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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

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Phone414-271-1440

Milwaukee, WI prenup attorneyBy Attorney Max Stephenson

Asking your partner to get a prenuptial agreement can make for an awkward conversation. Before you take this difficult step, it is a good idea to consider whether a prenup actually makes sense for your personal situation. Not every couple needs a prenuptial agreement, but there are situations where one can be beneficial. If a prenup will help to protect your financial interests and give one or both partners greater peace of mind, it may be worth the initial awkwardness.

What Can a Prenuptial Agreement Include?

What is commonly known as a prenuptial agreement is called a “marital property agreement” under Wisconsin law, and it is actually possible to create one either before or during your marriage. As the name suggests, the primary purpose of such an agreement is to clarify matters involving property and finances. Some of the things that a Wisconsin prenuptial agreement can address include:

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Milwaukee, WI drunk driving accident attorneyIn addition to being a criminal offense in Wisconsin, driving under the influence of alcohol is one of the clearest examples of negligence that can justify compensation in a civil personal injury lawsuit. Drunk driving can happen especially often during the holidays. If you or a loved one has been in a car accident with a drunk driver, your injuries may be severe, and an attorney can help you take the necessary steps to recover compensation for your losses.

What Makes Drunk Driving Dangerous?

According to the National Highway Traffic Safety Administration (NHTSA), alcohol impairs a driver’s physical and mental abilities in many ways, and the effects increase as more drinks are consumed. Among other things, alcohol affects:

  • Judgment
  • Alertness
  • Focus and concentration
  • Visual functions
  • Balance
  • Coordination and control
  • Reaction time
  • Memory and information processing

Clearly, getting behind the wheel while your mind and body are in this impaired state demonstrates a disregard for the safety of others on the road. When this breach of a driver’s duty of care causes a car accident and injuries resulting in economic and non-economic damages, the driver can be considered negligent, and therefore liable.

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Milwaukee OWI injury attorneyBy Attorney Cameron Weitzner

In Wisconsin, drunk driving injures 3,000 people and claims the lives of 150 people every year. It is no surprise that Wisconsin law treats operating while intoxicated (OWI) as a serious criminal offense, regardless of whether it results in any injuries. However, if you are arrested on charges of injury by intoxicated use of a vehicle, the penalties can be especially severe, and it is important that you have an attorney who can help you protect your rights.

Possible Charges for Causing Injury While OWI in Wisconsin

Wisconsin courts typically show leniency to those who are convicted of OWI for the first time, with offenders often facing a relatively small fine and a shorter driver’s license revocation period, and avoiding jail time entirely. However, a first offender who causes even a minor injury to another person is much less likely to be granted this leniency. In these cases, possible penalties include fines between $300 and $2,000, jail time of 30 days to one year, and a revoked license for at least a year beyond the end of the imprisonment sentence. There is a steep increase in penalties for someone who causes injury while OWI with any previous OWI conviction on their record. This is considered a Class H felony, with fines up to $10,000 and imprisonment of up to six years.

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Waukesha County family law firmMilwaukee, WI divorce attorney for child custody modificationBy Attorney Max Stephenson and Family Law Paralegal Courtney Hess

When you are getting a divorce, arriving at an agreement on the legal custody and physical placement of your children can be a challenging process as you try to prioritize your children’s best interests while balancing the needs of both parents. It is not uncommon for this process to continue even after the issuance of your child custody order, as the needs of everyone involved may change in the years following your divorce. If you find that the original order is no longer feasible or desirable, it may be time to pursue a modification.

When Can Custody and/or Placement Be Legally Modified?

In most cases, a Wisconsin child custody/placement order cannot be modified for the first two years after it is issued. However, you may be able to make the case for an early modification if you can demonstrate that circumstances have changed such that the current order is dangerous or harmful to your children. This could be the case if information comes to light regarding the other parent’s abusive behavior, or the behavior of a new romantic partner introduced to the children. The court may also consider a modification to physical placement within two years if it does not substantially change the time that either parent spends with the children.

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Milwaukee car accident attorney for distracted drivingDistracted driving is a major issue throughout the United States, contributing to more than 400,000 injuries and almost 3,000 deaths each year, according to the National Highway Traffic Safety Administration. In Wisconsin alone, distracted driving is a factor in over 24,000 annual car accidents, accounting for roughly 20 percent of all crashes. If you are injured by a distracted driver, understanding some of the common causes of distracted driving may help you make the case for the driver’s negligence.

What Behaviors Lead to Distracted Driving?

A variety of different behaviors can occupy a driver’s eyes, hands, or mental processes in a way that prevents them from fully attending to the task of driving and increases the risk of an accident. Some of the most common issues include:

  1. Using a cell phone. Phones and other mobile devices are perhaps the most well-known cause of distracted driving. Texting while driving is illegal in Wisconsin, but any form of handheld cell phone use can also be dangerous.
  2. Adjusting vehicle controls. Attending to the radio, GPS system, air and temperature controls, or any number of other features included in newer vehicles can remove a driver’s focus from the road for enough time to cause an accident.
  3. Interacting with passengers. Talking to a passenger or checking on a child in the back seat may also affect a driver’s ability to attend to the road. This can be a significant issue for younger drivers and their peer passengers or for parents driving with children.
  4. Eating or performing other handheld tasks. Eating, drinking, personal grooming, and reaching for objects in the vehicle can occupy a driver’s hands in a way that may prevent them from driving to the best of their ability, and these behaviors can sometimes take a driver’s eyes off of the road as well.
  5. Looking at objects outside the vehicle. “Rubbernecking” at the scene of an accident, admiring an animal or roadside attraction, or otherwise paying too much attention to external objects can negatively impact a driver’s attentiveness to traffic, pedestrians, or obstacles in the road.

Personal Injury Claims Involving Distracted Drivers

Drivers who succumb to distractions can be considered negligent if the distraction causes an accident that results in injuries to another person. This means that if you are injured, you have the ability to pursue compensation from the distracted driver. Your attorney can help you collect evidence and witness testimony that may demonstrate the driver’s distraction and strengthen your case for receiving compensation for your injuries.

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Milwaukee criminal defense law firmMilwaukee, WI criminal defense attorney for protecting your rightsBy Attorney Cameron Weitzner and Paralegal Rachel Sweet

Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.

Fourth Amendment Protections from Unreasonable Search and Seizure

The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.

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Milwaukee divorce attorney for holiday child custodyBy Attorney Max Stephenson

Sharing physical custody of your children after a divorce can be a challenge throughout the year, but it is often especially difficult during the winter holidays. This year may be more difficult than ever as you balance your desire to spend time with family with the need to stay safe during the COVID-19 pandemic. In this year and others, it is important that you and your children’s other parent have a plan to co-parent effectively during the holiday season.

Suggestions for Holiday Co-Parenting

If you consider the following suggestions, you may be able to take some stress out of co-parenting both during this holiday season and in years to come:

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Milwaukee, WI drunk driving defense attorneyBy Attorney Cameron Weitzner

In Wisconsin, a law enforcement officer can pull you over if they have reasonable suspicion that you are operating your vehicle while intoxicated (OWI). This can be a stressful situation whether or not you have been drinking, and it is important that you know how to approach it to avoid possibly making things worse. An unintentional mistake could lead to additional legal consequences or make it more difficult for you to contest the charges against you in a criminal proceeding.

What to Do When an Officer Pulls You Over

If you see that an officer is trying to pull you over, here are some suggestions for how to handle the situation:

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Waukesha County family law firmMilwaukee child support lawyerBy Attorney Max Stephenson and Family Law Paralegal Courtney Hess

As a parent, it is important for you to know that your children will continue to have a good life after your divorce. In part, this means making sure they will have the financial support that they need from both parents. Wisconsin law ensures that this is the case by including a child support order in any divorce involving minor children. Even so, it is reasonable to have questions and concerns about how the support order can affect you and your children. Understanding how child support payments are calculated can help to alleviate some of these concerns.

Child Custody and Support Calculations

The way child support is calculated in Wisconsin depends in part on the placement arrangement determined in the divorce resolution. If one parent is awarded primary placement  (meaning the other parent has less than 92 overnights per year), the other parent will usually be obligated to pay child support based on a percentage of his or her gross income, depending on the number of children for whom support will be paid. For example, the parent who does not have primary placement can be ordered to pay 17 percent of his or her gross income for one child, 25 percent for two children, and up to 34 percent for five children or more.

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Milwaukee, WI truck accident lawyer trucking company liabilityBy Attorney Chris Strohbehn

Accidents involving large trucks claim the lives of nearly 70 Wisconsinites each year and leave more than 2,000 injured, many of whom are the occupants of other vehicles. The dangers of truck accidents are clear, due to the large size of the vehicles and their heavy cargo. What is not always so clear is who is at fault. If you have been injured in a collision with a semi-trailer truck, you may assume that the truck driver is your only option for pursuing compensation, but in many cases, the trucking company that employs the driver may also be liable.

Trucking Company Negligence in Wisconsin Crashes

Usually, when a trucking company is at fault for an accident, it is because it failed to take the necessary measures to ensure the truck’s safe operation. Often, this means that a company violated regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Some of the most common violations include:

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