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Is it common to request blood test chain of custody proof before pleading
I would like verification that blood test results are truely mine but all you get is a piece of paper, no evidence of chain of custody, training records or equipment calibration and maintenance.
No, it is not very common. The chain of custody usually includes the law enforcement officer who personally observed...
Has anyone witnessed 346.65(2)(bm) used in sentencing of a 2nd offense OWI.
Trying hard to fulfill all the requirements of 346.65(2)(bm) prior to plea and sentencing but am not very optimistic that all the proactive effort will pay off. Does probabtion and treatment absolutely have to be court ordered or can I voluntarily seek treatment prior to sentencing. I feel as though I am currently on probation as I am already being penalized financially, being forced to be on SCRAM bracelet and report to WCS bi-weekly, etc... All factors are primarily mitigating except for BAC level. 346.65(2)(bm) indicates it can be used once in a lifetime. Funny, because I can only be charged with an OWI (2nd) once in a life time. It would seem that now is the only time that it can be leveraged. Hopefull !
Many counties do not routinely place people on probation for a second offense OWI. A person can certainly obtain an "...
Why is "*Blood test taken with refusal" listed on page 2 as a mitigating factor In 3rd District Sentencing Guidlines pdf.
http://www.addbalance.com/duiguidelines.htm, Waukesha County. THIRD JUDICIAL DISTRICT OAWI SENTENCING GUIDELINES FOR OFFENSES COMMITTED ON OR AFTER July 1, 2010 THIRD JUDICIAL DISTRICT 515 W. Moreland Blvd. Waukesha, WI 53188-2428 (262) 548-7210 HON. J. MAC DAVIS Chief Judge
You've linked us to Charles Kenyon's website. Atty. Kenyon is active on AVVO, so I'm sure he'll eventually answer your...
Is penalty for chemical test refusal concurrent or consecutive to OWI (2nd)
I never refused chemical test. In fact i asked for it.
How recently were you arrested for OWI? There is a very short time limit in which to file to contest a refusal. You...
When do I have to enter a final plea for OWI.
I have first court date (not intake) very soon. I have not seen all of the evidence against me yet nor have I been advised of the potential penalties. Will I have to enter a final plea at the upcoming court date. Its is labeled as "Hearing". Nothing else. Very confusing.
It depends. Sometimes you're able to resolve a first offense at the initial appearance. If this is a second or...
Should I have independent lab re test Blood for BAC?
Breathalyzer = 0.187. Blood test = 0.26. That seems like big statistical difference. How much does it cost to have State send blood samples to independent lab for testing?
You should address these concerns with your attorney.
What do you generally see from first DWI?
What are the most common results that you see from first offense DWI with a refusal? There is nothing else on my record and there were no damages or injuries.
Hopefully this link can help you out. http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/wisconsin.htm
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