.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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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). […]

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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 […]

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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 […]

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Do I Need a Lawyer for My OWI/DUI?

Do you need a doctor to remove a swollen appendix? If the answer is “Yes,” then you’ve already answered the question posed in the title to this Q & A. Certainly an OWI(Operating While Intoxicated) — Wisconsin’s abbreviation for “DUI,”which means”driving under the influence”) — is not as potentially life-threatening as an appendix that is […]

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