During the holiday season, you will likely have many occasions to celebrate with friends and family. When you drink alcohol at these parties, it is best to avoid getting behind the wheel of a vehicle. You should do everything you can to ensure that you are not one of the many who will be arrested for OWI (Operating While Intoxicated, the official charge for drunk driving in Wisconsin) during the holidays.

Alcohol Consumption by Holiday

According to Alcohol.org, the average number of drinks consumed on Thanksgiving is 2.7. The average number of drinks consumed on other “winter holidays” is 3.1. New Year’s Eve is one of the booziest holidays for Americans, as the average number of drinks consumed on that day is 4.4. 

Tips to Avoid Driving Drunk

The National Institute on Alcohol Abuse and Alcoholism, one of the organizations that make up the National Institutes of Health, offers the following tips:

Many people associate DUI, or driving under the influence, with the overconsumption of alcohol. However, one can be convicted of a DUI (also called Operating While Intoxicated or OWI) for driving while under the influence of illegal drugs or prescription medications.

Marijuana OWI

There are several reasons why marijuana OWI charges are on the rise in recent years. Marijuana has become legal for medical or recreational purposes in many states. Also, Canada recently legalized pot for recreational use nationwide. In addition, growing practices have yielded increasingly more potent marijuana crops. 

Wisconsin law states that “No person may drive or operate a motor vehicle while . . . [t]he person has a detectable amount of a restricted controlled substance in his or her blood.” This is different from how the law defines OWI for alcohol, which occurs when someone drinks to a point that “renders him or her incapable of safely driving.”

Wisconsin takes child pornography charges seriously and does not often grant leniency to those who have been accused of these types of crimes. A conviction of this nature can affect every aspect of your life, including where you live, who will hire you, and who will associate with you. It is important to fight these charges as aggressively as possible.

The Wisconsin Child Pornography Possession Law

Under Wisconsin law, possession of child pornography is defined as possessing or accessing any material depicting a child engaging in sexually explicit conduct. The law requires that the accused have the intent to view such an image. The law applies to any developed or undeveloped film, photographic negatives, photographs, motion pictures, videotapes, or other recordings. 

The law specifies that the accused must: 

By Raymond Dall’Osto and Christopher Strohbehn

After working in the Wisconsin criminal justice field for the past 40 years, I have learned a great deal. For one, the populations of state and federal prisons have increased from 250,000 to 1,500,000 during that time, even though the overall crime rate has decreased substantially. In 2010, there were 186,000 inmates in federal prisons, 98,000 of whom were incarcerated for drug crimes. When I began practicing law, the state of Wisconsin had fewer than 4,000 inmates in prison, but the number of inmates is now more than 20,000. Even though the crime rate has decreased, the U.S. continues to lead the world in the rate of people who are incarcerated. Many of us wonder how our society has reached this point and what can be done to fix the problem.

Harsh mandatory minimum sentence laws, increased sentence structures for felony offenses, and longer sentences being imposed by judges have all led to over-incarceration. Additional factors include the unavailability of parole or the elimination of programs providing early release for prisoners with good behavior or who have successfully completed treatment.

When you agree to a contract, you expect that it will be honored. You will likely also take future actions based on the presumption that the agreement will be kept. When a party breaches a contract, the other parties to that contract have legal recourse and can bring a civil lawsuit.

Identifying a Breach of Contract

The first step in pursuing a civil lawsuit for breach of contract is identifying that there has been a breach. A breach can occur one of three ways:

• Failing to perform as promised.
• Making it impossible for the other party to perform.
• Repudiating the contract (communicating an intent not to perform).

Breach of Contract Damages

Next, you must determine what types of damages are available. Sometimes, the contract itself will set damages in case of a breach. These types of damages are called liquidated damages. If there is no such provision, or if such a provision is determined by the court to be unenforceable, the court will consider two other major types of damages.

Slipping and falling can lead to serious injuries that may require extensive medical treatment. If you have been hurt in a slip and fall accident, there are things you can do to strengthen your case and increase your chances of recovering compensation. 

Demonstrating Liability

One of the main hurdles in a slip and fall case is proving that the business or property owner knew of the condition that caused your fall and did not take the proper steps to correct it. Alternately, you can satisfy this requirement by showing that any reasonable business or property owner would have known about the condition, because it was present for a substantial period of time before you fell.

Following an injury, you should take the following steps:

Wisconsin recognizes that anesthesiologists perform important work, and that is why the state requires that anesthesiologists maintain a professional license. Anesthesiologists and all other doctors are governed by the Wisconsin Medical Examining Board, a division of the Department of Safety and Professional Services, and those who are facing potential discipline to their license should be sure to understand the procedures that will be followed and their options for defense.

Complaints, Investigations, and Discipline

A medical license can be lost in several ways, one of which occurs when a complaint is lodged against an anesthesiologist with the Wisconsin Department of Safety and Professional Services. On average, about 500 complaints are received each year against doctors. Of these 500, about half are from patients or their family members. Other complaints are lodged by health care workers. Additionally, malpractice determinations or hospital actions reported through a national data bank make up a share of the complaints.

Once a complaint is received, state investigators ask for relevant medical files and request that the doctor submit a response. From here, the complaint is reviewed by a screening panel of the Wisconsin Medical Examining Board. This panel reviews cases each month. Typically, about two-thirds of the complaints are closed. There are two main reasons for closing a case at this stage: the complaint is minor, or the complaint cannot be proven. 

Wisconsin physical therapists know that their license to practice must be closely guarded. Losing or having any restrictions on your license will have a negative impact on your business and your reputation in the community.

Licensing issues can come up at any point when one is applying for a license or after a license has been issued. A physical therapist’s license can be threatened by a complaint filed by a patient or other person. In these instances, the Wisconsin Physical Therapy Examining Board may send out an investigator to gather more information.

An investigator will attempt to speak with the physical therapist whose license is at issue. While it is not recommended, some physical therapists will not consult an attorney in advance of this meeting or bring an attorney to the interview.

The United States is in the midst of a streetcar resurgence. In the last five years, at least 10 major U.S. cities, including Milwaukee, have added streetcar lines. While many people are pleased about the additional public transit options and think streetcars benefit the community, some believe that this form of transportation adds additional dangers to city streets. Streetcar accidents are certain to occur, especially when a streetcar line opens in a new city. 

The Streetcar Renaissance  

Milwaukee’s streetcar line, The Hop, will open in November 2018, and the system is currently undergoing testing in parts of the city. The new route is two miles long, and there are plans to expand in the coming years. Unfortunately, accidents involving the streetcars are already being reported.

Milwaukee joins numerous other cities in building streetcar lines such as Atlanta, Charlotte, Cincinnati, Dallas, Kansas City, New Orleans, Salt Lake City, Tucson, and Washington, D.C. One reason for this new trend is that the federal government has made it a priority to fund small-scale transit projects that seek to revitalize urban areas.

In order to practice as a pharmacist in Wisconsin, you must be properly licensed. Professional licenses ensure that pharmacists have a complete education, remain up to date on medical information, are providing adequate care to patients, and are known to the state. Pharmacists should be aware of issues that could affect their license and their ability to continue practicing pharmacy.

Pharmacist License Denial

There are a variety of ways that a pharmacist’s license can be put in danger by the State of Wisconsin Pharmacy Examining Board, which is a division of the Wisconsin Department of Safety and Professional Services. A license application may be denied, or a license may not be renewed because of a missed deadline, an alleged misrepresentation on the renewal application, or a failure to complete continuing education.

Pharmacist License Discipline

A licensed pharmacist could lose his or her license for engaging in unprofessional conduct. This conduct may include actions such as fraudulent billing or operating without proper licensing.