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What You Need to Know About Open Carrying a Gun in Wisconsin
If you are a gun owner, it is important that you understand gun laws in Wisconsin. Failure to follow these rules could mean facing serious criminal charges.
Quick Gun Law Overview
Wisconsin is an open carry state. This means that gun owners can carry a loaded gun in public. Gun owners do not need a permit or license to carry a gun in public. A person is considered to be “openly carrying” a gun when a casual observer can see the weapon.
To open carry, you need to be at least 18 years old. While permits are not required to carry a gun unconcealed, gun owners need a license to carry a weapon in a concealed manner. Also, cities or counties cannot make laws on gun possession that conflict with the state’s open carry laws.
Where Can You Not Open Carry?
Wisconsin does limit where open carrying is allowed. You cannot open carry, even if you have a concealed weapons license, in the following locations:
4 Things to Photograph at the Scene of a Car Accident
If you have been injured in a car accident, there are steps you can follow to help your case, should you choose to file a personal injury claim. One easy thing is to take photos and record videos in the moments after your accident with your smartphone.
Many people forget to document the accident scene. Photos and video are usually great tools in a civil case because they can convey to the jury many important details of the accident. If there are no photos, the jury must rely on testimony instead. Testimony is not as compelling as visual images and can also be more easily disbelieved.
It is important to remember, though, that your health and safety is the first priority. Do not attempt to take photographs if you are seriously injured. Also, only if you are able, be sure that you call the police and trade insurance and contact information with the other driver involved in the accident.
Increased Penalties for Repeat Drunk Driving
A new law enacted by the Wisconsin Legislature and signed by Governor Walker in April 2016, became effective on January 1, 2017, sharply increases penalties on repeat drunk driving cases.
2015 Wisconsin Act 371 makes a fourth drunk driving offense a felony for all purposes, regardless of when the previous OWI convictions occurred. Under previous law, a fourth offense OWI would constitute a felony only if it was committed within five (5) years of a third offense drunk driving conviction. Otherwise, it remained a misdemeanor. Act 371 eliminates this distinction.
A fourth offense OWI conviction is a Class H felony, carrying a maximum potential sentence of six (6) years in prison, a mandatory minimum period of incarceration and fines up to $10,000.
Act 371 also increases the maximum prison sentences for fifth and sixth drunk driving offenses from Class H to Class G felonies, which carry longer potential prison terms and mandatory minimums. Convictions for seventh, eighth and ninth offense drunk driving are now Class F felonies. A tenth or subsequent drunk driving offense is now a Class E felony.
Your Options When Hit by an Uninsured Driver in Wisconsin
Liability insurance is required for all drivers in the state Wisconsin. However, about 10 percent of drivers use an automobile without car insurance, per the Insurance Research Council. If someone without liability insurance is at fault for your car accident, you must take special steps to have your injuries compensated.
Negotiating with Your Insurer
Under Wisconsin law, all drivers must carry uninsured motorists insurance. If you have injuries to yourself, your car, your or property, you can file a claim against your own insurer under your uninsured motorist policy. You may be entitled to the same compensation under your policy as you would if you filed a claim against the at-fault driver’s insurance company. Those damages include lost wages, medical costs, and pain and suffering.
There are other options as well. You may be able to sue the driver at fault personally. This situation is less common because typically people who go without car insurance have few assets that could be used to compensate you. Another option is that the driver will have to pay a deposit under the Safety Responsibility Law.
Snowmobilers Who Drink and Drive: What's the Law?
By James Lewis
Winter in Wisconsin is in full-swing now, and more than 25,000 miles of snowmobile trails are open. The 2016-17 snowmobile season will see more than 200,000 riders throughout the state. Before taking to the trails, it is important that you know about how Wisconsin OWI laws affect snowmobile operators.
First, if you are driving your snowmobile on a public trail, road or highway, then Wisconsin OWI laws, the legal limit (.08 BAC) and penalties will likely apply to you if you drink alcohol and drive your snowmobile. If you are on private property, then the rules on having to submit to a chemical test may differ, unless another criminal offense or accident has occurred. Going off-trail, onto lakes, etc., can vary the penalties that apply. Fines for a snowmobile OWI can range between $400 and $2000, depending on how many similar infractions you have on your record and the nature of the incident. In addition to fines, drivers found to be operating under the influence of alcohol may also have their privilege to operate a snowmobile revoked by a court upon conviction. However, unlike automobile OWI law, which counts the lifetime number of prior OWI violations, the snowmobile OWI laws only count violations within the previous five years.
Helping Your Child Recover after a Concussion
Each year, around 2.5 million people visit the emergency room for a traumatic brain injury (TBI). Some of those visitors are children who sustained their injury during an automobile crash. In fact, according to the Centers for Disease Control and Prevention, motor vehicle crashes are the leading cause of TBI among children and young adults between five and 24 years of age. If your child has suffered a concussion because of a traffic accident, learn how you can help them recover, and what your legal rights are regarding compensation.
Study Finds Parents Are Often Too Restrictive after Brain Injuries
Children who suffer a concussion need rest, but researchers from the UCLA Health say parents are actually giving their children too much downtime after injury. Exercise is important to their recovery, as long as it does not put them at risk for further injury (no sports and no “rough” play). So is socialization with their peers. Parents should also avoid waking their child up in the night to check on them since a lack of sleep, which is often the result of this outdated advice, might make their headache and mood worse. In short, protect your child, but still give them a chance to be a child.
How to Conduct Yourself If You Are Stopped by a Police Officer
The majority of police officers are good and rational human beings. Nonetheless, police brutality, aggression, and confrontational behavior does exist. Knowing how to handle such situations should you ever experience one, is critical. In fact, in some situations, it could very well save your life. At the very least, an understanding of your Constitutional rights and thoughtful action can help reduce the risk of a wrongful arrest, wrongfully filed charges and wrongful conviction. The following explains further.
Understanding Your Risk
Anyone can experience police brutality or aggression. However, there are some groups who are at an increased risk. For example, African American males are three times more likely to be killed by an officer of the law than any other race. Further compounding this issue is that African-American men are far more likely to be stopped by a police officer than other racial groups. Whoever you are, it is critical that you understand how you can attempt to de-escalate a situation and protect your rights.
Social Media Use and Your Personal Injury Lawsuit – What You Need to Know
Social media can have its benefits – it can help families and friends stay in touch when they live in different parts of the country, and it has even sparked new relationships. Unfortunately, social media also has its drawbacks, particularly for those who are pursuing a personal injury lawsuit. Before you share, tweet, or otherwise post something about your personal life to social media, learn what kinds of posts could impact the amount or success of your case.
Understanding How Personal Injury Lawsuits Work
When a victim brings forth a lawsuit against a negligent party, they are attempting to recover damages caused by the accident they experienced. Medical expenses and lost income are generally a part of this settlement, but they are paid according to the victim’s actual costs. More obscure recovery types – pain and suffering, loss of vitality, and other noneconomic damages – are not as easily calculated. The victim must explain how the injury has affected their life. To reduce their payout amount, the insurance company will often attempt to collect evidence that suggests the victim’s life may not have been as drastically altered as they claim. This is where social media can get victims into serious trouble.
Study Examines the Growing Prevalence of Pedestrian Accidents
Because they have such a high prevalence of fatality, pedestrian accidents have always been a major area of concern. In fact, many states and cities have implemented awareness initiatives, new and updated traffic control devices, and stricter laws to protect their pedestrian citizens. Yet the growing problem shows that the issue is getting worse instead of better. A recent study attempted to understand why, despite all efforts, the prevalence of pedestrian accidents seems to be growing. They also looked at possible pedestrian accident risk factors and the losses that victims may experience.
How Big Is the Problem?
In the year 2004 alone, the National Highway Traffic Safety Administration (NHTSA) reported more than 70,000 pedestrian injuries and more than 4,600 pedestrian deaths. On average, that means that one pedestrian is killed every 113 minutes, and every eight minutes, one is injured. In Wisconsin, specifically, pedestrian fatalities account for approximately 9 percent of all annual traffic fatalities (about 60 per year) and around 350 are seriously injured. That averages out to about one pedestrian death or injury in Wisconsin every five hours.
Hate Crimes Surging throughout the USA and the Penalties in Wisconsin
Over the last year, hate crimes have increased dramatically across the country. Hate crimes against African American and Muslim Americans have risen by over 50% and have reached their highest numbers since 2001. Hate crimes against Hispanics have increased almost 40% during the same time period.
The Southern Poverty Law Center (SPLC) reports that in the month since the November 2016 election, it has documented 437 reports of hate-fueled intimidation and harassment through news reports, social media and direct submissions via the SPLC’s #ReportHate form. Most involved anti-immigrant, anti-black or anti-LGBT bigotry. The most frequent location was K-12 schools, followed by businesses and at universities.
What are the consequences of such actions? The following provides a brief overview.
What Is a Hate Crime?
The federal Hate Crimes Prevention Act of 2009 defines hate crime as a criminal offense committed against another person because of their race, color, religion, national origin, gender identity, gender, disability, ethnicity or sexual orientation. Pub. L. No. 111-84. Wisconsin law provides a substantial sentence enhancer for hate crimes, sec. 939.645, Wis. Stats., and also provides for a civil damages cause of action for victims of hate crimes. Sec. 895.443, Wis. Stats. How does one know if a crime that was committed falls within the definition of a hate crime? Crimes committed against a person who is a minority or part of a frequently targeted group can potentially be labeled as a hate crime, even if the accused person may not have intended it to be. It will be up to the accused’s attorney to try and prove that the act was not committed as a hate crime under the applicable statutes, which can be quite challenging.
