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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 boating accident attorneyBy Attorney Chris Strohbehn

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:

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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:

  • Driving with a blood alcohol concentration (BAC) at or above 0.15 or refusing to submit to a chemical test of your breath, blood, or urine. If you are found guilty of a first-time OWI  with a blood alcohol concentration of 0.15 or greater, you will be required to install an ignition interlock device in your vehicle for up to a year, which carries with it its own expense. If you are convicted of a refusal to submit to testing, your driver’s license revocation will be one year, and your eligibility for an occupational license will be delayed.
  • Driving with a minor under the age of 16 in the vehicle. Having a minor passenger in your car will make what would be a municipal forfeiture a criminal misdemeanor, with increased fines of up to $1,100, an increased revocation period of up to 18 months, and up to six months in jail.
  • Causing injury while driving drunk. If it is your first OWI offense, and your operation result in pain or other injuries to another person, you will face fines up to $2,000, revocation of your license for up to two years, and up to one year of incarceration. These penalties may be even higher if you had a passenger under the age of 16 in your vehicle.
  • Causing great bodily harm while intoxicated. If drunk driving results in another person having a substantial injury that, for example, can lead to permanent disability or disfigurement, you may be charged with a Class F felony, which carries severe penalties, including up to 12.5 years in prison.
  • Homicide while driving intoxicated. The most serious drunk driving offense, causing an accident resulting in another person’s death, can result in Class D felony charges with up to $100,000 in fines, up to 25 years in prison, and a revoked license for five years or more.

No matter what type of intoxicated driving offense you are facing, it is important to consult with an experienced criminal defense attorney who can provide quality legal representation.

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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).

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Milwaukee paternity lawyer for fathers’ rightsBy Attorney Max Stephenson

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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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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Milwaukee truck collision attorney falling cargoBy Attorney Chris Strohbehn

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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Milwaukee civil law attorneyMilwaukee WI criminal defense lawyerBy Attorney Ray Dall’Osto and Attorney Erin Strohbehn

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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Milwaukee, WI spousal support lawyer for stay-at-home-parentsBy Attorney Max Stephenson and Paralegal Courtney Hess

If you are a parent who is getting divorced, your first concern will likely be for your children, particularly ensuring that their financial needs will continue to be fulfilled. The good news is that Wisconsin requires both parents to contribute to child support after a divorce, and there are processes in place to enforce payment.. However, if you have been a stay-at-home parent for a significant portion of your marriage, causing you to rely on the income of your spouse, you may have additional concerns as to how you will meet your own financial needs. Spousal maintenance, or alimony, is not always awarded in a Wisconsin divorce, but with the help of an attorney, you can make a strong case for receiving the financial support you need during your divorce negotiations.

How Is Spousal Maintenance Determined in Wisconsin?

If you are a stay-at-home parent in need of spousal maintenance, an attorney can help you make your case during your settlement negotiations or trial litigation. Some of the factors the court will consider in the determination of maintenance include:

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Milwaukee criminal appeals attorneyBy Attorney Brianna Meyer

A conviction for a criminal offense does not have to mean the end of your pursuit of justice, especially if you believe that the court erred in your conviction or sentence. You have the right to challenge your conviction with the Wisconsin Court of Appeals, but before you do you should make sure that you have legitimate grounds for the possible modification or reversal of your sentence. An experienced appellate attorney can advise you as to whether you should pursue an appeal and guide you through the appropriate procedures.

Grounds for Appealing a Criminal Conviction in Wisconsin

While there are certain exceptions, the court of appeals will usually only review your case if you file a notice of intent to pursue post-conviction relief no later than 20 days after your sentencing hearing. Specifically, you may have grounds to appeal due to:

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Milwaukee disorderly conduct defense attorneyA disorderly conduct ticket could result from a number of different circumstances. No matter where you are — a restaurant, bar, or beach front — it is not uncommon to witness an individual display unruly behavior. Wisconsin law defines disorderly conduct as indecent, violent, profane, boisterous, abusive, unreasonably loud, or otherwise disorderly behavior that provokes or causes a disturbance in a public or private area. If you have been issued a disorderly conduct ticket, it is critical that you contact a criminal defense attorney right away to avoid further criminal consequences.

Disorderly Conduct Penalties

Depending on the severity of the disorderly conduct ticket, several different penalties could arise, such as: 

  • Fines. The highest possible fine is $1,000 and the amount owed is determined by the court.
  • Time behind bars. A jail sentence of up to 90 days can be mandated.
  • A probation agreement. This may include an order for the defendant to be enrolled in counselling such as therapy or anger management courses.
  • Community service hours. The court may require the defendant to complete services for public institutions in exchange for a smaller sentence.
  • Weapon restrictions. If a firearm was used in the disorderly conduct incident, the court can order that the defendant may not possess a firearm for a certain length of time.
  • A restraining order. This would include an order to avoid contact with the victim and his or her whereabouts, such as home and place of employment.

Collateral Consequences

As with any conviction, a finding of guilt can cause various collateral consequences. If you have been charged with a disorderly conduct ticket and are seeking employment, you might not be considered because the employer may believe you will exhibit chaotic and/or violent behavior while at work. Additionally, if you are looking to rent an apartment or a house, the landlord might not accept your application in fear that you will disturb those living in the complex or surrounding community. There are several long-lasting negative effects of a disorderly conduct charge, so it is important to explore all potential defenses. An experienced criminal lawyer can help reduce or dismiss your charges altogether. 

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