Hurley Burish and Stanton, SC Attorneys at law

Drastic Wisconsin OWI Law Change Now in Effect: Lifetime revocation of driver’s license for fourth or subsequent convictions.

Author: Attorney David E. Saperstein Phone: 608-257-0945 Email: dsaperstein@hurleyburish.com As of December 1st, 2018, the drastic OWI law changes ushered in by Wisconsin’s legislature in the enactment of 2017 Wisconsin Act 172 are now in effect. These changes will have potentially life-altering, employment-crippling consequences for anyone charged on or after December 1, 2018, and ultimately […]

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Every Day Matters:  What constitutes “a day” for jail credit purposes?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com One of the more inconsistent practices of circuit courts in criminal sentencing hearings over the years has been the calculation of jail credit earned by a defendant prior to the sentencing hearing.  Depending on the jurisdiction, or even sometimes the […]

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What Constitutes Sufficient Proof of a Prior OWI Offense?

By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com   Prior OWI convictions are not elements of subsequent OWI offenses; however, these prior convictions are used at sentencing in order to determine the penalties for the present offense. The State has the burden of proving convictions for prior OWI […]

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Legislature Considers Positive Change to Wisconsin’s Expungement Law

  By: Attorney David E. Saperstein & Law Clerk Sarah E. Schuchardt Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com It is a well accepted fact that a criminal record will have a negative impact on many aspects of a person’s life — including employment opportunities, housing, educational opportunities, personal relationships and self esteem. For this reason, we as […]

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2017 So Far: Recent Wins in Criminal Cases

Attorney Jonas Bednarek and Attorney David Saperstein have both achieved great results for their respective clients. Take a look below for some of their most recent highlights. Dane County – Disorderly Conduct Dismissed Attorney Bednarek’s client was charged with Disorderly Conduct with modifiers for domestic abuse and use of a dangerous weapon. The charge was […]

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Wisconsin’s Implied Consent Law after State v. Blackman

By: David E. Saperstein Email: dsaperstein@hbslawfirm.com Phone: 608-257-0945 I see three big “take-aways” from last month’s surprising decision by the Supreme Court of Wisconsin (SCOW) in State v. Blackman1. The assertion that probable cause still matters in the context of Wisconsin’s beleaguered Implied Consent Law is perhaps the biggest take-away. Coming in a close second, […]

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SCOTUS Tosses a Bone to the Innocent

By: David E. Saperstein Phone: 608-257-0945 Email: dsaperstein@hbslawfirm.com News Flash. An innocent person should not pay restitution for a crime that she legally did not commit. So proclaimed the Supreme Court of the United States (SCOTUS) in Nelson v. Colorado, decided last month.1 Two similar cases were before the Court for review. Shannon Nelson and […]

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Hurley, Burish & Stanton, S.C. – Criminal Law Section 2016 Year in Review

The Criminal Defense attorneys at Hurley, Burish & Stanton, S.C. had numerous successes in 2016 ranging from the dismissal of OWI charges, the dismissal of a negligent homicide charge and two acquittals at jury trials. HBS has attorneys experienced in defending clients in a diverse array of state and federal offenses in administrative, trial and appellate courts. Take […]

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.08 or Higher Doesn’t Mean You’re Guilty

By: Attorney David E. Saperstein Email: dsaperstein@hbslawfirm.com Phone: 608-257-0945 If you are wondering whether there is any point in “fighting” a drunk driving charge if your blood or breath test reveal a result of .08 or higher, the answer is quite possibly YES. Thanks to the well-established physiological process known as “alcohol absorption,” even if […]

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