A man convicted of operating while intoxicated (OWI), third offense, argued that a blood test should have been suppressed because he did not freely give consent. Recently, the Wisconsin Supreme Court (5-2) upheld the conviction, but with differing views on application of the state's implied consent law.
Dec. 16, 2015 – While mingling at holiday gatherings this year, you may get the inevitable question: ‘hey, you’re a lawyer, can you fix this traffic ticket for me?’ In this article, attorney Michael Witt highlights important traffic law information to consider before saying yes.
Mistakenly believing that Richard Houghton was violating the law while driving with a missing front license plate and a dangling air freshener and GPS system slightly obstructing his view, police made a traffic stop and uncovered marijuana in a subsequent vehicle search. Recently, the state supreme court upheld the search.
Jan. 7, 2015 – Traffic stops are the most common contact that people will have with police. Yet many people, including lawyers, don’t fully understand their rights in these circumstances. In this article, Madison attorney Eric Hunt breaks down the basics on traffic stop rights.
A prosecutor in Portage County elicited a promise from the jury during voir dire to convict if the state proved beyond a reasonable doubt that the defendant was driving with a prohibited alcohol concentration. Recently, a state appeals court ruled the pro mise did not violate the defendant’s constitutional right to a jury trial.
An individual who refuses a blood alcohol test on suspicion of drunk driving has 10 days to request a “refusal hearing,” and excusable neglect is not an acceptable reason for an extension, the Wisconsin Supreme Court has clarified.