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Relevant news and input from our Milwaukee defense attorneys

Failure to Yield Right-of-Way Citation - License Suspension

Written by David Molter. Posted in Blog.

In Wisconsin, any person who receives a citation and is convicted for failure to yield under Wisconsin Statute 346.18 is required to attend a failure to yield right-of-way course.  If the violation results in bodily harm, great bodily harm or death to another, the operating privilege will be suspended:

  • If the violation results in bodily harm, suspension will be for two months
  • If the violation results in great bodily harm, suspension will be for three months.
  • If the violation results in death of another person, suspension will be for nine months.

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Commercial Trucking Weight Violations - Company Owner Liability

Written by David Molter. Posted in Blog.

In Wisconsin, commercial trucking weight violation citations, overweight traffic citations and some other classes of commercial vehicle equipment violations will be issued to the VEHICLE or TRUCK OWNER, as opposed to the person driving the vehicle.

This tends to be a shock to a company owner, especially in cases where the driver may not have advised the owner that he or she received the citation.

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Guns: Wisconsin Concealed Carry Violations

Written by David Molter. Posted in Blog.

A legally issued Concealed Carry Permit in Wisconsin has restrictions in where you can carry a long gun, pistol or other weapons or devices permitted.

Some examples of prohibited concealed carry are provided in Section 176.60(16) of the Wisconsin Statutes:

  • Police and law enforcement offices
  • Prisons, jails and correctional facilities
  • Mental health facility secured units
  • County, state and federal courthouses
  • Municipal courtrooms if court is in session
  • A place beyond a security checkpoint at airports

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Drunk Driving / OWI / DUI - Should I Take a Breath or Blood Test

Written by David Molter. Posted in Blog.

In short, Wisconsin law has an “implied consent” provision, meaning that by driving in our state, you consent to provide a sample of blood, breath or urine if there is probable cause to believe you are driving under the influence.

Conviction on a refusal to take a required test is a separate and significant penalty over and above a drunk driving / OWI / DUI conviction. It results in a longer license revocation time and mandatory installation of a breath interlock device on all vehicles in your name.

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Traffic Citations - Insurance Increases for Certain Violations

Written by David Molter. Posted in Blog.

POTENTIAL FOR INSURANCE INCREASE FOR CERTAIN VIOLATIONS:

Smart Money listed a chart with potential increase in care insurance rates when you get a ticket for various traffic violations. The data in the calculations were derived from a review of 490,000 auto insurance quotes. The results:

Reckless Driving: 22%

DUI/OWI/Drunk Driving/Operating with Prohibited
BAC – First Offense: 19%

Driving without a license or permit: 18%

Speeding 30 mph over the limit: 15%

Failure to stop: 15%

Improper Passing: 14%
Tailgating / Following Too Closely: 13%

Speeding 1 to 14 over the limit: 11%

No care insurance: 6%

Seat Belt infractions: 3%

They also tell you what you can do to minimize (or even negate) the impact of a ticket:

*Fight the ticket
*Weigh alternate pleas
*Shop for a new policy
*Keep you nose clean
*Take a driving course

The bottom line is that simply paying a ticket or pleading guilty to a charged offense may be detrimental to your pocket book.

Courtney & Molter can help you weigh your options, provide an honest appraisal of what to expect and the cost of contesting citations.

In the Milwaukee County area, we have proudly represented drivers for 30 years in Bayside, Brown Deer, Cudahy, Fox Point, Franklin, Glendale, Greendale, Greenfield, Hales Corners, Milwaukee, Oak Creek, River Hills, Shorewood, South Milwaukee, St. Francis, Wauwatosa, West Allis, West Milwaukee and Whitefish Bay.

Traffic Violation Impact on Insurance

Written by David Molter. Posted in Blog.

If you’re wondering how traffic tickets impact auto insurance rates, you’re not along. Unfortunately, this is a question with no clear answer.

Traffic Tickets and Auto Insurance Rates: Every company has a different policy regarding traffic tickets. Some raise your rates for three years , and others apply a surcharge for the first year – one that will be removed if you have no more speeding or other tickets on your record.

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Drug Cases, Drug Possession, Drug Delivery, Intent to Deliver

Written by David Molter. Posted in Blog.

Heroin, OxyContin, Opiates, Percocet, Morphine, Vicodin, Methadone, Ecstacy … all restricted or illegal drug or regulated non-prescription drugs are a major concern in the media and with prosecutors. LIves are ruined, both through the ravages of addiction, as well as from legal consequences from arrest and conviction.

As the legal system tries to figure out whether severe punishment or rehabilitation and education should be used to combat drug-related problems, people receive significant jail penalties, or relapse and continue to live with a monkey on the back.

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CDL Over Weight / Special Weight Violations

Written by David Molter. Posted in Blog.

We have seen a large increase in numbers of citations issued for commercial over weight violations across the State of Wisconsin.  The traffic code allows assessment of huge fines based upon the over weight load.  In some cases, the police may take a vehicle out of service after a stop.  Such citations are issued to the owner of the vehicle, not the driver.  In many cases, a corporate owner is subject to the fine due to the mistake of one of its driver employees.

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CDL Drivers - Traffic Ticket or Citation Received in Private Vehicle

Written by David Molter. Posted in Blog.

All commercially licensed drivers holding a CDL should keep in mind that ALL traffic violations received, including while operating a private vehicle or non commercial vehicle, count on your CDL.

Operating While Intoxicated, Driving with Prohibited Alcohol Concentration, any type of Hit-and-Run offense, Failure to Report Accident, accidents causing death are mandatory CDL revocations, regardless of whether you are operating as a CDL driver or private driver.

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Wisconsin Supreme Court Issues New Ruling In Miranda Rights Case

Written by David Molter. Posted in Blog.

You’ve probably seen it on TV: the police arrest someone, and read them their “Miranda rights.” But do you know as much as you should about what these rights really mean?

Although they are sometimes referred to as “Miranda rights,” the rights contained in a Miranda warning actually come from the U.S. Constitution and its state-level equivalent. The Miranda warning is a reminder that police must give to suspects before conducting any custodial questioning – if police fail to give a Miranda warning, any incriminating statements that a suspect makes may not be used as evidence against him or her.

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Are Courts Pulling Back the Right to Counsel in Wisconsin

Written by David Molter. Posted in Blog.

If you’ve ever watched a police procedural show on television, or if you’ve had a personal encounter with law enforcement, you’re probably somewhat familiar with the Miranda Warning. The Miranda Warning is a listing of rights afforded to the accused, and police must deliver it before diving into any line of questioning once a suspect is in custody.

One of the most important rights mentioned in the Miranda Warning is the right to an attorney. But, a series of recent court opinions seem to indicate that this important procedural safeguard may be eroding for those arrested in Wisconsin.

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