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Crime, law and justice, and police blotter near Kennan, WI or anywhere in the US.
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Can I get my OWI lessened to reckless driving?
The officer followed me for over a mile, from the outskirts of town, through town, and multiple corners, before pulling me over for crossing the center line on a road the doesn't have a painted, distinguished, line. Also, in our town, there is odd and even parking in the winter time. During that night the vehicles were to park on the side of the road in which I was driving, forcing me over, past the middle of the road. Also, there was snow earlier that week and the roads were covered enough that you couldn't see the blacktop. In this, the officer had also found a small amount of marijuana and a pipe, which he said he could not charge me with because he illegally searched my car. This is my first offence and since the event the county police officers have been driving past my work and home.
Under WI law, drunk driving charges can't be amended without a finding by the court that it is not against the public...
Can I recant my admission of operating a vehicle while intoxicated since I really wasn't behind the wheel?
I was with two friends, "A" and "B". We all rode together in B's car to a few bars in town. By the end of the night B had too much to drink, fell forward and gashed his head on the ground. Myself and A decided to drive him back home, and A drove. Once there I decided to call 911 to have a medical professional take a look at B's head. My friend A was worried about a possible OWI so I told him to say I drove because I felt fine, and I knew they were drinking long before I showed up that night. I blew a .09, was taken in to have my blood drawn for my BAC, and am now being charged with a 2nd OWI. My first was 2007 roughly. Both friends A and B were witness to me not driving the vehicle, so I may potentially have two witnesses to back me up if I were to recant my statement to law enforcement.
You can try, but will need to pick your poison: misdemeanor obstructing charges vs. the OWI 2nd, since lying to a law...
If my breath results were below twice the limit but my blood was over that limit. Can I plead for the lesser charge? And how?
I was pulled over and my breathalyzer results were over double the legal limit but under twice the legal limit. .139. I was arrested for a DUI and taken in for a blood draw which came back to be .168 which is double the legal limit. If I go to court I'm not planning to fight the charges but am wondering if there is some way to argue or plead the charges down where I would not have to install an interlock device. It's not so much the device but more the costs that I'd like to avoid. I'm just wondering if there is some legal argument I could present as my breathalyzer results were .21 below the level considered double the legal limit.
First, your math is off. Over double the legal limit means over twice the legal limit. The legal limit is .08. The...
Is this a valid argument in court? Is there an accepted legal range that breathalyzers may vary?
I was pulled over and charged with a DUI. I did not get any results my breathalyzer test when it was given I was simply told I was under arrest for a DUI. I was brought in for a blood draw and booked and released. My blood test results came back first and it registered at .168 which would put me at twice the limit. My police report indicates my breathalyzer registered at .139. I was pulled over directly in front of my house and had a drink or two immediately before I left to drive so I'm assuming my BAC was climbing during the stop. There was an hour or so difference between the breathalyzer and the blood draw. Since my breathalyzer results were .21 under the limit for twice the limit and I was no longer going to be driving yet my BAC was still climbing prior to the blood draw I'm wondering if I can argue for a DUI instead of double. It's a big difference in my state.
It is a little hard to make sense of this factually, but if the following is true, then no. If the .139 was a PBT...
Should we hire a second lawyer? Or at least a consult
My boyfriend was on probation for his 4th Dui and had would have been done in May. However he was arrested for his 5th on December 5th. He has already sat a year prior to 2 years probation. His sentence was probation with 3 year sentence withheld. Also they are saying it is his 6th when his previous conviction was for his 4th. His lawyer is telling him to accept a deal of 3 in and 5 out. We need a second opinion. Asap
Only you can decide whether you hire a different attorney to handle the case. It's unprofessional and unethical for...
Is there any chance of winning this case even though i was not driving?
I got a OWI inside a park car. I was very polite to the officer and he told me to step out of my car. i ask him what did i do wrong? No respond from him. Cuff me and took me to the station.
More information is needed to answer this question. Were you in the driver's seat or the passenger seat? Were you...
2nd and 8th amendment as applies to DUI (out of state offense).
I am confused on how everything that I am going through is legal. First off, I messed up and received a 1st offense DUI in Wisconsin. I was home on leave at the time. As a result of this DUI, I have fines, fees, and requirements in WI, as well as fines, fees, and requirements in my home state. Furthermore, since I am in the military, I will now be getting kicked out and losing my occupation of 14 years. When I was arrested, I had a valid WI license. The arresting officer informed me that since I am not a resident of the state any longer, I need to get a new license immediately upon returning home. So I did that. I was handling the fees, etc and now I found out that my home state driver's license is revoked because I had a new state Driver's license at the time of the conviction (not arrest). So, for a first time DUI (that most people learn from and serve a 6 month suspension), I now have my license permanently revoked (due to me being unable to meet both states requirements, and both states have placed holds, so I cannot clear one without the other), and I will be losing my livelihood, cars, houses, and my family and I will most likely be a homeless veterans family.
Unfortunately, I don't see how the Second or Eighth Amendments apply to your facts. You compounded the problems caused...
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