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Relevant news and input from our Milwaukee defense attorneys

Sexual Contact Between Minor Boyfriends/Girlfriends

In Wisconsin, sexual contact with children under 18 years old may result in criminal prosecution.

“Statutory rape” means that sexual contact is illegal, even if consented to by the parties, based upon the age of the parties.

Sexual contact with a minor 12 years of age or younger and a person of any age is a Felony and may result in up to 60 years in prison.  “Sexual contact” is touching (even over clothing or without any penetration) or intercourse (sexual penetration, however slight).

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DNA Database - Arrests - Misdemeanors - Felonies

Starting April 2, 2015, not only felons will have their DNA forcibly taken, but DNA samples will also be taken on ALL criminal misdemeanor convictions.

A misdemeanor is defined as a criminal offense where the penalty may include up to one year in the county jail. This can include disorderly conduct, possession of THC (marijuana), theft, retail theft, repeat OWI/DUI, Operating After Revocation of Driver’s License, Operating Commercial Vehicle without Proper Endorsement and hosts of other misdemeanor offenses.

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Expungement of Misdemeanor and Felony Cases - Persons Under Age 25

In Wisconsin, misdemeanors and certain felony convictions may be expunged.

If a Circuit Court is going to exercise its discretion to expunge a record, the discretion must be exercised at the sentencing proceeding.  There is some question as to whether a request move for expungement may be preserved at the time of sentencing.  It is better practice currently to seek ruling for eligibility at the actual time of sentencing.

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

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

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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Wisconsin Concealed Carry - Drug Offense Violation

Did you know that if you obtained a Concealed Carry Permit in Wisconsin and are convicted of even a misdemeanor or city ordinance drug offense, your permit may be revoked?

The Application for Concealed Weapon License asks “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance”?

You cannot obtain a Wisconsin Concealed Carry Permit if you have any drug convictions or arrests within the past year.  This can include a municipal citation arrest and definitely includes any misdemeanor or felony drug conviction or arrest.

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Guns: Wisconsin Concealed Carry Violations

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

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

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.