Truck Overweight Tickets

Anyone who has ridden on the interstate has driven by a roadside scale where tractor trailers are weighed to assure that they are in compliance with weight restrictions. Local municipalities have set limits on some roads generally because of the damage caused by these large vehicles. The fines for driving a large truck on these posted roads are astronomical. I have had four calls in the last two days where drivers received fines ranging from $3,500 to $6,000. This is definitively an area where an experienced lawyer can save a client a great deal of money. The savings can be in the thousands. Based on conversations I have had with drivers and their employers, the investment in legal fees here can mean the difference between keeping and losing a means of livelihood. Give our office a call for this and any issues related to commercial motor vehicles.

Happy Thanksgiving

That first Thanksgiving when the Pilgrims sat down to eat with the Wampanoag Indians who shared in a time of giving thanks for their good fortune celebrated the fact that they had survived. Half of those 130 souls that sailed the unforgiving Atlantic Ocean for 66 days and struggled to eke out a living that first year died of a variety of misfortunes. Those who were left laid the groundwork together for a new country dedicated to freedom.

As you sit down to your Turkey with friends and family remember those hardy souls and give thanks for your good fortune. Give thanks for friends, family, food in your belly and a roof over your head. Honor the sacrifices of those who have gone before you. Remember those who are less fortunate. Above all, resist the temptations that endanger you and others. Family holidays seem to precipitate conflict. Conflict often leads to use of alcohol and other substances. Stress and impairing substances are a recipe for disaster. This mix leads to drunk driving, domestic violence and other violent crime, sometimes with tragic conclusions. Have a safe and enjoyable holiday

May God’s Blessings be upon you and yours,

Eric

Do I really need a Lawyer for a First Offense DUI?

If you are arrested for a repeat offense drunk driving or DUI in Wisconsin and convicted, there is no question that you are going to spend some time in jail as part of your sentence. Get convicted enough times, you are going to prison. On a first offense, the penalties are not as severe. In fact, there is no incarceration associated with a first offense conviction. So why invest in the services of an qualified attorney who is likely to cost more than a few bucks?

Wisconsin remains the last holdout in the criminalization of these offenses. In all likelihood this is because of the very strong lobby of the Tavern League in a state where drinking is a way of life. Drive into most unincorporated towns, you will see a convenience store, a church and two bars at the only four corners in town. While this is somewhat amusing, it is also a contributing factor to our significant problem with alcoholism and therefore drunk driving in Wisconsin.

So, first offense DUI’s a little more than a serious traffic ticket and I don’t need a lawyer for that, right? WRONG! A skilled advocate can accomplish a lot for you in one of these cases. First of all, traffic ticket or not, these are cases that require a lawyer whose practice focuses on this highly technical area of law. From constitutional challenges to scientific evidence, you need someone on your side with a strong understanding of all of the issues. In addition, even a first offense conviction can be devastating to employment in many occupations and in this economy no one needs to lose a job.

Most people arrested for DUI in Wisconsin are convicted so it’s not worth the expense, right? Once again WRONG! Even if you do not have a case that you might beat throughout pretrial motions or a jury trial, a skilled advocate is still essential. A lawyer can lessen penalties, like loss of license or fines and most importantly, might be able to help you with the issue of ignition interlock. In Wisconsin, if your blood alcohol level is found to be .15 or greater at the time of driving you are required to install an ignition interlock device in every vehicle you own. Imagine how happy your spouse who is already angry with you about the DUI will be when he or she has to blow into an IID in order to drive. Another issue many of my clients face is the shear embarrassment of driving with an IID if they drive clients around as part of their job.

I tell all of my clients that even if they hire an attorney the odds are generally against them. I’m honest. However, without a lawyer, a conviction and perhaps worse consequences at sentencing are practically guaranteed.

Should I agree to performing field sobriety tests?

Here’s a question. You’ve been pulled over on suspicion of drunk driving. The officer has asked you if you’ve been drinking and asked you to step out of your car. What’s coming next is a series of tests to determine whether you are impaired, right? Wrong. The officer, in most cases, has already decided you are intoxicated and is gathering evidence against you to use in court. So the big question is whether you should provide him with that evidence by performing the tests. In short, the answer is unfortunately, yes. In Wisconsin, if you refuse to complete the field tests the officer is deemed to have probable cause to arrest you whether you are impaired or not.

You are probably asking yourself why comply with the testing if your arrest is a foregone conclusion? Many defense lawyers take the position that once you are out of the car, you are far more likely to take a ride in the back of a police car in handcuffs than to be sent on your merry way. However, while you may be arrested, a good lawyer can mount a defense through careful cross examination on the issue of police procedures during the course of your arrest. If you refuse, there is nothing to work with. It will be assumed that the arrest is valid.

If you drink, don’t drive. If you are stopped on suspicion of drunk driving, take the tests and then call an experienced dui attorney.

Call me with your questions. (262) 569-8300

Family Lawyers: Keep a Criminal Lawyer on Speed Dial

Emotions run high in all actions affecting the family. Perhaps the relationship was abusive, there were addiction issues that led to the divorce, or their were financial issues that keep tensions high. Regardless of the reason, it is not uncommon for litigants in divorce cases to be on the brink of activity that could land them on the wrong side of the law. Children of divorcing couples tend to act out. Adolescent children often get into adult trouble.

If you are a a lawyer representing clients in these matters, and these types of issues come up, you need a practitioner you can turn to for help. Clients tend to regard their lawyers as trust agents, or distributors of counsel for all all things legal and many things that are not. Your contact list can be valuable to you and your clients. When criminal or forfeiture issues arise, have a lawyer at your fingertips who you can consult with and still service your client. An experienced criminal defense attorney who practices primarily in this field will be your best bet. You can see my web site here. I have been working in this field for nearly twenty years. My firm Schober Schober & Mitchell, SC, is an A-V rated firm with offices in New Berlin and Oconomowoc, Wisconsin and represents clients in who have virtually every type of matter.

Keep it confidential

Attorney’s are required to protect their client’s confidential information. In fact, a lawyer can put his license to practice in jeopardy if he discloses privileged communications. So why do so many clients make the mistake of making this type of information public? We have become a society of people who love to communicate. We text, email, Tweet,blog and Facebook. What so many clients fail to appreciate is that our adversaries are out there lurking in cyberspace waiting for a slip-up. Many times I have entered a court room confident in my case only to have my position weakened by the loose lips of a client on the internet.

Many people get the the idea that they should not speak to an interrogating officer without their lawyer present. Anyone who has watched a police drama should be familiar with their Miranda rights. Why then would anyone make the mistake of putting information out there available to law enforcement, and anyone else who may happen to be looking in? Text messaging has also been the downfall of many a client as the content can be preserved and used later, sometimes with devastating results. The old adage “loose lips sink ships” is worth observing today. Control your typing fingers and keep information regarding your case between you and your attorney. Our firm can help you with your legal questions. Check out my website for more information on finding a criminal lawyer.

Drunk Driving: Ignition Interlock in Wisconsin a Mistake

Ignition interlock is the latest atrocity thrust upon us by the legislature in an attempt to solve a real problem in Wisconsin, Drunk Driving. Let’s face it, we are national leaders in this area. Until there is a true cultural change in Wisconsin, our highways will remain killing fields. 

Our firm can help you with your legal questions. Check out my website for more information on finding a criminal lawyer.

Residents of the Badger state presume a birthright of imbibing alcohol to their hearts’ content with cheap and plentiful beer being protected in our constitution. Any town large enough to have a four corners is likely to have either a church or a convenience store and three taverns.

So it makes sense to use any means necessary to get drunk drivers off the road, right? Wrong. Ignition interlock has created a cottage industry in Wisconsin of providers. Industry is good. However, contrary to popular belief, these systems are capable of doing more harm than good. We all know that the driver has to blow before starting the car. What many don’t know is that the driver is forced to blow while driving the car. Texting while driving is much safer than this and it’s illegal.

There are other concerns.  IID can cost you your job if you work in a field that requires that you transport clients. Lastly, unless the Court grants you an exemption, your spouse might be forced to have one of these devices which bears a high price tag in her car too.

In the IID will not be cost effective. The law was poorly drafted and leaves a hole big enough to drive a Mack Truck through for us defense lawyers. IID is only imposed in the case of first time offenders if they refuse the test or if their measured PAC is in excess of .15.  It is worth it for defendants to litigate this issue.  Milwaukee County courts are already feeling the crunch of the many first offense cases going to trial on the issue of IID only. I like making money as much as the next guy, but this not a good way to spend tax dollars.

Limit the requirement to repeat offenders if necessary. Studies have shown some success in other states.  But let’s repeal this law as to first offense owi’s.

Have a Happy and Healthy Holiday Season.