In an article I read recently, I see auto makers are coming closer to manufacturing vehicles that operate on their own. They can steer, brake, maneuver, and detect/anticipate potential hazards. It made me think how this might affect the drunk driving laws throughout the nation. If a vehicle drives by itself, the operator will only control turning the vehicle on. However, many vehicles have remote starts. Would starting the vehicle remotely then become a violation? In Wisconsin, the drunk driving laws prohibit even starting the motor vehicle or restricting the movement of the vehicle. . Furthermore, are the self-driving features of the auto going to make it more difficult for officers to detect persons who are impaired in vehicles. An impaired driver will no longer weave or cross the center line, even a speeding violation could become obsolete. I have yet to see a case where these are issues but with this future technology on the horizon, it will bear watching. As we approach the era of self-driving vehicles, I suspect that these will be issues needing significant consideration.
It sickened me to see the video of Walter Scott being shot in the back by a police officer. It made me think about all of the cases I have had over the years where there is video of the incident and how those videos might be helpful in defending a client’s operating while under the influence of an intoxicant charge. In every case, attorneys should make an effort to gather all of the information. While I understand that the video in Mr. Scott’s case was captured by a passing citizen, there are also video tapes from officer squad cars that are very important. The problem with video evidence that I have encountered is that so many times officers simply do not have the video even though their car is properly equipped. The argument from law enforcement can be, ”I forgot to turn it on” or “the camera was not working”. In those cases where the officer suggests that the camera was not working, I think it is critical to do an open records request to see if there are any repair orders on that camera system. Video evidence can be very helpful in defending OWI cases. It is critical that attorneys understand that and obtain any video evidence.
Everything seems to be public. Our facebook, our twitter, our criminal record is easily obtained by doing simple searches on the internet. I see defendant’s booking photos published, their names in the newspaper, mugshot websites, etc. The Wisconsin Circuit Court Access (CCAP) system publishes all State and County OWI charges. Once an OWI is entered into the CCAP system, it is there and extremely difficult, if not impossible, to remove. Even if you are found not guilty, it is very difficult to remove that entry from the CCAP system. Unfortunately, even without a conviction, these entries impact an individual’s ability to obtain a job or even rent housing. While employers or landlords are not supposed to use websites like CCAP in their decisions, they do. The best thing to do is exercise caution when consuming alcohol and to not get behind the wheel. However, if you are in the unfortunate situation where you are charged with an OWI in Wisconsin, it is important to have a qualified, experienced and aggressive attorney on your side.
If you have questions on an OWI in Wisconsin, please feel free to contact my office for a free initial consultation.
For a number of months, we as Americans have been able to take advantage of a low oil and gas prices. Recently, the price has jumped significantly. It seems that there are always complicating factors, an oil strike, a refinery shut down, a reduction in production by OPEC, etc. So many times we have no clue why the price does what it does. I often get that same type of question from individuals on why the OWI laws are what they are.
For instance, in Wisconsin, if you have an operating a motor vehicle while under the influence of an intoxicant first offense and you have a test result under a .15, you are not required to install an Ignition interlock Device on your vehicle. The complicating factor here is that if you are charged with a first offense OWI but you have a prior offense in your lifetime, even one that is more than ten years old and an alcohol concentration under .15, you would still be required to install an Ignition Interlock Device on your vehicle if convicted. Many individuals do not understand this complication to OWI law in Wisconsin. Unfortunately, there are significant complicating factors in a drunk driving case. If you are charged with an OWI in Wisconsin, it is important that you take an opportunity to speak with an attorney well versed in OWI laws.
If you have questions on an OWI in Wisconsin, please feel free to contact my office. Piel Law Office’s mission is to help individuals understand the complications of Wisconsin’s OWI laws in addition to aggressively defending those who are charged with an OWI.
As I was sitting in court in Milwaukee County Circuit Court last week I was stunned when a reserve judge went off on how uneducated he thinks the public is in terms drunk driving penalties in Wisconsin. After making that statement, I silently nodded. Today, I received a call from a prospective client who is charged with refusing to submit to a test 20 days ago. She had not complied with Wisconsin law by demanding the refusal hearing. Unfortunately, because of this her license will be revoked for one year, she will be required to install an Ignition Interlock Device for one year and she will have to wait 30 days for an occupational license. Despite receiving the paperwork, she had no clue that she was supposed to demand the Refusal hearing within 10 days of her arrest. The Milwaukee reserve judge was right. This is why I pledge to inform anyone who calls of the consequences of an OWI violation in Wisconsin.
I make it a habit in my practice to provide free initial consultations. My goal is not only to obtain clients but to inform motorists of the consequences of OWI’s in Wisconsin. It is critical for anyone who seeks representation to have an attorney who is versed and experienced in the area of drunk driving laws. Once again, the Milwaukee reserve judge was right. Too many times I hear clients and attorneys who are misinformed of the laws and the consequences are sometimes irreparable.
If you have questions on an OWI, please contact my office at firstname.lastname@example.org or by calling (877) 384-1384..