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Gov. Evers Declares New Public Health Emergency Due to Sharp Increase in 18-24 Year-Olds With COVID Infections

 Posted on September 22, 2020 in Wisconsin Government Regulations Lawyers

Due to a sharp increase in the number of COVID-19 cases in Wisconsin, Governor Tony Evers has declared a new public health emergency in addition to the previous emergency declaration made on July 30. This surge in cases has mostly affected people between the ages of 18 and 24, including those on college campuses and who have attended social gatherings. To address these concerns Gov. Evers also issued an executive order requiring Wisconsin residents who are five years old or more to wear masks or other face coverings whenever they are indoors or in enclosed spaces with people other than those in their household or family. Here is Gov. Evers' press release:

increase in COVID-19 cases in Wisconsin

Gov. Evers Declares New Public Health Emergency Due to Campus Outbreaks, Issues New Face Coverings Order

MADISON — Gov. Tony Evers today declared a new public health emergency in Wisconsin due to recent surge in cases among young people and issued a new face coverings order effective immediately. Executive Order #90 is available here. Emergency Order #1 is available here. Both orders are effective immediately and will expire after sixty days or with a subsequent superseding order. The governor previously declared a public health emergency under Executive Order #82, which remains in effect.

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How Can I Determine Who Is at Fault for a Wisconsin Car Accident?

 Posted on September 18, 2020 in Car Accidents

If you are injured in an accident, you may understandably be preoccupied with your pain and the need for medical attention in the immediate aftermath. However, when you see the medical bills for your necessary treatment, your concern may quickly shift to your ability to pay. At this point, it is important to identify who was at fault for the accident to determine whether it is possible to pursue a personal injury claim or lawsuit that can get you the compensation you need to cover your expenses.

When Is a Driver Liable for an Accident in Wisconsin?

Accident liability is determined by a driver’s negligence. In order to obtain compensation through a lawsuit, you will likely need to demonstrate that another driver in the accident acted carelessly or dangerously, violating his or her duty of care to you and causing the accident that led to your injuries.

In Wisconsin, some of the most dangerous and deadly forms of negligence are speeding and drunk driving, both of which cause over 160 fatalities and thousands of injuries each year. If you are able to gather evidence of these behaviors in the form of witness testimony, camera footage, crash reports, and blood alcohol test results, this may increase your chances of receiving full compensation.

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How Do Wisconsin’s Self-Defense Laws Apply to Deadly Force?

 Posted on September 16, 2020 in Criminal Defense

Milwaukee criminal lawyer for self defenseBy Attorney Nicole Masnica

Recent events in Kenosha have raised questions about Wisconsin’s laws regarding the use of a firearm in self-defense. While we make no judgments regarding any ongoing cases, it is important for all Wisconsin residents to understand their rights to self-defense according to state law, especially if they find themselves under attack or facing criminal charges. Cases involving self-defense can be complicated, and if you are facing charges, your best option to avoid a conviction is to hire an experienced criminal defense attorney who can develop a strategy based on a thorough understanding of the law.

When Is Self-Defense Legally Justified in Wisconsin?

Wisconsin law allows you to threaten or use force against another person when you reasonably believe that they intend to do you harm or illegally interfere with your person. However, you are authorized to use only the force necessary to prevent the harm or interference from occurring. This means that you may only use deadly force in self-defense if you reasonably believe that it is necessary to prevent someone from killing or doing great bodily harm to you. You are also permitted to use force to defend a third party if your intervention is necessary to protect him or her from harm.

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Tips For Preventing Boating Accident Injuries in Wisconsin

 Posted on September 04, 2020 in Boating Accidents

Summer in Wisconsin is a popular time for boating on Lake Michigan, the many lakes in Waukesha County, and other bodies of water in the area, especially during a year when many people are turning to outdoor activities. Just remember that when you go out on the water, there are things that you, your family, and your friends can do to stay safe and avoid being injured in a boating accident or causing one yourself.

How to Stay Safe While Boating in Wisconsin

Boating safely is not difficult as long as you follow a few basic guidelines. Some of the best ways to promote and ensure safety while on the water include:

  • Wear a life jacket. Most fatalities in boating accidents are due to drowning, and even if you are an experienced swimmer, you could find yourself incapacitated to the point where you are unable to stay afloat on your own. Make sure you always wear a life jacket while boating and that you have enough life preservers on board for all passengers.

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When Can First-Time OWI Offenders Face Additional Penalties?

 Posted on September 03, 2020 in DUI / OWI

Milwaukee, WI criminal defense lawyer for first time OWI chargesIn Wisconsin, drunk driving is a factor in almost 3,000 injuries and 170 fatalities each year, and operating while intoxicated (OWI) is a criminal offense that can often result in serious consequences. If you are arrested under suspicion of driving while impaired by drugs or alcohol and have no prior record, you may be fortunate to avoid some of the more severe criminal penalties that apply for repeat offenders. Under certain circumstances, however, you may face the possibility of a criminal conviction, which can result in jail time, probation, and substantial fines that well exceed those typically associated with a first-time drunk driving offense.

Aggravating Factors in a First-Time OWI Arrest

In most cases, a first conviction for an OWI offense in Wisconsin results in a fine between $150 and $300, plus costs, and the revocation of the offender’s driver’s license for six to nine months. However, several additional factors can result in greater penalties, including:

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When Health Care Workers Are Arrested: Health and Criminal Issues

 Posted on August 31, 2020 in Professional Licensing Defense

Milwaukee healthcare law attorneyBy Attorney Kristen Nelson

It is a situation that can happen: a licensed health care professional is arrested for a first-offense operating while intoxicated (OWI), and they immediately hire a criminal defense attorney.

A first-offense OWI is not a criminal offense in Wisconsin, but rather a traffic violation. Depending on the county, the case may not even show up in CCAP (the Wisconsin Circuit Court Access Program).

The health care professional wants to resolve the case quickly, so they stipulate to a guilty plea. The client may not even have to show up to court, because this can all be done electronically or via fax – an ideal resolution for a busy health care professional.

And since the case is not on CCAP, their employer and the Department of Safety and Professional Services (DSPS) never needs to know about this little misstep, right?

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How Can Unmarried Fathers Establish Paternity in Wisconsin?

 Posted on August 31, 2020 in Family Law

Establishing legal paternity is often a goal for unmarried mothers who want to ensure that their child’s father contributes to the child’s financial needs and well-being, but it can be just as important for unmarried fathers who want to secure the rights to be a part of their child’s life. If you are an unmarried father seeking legal paternity, a family law attorney can guide you through the process.

What Are the Benefits of Establishing Paternity?

Establishing legal paternity is often crucial for children because it allows them to receive support from both parents in the form of child support payments, health insurance coverage, access to family medical history, Social Security benefits, inheritances, and more. For fathers, legal paternity means they can pursue custody and visitation, contribute to parenting plan agreements, and be notified if a child’s mother wishes to place him or her for adoption.

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What Are the Consequences for Underage DUI in Wisconsin?

 Posted on August 28, 2020 in DUI / OWI

Milwaukee, WI underage DUI defense attorneyAccording to the Center for Disease Control, alcohol contributes to the deaths of over 4,000 people below the age of 21 every year, with more than 1,500 of those involving car accidents. To promote the safety of young people, Wisconsin law specifies the consequences for a variety of underage drinking offenses, including driving and drinking. If you have been arrested for underage DUI, you need an attorney who can help you understand your rights and ensure that you are treated fairly.

Penalties Under Wisconsin’s “Not a Drop” Law

Underage drivers are subject to more stringent restrictions than drivers over the age of 21 because of Wisconsin’s absolute sobriety, or “Not a Drop,” policy. If you are underage, you may be arrested if you are found to have a blood alcohol concentration (BAC) of 0.00 to 0.08, a range that is within the legal limit for drivers of a legal drinking age.

Certain circumstances have the potential to increase your penalties. For example, if you are arrested under the absolute sobriety law when another person under the age of 16 is in your car, your license can be suspended for up to six months. If you refuse a BAC test, or if your BAC is above 0.08, you may face similar penalties to adult drivers. If you injure or kill another person while driving under the influence, you can face the more serious penalties for injury by intoxicated use of a vehicle.

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What Should I Do After a Truck Accident Caused by Loose Cargo?

 Posted on August 27, 2020 in Truck Accidents

According to the Wisconsin Department of Transportation, large trucks are involved in more than 7,000 accidents, 2,000 injuries, and 70 fatalities throughout the state each year. Semi-truck accidents are particularly dangerous because of the size and weight of the vehicles, and in most cases, the occupants of other vehicles bear the brunt of the impact. These accidents happen for a variety of reasons, but one that can be challenging for an injured person to deal with is loose or unsecured cargo. If you have been injured in a truck accident, an attorney can help you determine who was responsible and seek compensation.

How Unsecured Cargo Can Cause an Accident

In order for a truck driver to safely operate their vehicle, the weight of the cargo must be properly distributed across all axles. If the cargo has been improperly loaded, or if it shifts in transit because it was not fully secured, the driver may lose traction or control and collide with other vehicles. In some cases, the movement of heavy cargo can even cause the truck to topple and cause a rollover accident. In others, loose cargo can fall off the truck entirely and into the roadway, landing on other vehicles or in their paths, giving drivers no time to avoid it.

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New Lawsuit Seeking to Overturn Mask Order Is Totally Misguided

 Posted on August 26, 2020 in Wisconsin Government Regulations Lawyers

Milwaukee WI criminal defense lawyerBy Attorney Ray Dall’Osto

Wisconsin once again is facing a misguided attempt to stop practical and essential public health measures and overturn orders issued by Governor Evers and his administration to help Wisconsin get through the unprecedented COVID-19 pandemic. Unfortunately, our state supreme court (unlike courts in almost every other state) did just that by a 4-3 majority earlier this Spring. Now, a conservative law group has filed a suit seeking to overturn the Governor’s mask order.

An article in Harvard Law Today from May 2020, written by Peter Brann, the former Maine state solicitor, and James Tierney, a former Maine attorney general, says it all.

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