besides the one for the stitches. I am against them. The officer asked if he could do a blood test. i said no. The doctors restrained me down and put a drug in my arm that knocked me out. even though i made it clear i did not want to be sedated, or have anything stuck in my arms. they stitched my lip and i had three needles in my arm when i had awaken. At the jail, I did take a breathalyzer. I later come to find out they took a blood test and will be using it against me in court. Is this legal? How could they still do what they did after my requests at the hospital?
Good questions from someone who assumes we are not living in a police state! Wisconsin law is that they can do this....
Can I get my case dismissed?
I am revoked from driving privileges. I was driving to work every day one day in my way back home from work I got pulled over and I asked what for he said he had a report some one matching my discription was driving without a license. Gave me an operating while revoked
Not likely. If the officer had reasonable grounds to believe you were driving after revocation, he can stop you, and...
Can I drive in other states while on a restricted OWI license? I will be going through Minnesota, Iowa, Kansas.
I got an OWI (my 1st) in Wisconsin, I have a occupational/ administrator drivers license. My mom lives in Kansas and I need to go to her.
You have to tell us what the restrictions are in order to get answers. If it is for purposes of work only, driving to...
Only my 1st offense...NOT MY SECOND. Then mailed an afterthought unwitnessed citation. Is this legally ethical??
I recently got pulled over and arrested for a DUI. They are considering it my 2nd offense as I was once arrested but never tried or convicted of an "first" DUI. The cop who pulled me over said that someone called my car and plates in from a road that I was not even on (plus it was dark so I dont know how anyone would have been able to identify that unless they were on my rear the entire time). When I questioned him about this "call-in" he said, "oh, well you were talking on your phone too. He proceeded to breathalyze, field, and blood test me. A couple days later I receive a citation for "unsafe lane deviation". He never said HE saw me swerving rather the caller did. He also never told me that night he was citing me for that either. On top of all of that, I told him I was never convicted for a 1st offense, but he arrested me for 2nd offense anyways. Is here anything wrong with his conduct in this scenario that might give me a defense?
Get a lawyer, if the facts are as you state, this can be handled in a pretty straightforward fashion and relatively quickly.
Hello I have a question about OWI (3) and OWI (2) sentencing and could use some advice, thank you.
I got charged with OWI (3) and it got reduced to OWI (2) so I plead guilty to OWI (2). However in my firstly charged OWI (2) I was found guilty of Implied Consent but was found not guilty at trial. I lost my license for 2 years on the Implied Consent charge "first OWI (2)" so I had 2 years credit on this new charge. I also did an AODA assessment and multiple offender driving program on the Implied Consent charge. The DOT has not suspended my license because of this fact so I never lost my license on this new OWI (2) charge after I plead guilty but my probation officer says I still need to do an AODA assessment driver safety plan, and ignition interlock device, even though I already them on my Implied Consent charge. Why do I need to do all of this if I never lost my license on this charge?
The sentence is what the judge ordered. If the judge ordered an AODA assessment, you need to do one unless the other...