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Recent Blog Posts
How Do Penalties Change for Repeat OWI Offenses?
Operating while intoxicated (OWI) is a serious criminal offense, regardless of whether you have a prior history of convictions. Consequences of an OWI conviction include fines, driver’s license revocation, and a lasting criminal record, even for first-time offenders. However, the consequences can become much more severe if you are facing OWI charges a second, third, or subsequent time. If you are arrested for OWI with a previous conviction on your record, it is crucial that you hire an attorney who can help you avoid the full extent of the penalties you may face.
Second OWI Offense Penalties Depend on the Timeframe
In Wisconsin, if your second alleged OWI offense comes more than 10 years after your first conviction, the potential penalties will likely be the same as if you had no prior conviction. Namely, you may face a fine of up to $300, a $435 OWI surcharge, and revocation of your driver’s license for up to nine months, but you are unlikely to be sentenced to any period of confinement or imprisonment. However, if the second offense comes within 10 years of the first, the possible penalties become more substantial. Fines can increase to up to $1,100, the license revocation period can increase to up to 18 months, and the sentence can include up to six months in prison.
What Is a Reservation of Rights Letter?
If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business?
Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the file or further investigation that it may not cover some or all the claims against you or your business in a lawsuit.
For example, if you are involved in negligent conduct that may expose you to a punitive damage claim, you may receive a reservation of rights letter from the insurance company. You may find it beneficial to consult with an attorney who is experienced in the interplay of potentially covered liability claims and individual claims not covered by any policy.
How Can I Receive Compensation After a Wisconsin Hit-and-Run Accident?
Recovering fair compensation for car accident injuries is often challenging, as negligent drivers may attempt to deny their fault, and insurance companies may seek to keep payouts to a minimum. Hit-and-run accidents add another layer to these challenges, making it difficult to know whom you can even file a claim against. However, with the help of a personal injury attorney, you can better understand your options and determine the course of action that is most likely to lead to a favorable result.
Identify the At-Fault Driver
One option for recovering compensation after a hit-and-run accident is to work with law enforcement and your attorney to investigate, identify, and locate the driver who fled the scene. You should be sure to call the police as soon as possible after the crash and give them any information you can that may help them find the driver, including a description of the vehicle or the driver’s appearance, the direction in which you saw them leave, and anything you can remember of a license plate number. Your attorney can also help you collect statements from witnesses and determine whether the driver may have been caught on camera.
How Can I Enforce a Wisconsin Child Custody Order?
By When a couple with children chooses to get a divorce in Wisconsin, one of the most important issues that must be resolved is the children’s custody and physical placement. Physical placement decisions are often complicated and emotionally charged, and they require the consideration of many different factors, including the children’s needs and best interests, the wishes of the children and parents, and the effects on relationships between parents and children.
Extensive discussions or a contested battle in court are sometimes needed to reach a decision on these matters, and once a child custody order has been issued, it can be incredibly frustrating and distressing when your former spouse fails to follow its terms. You should know that if you find yourself in such a situation, you can take legal action to enforce the order and ensure that you have the time with your children to which you are entitled.
Can I Take Legal Action Against My Loved One’s Estate Personal Representative?
If you have recently lost a loved one and expect to inherit from his or her estate, you will most likely be impacted by the process of probate, during which the estate is settled and assets are distributed to the deceased’s heirs and beneficiaries. One of the most important figures during the probate process is the estate personal representative or executor. Many estate representatives are motivated to perform their duties to the best of their abilities, but some are not so capable. If you believe that your loved one’s estate representative is not suited for his or her role, you may be able to take legal action to have that person removed and replaced.
What Are the Duties of a Personal Representative in Wisconsin?
Typically, a personal representative is named in the deceased’s will or appointed by the probate court according to state law. An estate representative has significant authority to manage a person’s property after his or her death, along with important responsibilities to settle any claims against the estate by creditors and to distribute the remaining assets to the appropriate heirs according to the decedent’s will or intestate succession laws. The personal representative is also responsible for keeping interested parties informed throughout the probate process.
When Can a Drug Charge Go Beyond Possession in Wisconsin?
A large portion of drug-related arrests and convictions in Wisconsin involve the crime of drug possession. The penalties for a first offense of possession of a controlled substance are relatively minor, typically including a fine between $1,000 and $5,000 and jail time of six months to one year, depending on the type of drug. However, under certain circumstances, an arrest for drug possession could result in more serious consequences, particularly if there is evidence of possessing the drug for something other than one’s personal use. When you are facing felony drug charges, an attorney can help you protect your rights.
What Qualifies as Possession With Intent to Distribute or Manufacture?
Unlike simple possession, the crime of possession with intent to manufacture, distribute, or deliver a controlled substance is always considered at least a Class I felony in Wisconsin, meaning that a conviction can result in a sentence of up to 42 months in prison and a fine of up to $10,000. However, the penalties can greatly increase in severity based on the schedule or type of substance and the amount possessed. The most serious crimes of this nature, involving large amounts of heroin, cocaine, or methamphetamine, are charged as Class C felonies with fines up to $100,000 and up to 40 years of imprisonment.
Recovering Compensation for a Rear-End Crash Involving Tailgating
Tailgating, or following another vehicle at an unsafe distance, has been an unfortunately common occurrence on the road for decades. Whether it is due to a driver’s inexperience, carelessness, or aggressive behavior, the results can be dangerous, especially when it is coupled with other risky actions. If you have been injured in a car accident involving tailgating, an attorney can help you recover full compensation for your injuries and damages.
The Dangers of Following Too Closely
Perhaps the most obvious risk of following another vehicle too closely is the potential for causing a rear-end collision. Cars traveling at high speeds can take several seconds and hundreds of feet to come to a complete stop even in ideal conditions, and tailgating reduces the time that a driver has to stop before a collision becomes likely. Following too closely becomes even more dangerous when combined with certain other factors, including:
Addressing Breaches of Contract in a Real Estate Purchase Agreement
When homebuyers and sellers sign a real estate purchase agreement, they enter into a legally binding contract, the terms of which both parties are expected to uphold. Many real estate transactions are completed without issue, but if you find yourself in a situation in which the other party has failed to follow through on the agreement, you may be able to pursue remedies through a lawsuit for breach of contract with the assistance of a real estate litigation attorney.
Examples of Breaches of Real Estate Purchase Contracts
Typically, the most important provisions of a real estate purchase agreement are the agreed-upon purchase price for the home and the closing date, or the date on which the transaction will be finalized. If the seller fails to complete the sale or the buyer fails to complete the purchase by the agreed-upon closing date, they may be in breach of contract. A breach of contract can also be related to other terms of the contract, such as the seller’s agreement to include certain items in the sale or provide a clear property title to the buyer.
Challenges When Dividing the Marital Home in a Wisconsin Divorce
By When a couple decides to get a divorce in Wisconsin, they will need to prepare to divide all of their marital property. For many couples, the marital home is both the most valuable and the most difficult asset to divide. As you face the challenge of dividing your home, you should be aware of your options under Wisconsin law and the potential implications of your decisions.
Concerns About Marital Home Division
In a Wisconsin divorce, all of the following can have significant implications on how a couple’s home is divided:
- Classification of marital and non-marital property. In Wisconsin, assets acquired before and during the marriage are typically considered to belong to the marital estate, and this often applies to the home in which the couple lives. However, if the home was owned by one of the spouses prior to the marriage, it could be considered non-marital property, meaning that it could be excluded from property division.
New Patient Consultation Rules for Licensed Pharmacists in Wisconsin
By As of January 1, 2021, Wisconsin’s Pharmacy Examining Board has put new rules into effect regarding patient consultations for pharmacies and pharmacists throughout the state. It is important for licensed pharmacists to take note of these new requirements and be sure to uphold them, as failing to do so can result in disciplinary action regarding a pharmacist’s professional license.
When Are Patient Consultations Required?
The intended purpose of the new regulations for patient consultations is to better ensure that a person who is prescribed a drug or device understands how to use it properly. As such, a consultation is now required when patients are prescribed a drug or device that they have not previously used or that constitutes a change in the patient’s treatment or therapy. Pharmacists must also provide a consultation in any case when it is requested by the patient, and they may choose to provide a consultation when they believe, in their own professional judgment, that it is necessary to do so. However, a patient can refuse a consultation, in which case it is no longer required.
