Watch Your Butt!

The ever-eroding 4th Amendment to the U.S. Constitution took another hit in Wisconsin in 2015, courtesy of our Wisconsin Supreme Court. In State v. Daniel S. Iverson (cited as 2015 WI 101), our State’s highest court upheld a stop of the defendant’s car based upon a state trooper apparently witnessing a passenger in the car toss a cigarette butt out of the window. Following the stop of his car, the driver, Mr. Iverson, was investigated for and charged with drunk driving (OWI).

Read more

What Happens If I Refuse ?

One of the more confusing aspects of a drunk driving case involves the request for a breath, blood or urine test after arrest. Clients have already made the decision to either agree to the test or not when they consult with an attorney, and they often ask, “Should I have refused?” or “Was it a […]

Read more

Am I Guilty of Disorderly Conduct ?

Disorderly Conduct, aka the “catch-all” offense. The definition of the charge, under Wisconsin Statutes section 947.0, is a laundry list of behaviors that reads like a typical evening of reality T.V., but that can land the average, non-celebrity- citizen in court or in jail. Let’s take a look at the definition of “DC”, and tease […]

Read more

Was I Resisting (or Obstructing)?

A previous post discussed the level of suspicion that an officer must articulate to justify a “stop” or otherwise initiate an encounter with a “civilian.” Generally speaking, a law enforcement officer initiates contact with a “civilian” because he or she suspects the civilian of some kind of wrongdoing. The officer may be mistaken, may have […]

Read more

How Does a Controlled Substance (Drug) OWI Differ from an Alcohol OWI?

You and a friend are driving home after 1 a.m. from a party. Some friends at the party, including your passenger, had been smoking marijuana (“weed”), but you had chosen not to. Your passenger starts smoking the remnants of a joint in the car as you drive her home. You refrain from smoking with her, […]

Read more
Read all blog posts