WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
Textalyzer to Help Combat Texting While Driving. But is it Constitutional?
By James Lewis
The dangers associated with texting and driving have prompted some states to take direct action to combat the issue. With the aid of Cellebrite, a technology company, police departments may soon be able to use a handheld device to determine whether a person has been using his or her cell phone while driving a car. Named after the breathalyzer device used to detect alcohol present in a driver’s blood, the “textalyzer” analyzes cellphone data and allows an officer to see when drivers last used their cell phone.
The “textalyzer” is plugged into a driver’s phone and allows officers to see if the driver was interacting with the phone while driving. The company behind the device, Cellebrite, claims that the “textalyzer” collects minimal data from a driver’s cellphone. For example, the “textalyzer” could tell an officer that a driver had sent a text message at 1:56 p.m., but the device would not tell the officer the content of that message. While this advance in road safety technology may aid officers in catching distracted drivers, the technology could infringe on privacy rights and violate the constitution.
Teens and Young Adults Face Serious Legal Consequences for Alcohol and Drug Use
by Jason Luczak and Steve McGaver
Alcohol and drug use by teenagers and young adults under age 21 is prevalent in Wisconsin. This conduct can have serious legal consequences, e.g., detectable levels while driving a motor vehicle; if arrested at a party that is raided; where firearms or fighting is involved; or controlled substances that are shared with a friend, who subsequently dies.
Recent Statistics on Alcohol and Drug Use
The Wisconsin Department of Health services (DHS) regularly collects data on substance use and abuse. Its 2016 Wisconsin Epidemiological Profile is revealing both for teenagers as well as adults. Findings include:
- 28 percent of those aged 12-20 years old reported alcohol use in 2013-2014. This exceeds the nationwide average of 23 percent.
What You Should Know About Rear-End Car Accidents
Being hit by another car from behind is a common type of car accident. Often, these accidents are caused by speeding or inattentive drivers.
According to 2014 data, rear-end crashes account for about one-third of all car accidents. In that year, there were almost 2 million rear-end accidents reported. Of those accidents, about 2,000 were fatal. Moreover, 522,000 of these accidents lead to bodily injury.
Is Fault Already Determined?
In most cases, fault will be attributed to the second car. Drivers are responsible for controlling their speed, being attentive, and following other cars from an appropriate distance for the driving conditions.
However, there are always exceptions, and it may be that the following vehicle is not responsible (or not fully responsible) for the accident. For example, if there was a defect with the roadway or signage, if the first car was driving erratically or did not have working brake lights, or if it is a multi-vehicle accidents, the second car may not be at fault.
Summer Time Daycare: How Does Your Child’s Care Program Stand Up?
Whether you have enrolled your child in a new child care program or your child continues to attend the same facility this summer, it is important to continually evaluate the quality of the care provided.
Not only is this critical to your child’s development but asking such questions could help you identify unsafe conditions that could injure your child.
How to Evaluate a Child Care Program
The Wisconsin Department of Children and Families suggests considering the following:
- What activities did my child participate in today?
- Does my child have a positive relationship with his caregiver?
- How has the outside play area been made safe?
- What does my child say about his or her day?
Are the Police Tracking My Phone?
By: Kenneth Baker and Raymond Dall’Osto
Law enforcement agencies across the country have employed a closely-guarded technology that simulates a cell phone tower. Known as Cell-Site Simulators or “Stingrays,” police can use this technology to secretly obtain information from every cell phone within at least a 650-foot radius, even when they are not in use. Stingrays pull in all cell phones in the vicinity, not just the targeted number, to obtain information with it without the cell phone user knowing. These Stingrays are portable and compact, capable of being placed in locations around the city.
Originally developed for use in NSA and national security investigations of terrorist operations over fifteen years ago, Stingrays are now regularly used by law enforcement agencies for spying on low-level marijuana dealers and other criminal suspects. “I am not aware of any case in which a (local) police agency has used a cell-site simulator to find a terrorist,” Electronic Frontier Foundation’s Jennifer Lynch said in December 2016.
Can I Get an OWI on a Bicycle?
By: Kenneth Baker
Now that it is officially summer, people in Wisconsin are once again enjoying the outdoors and the warm weather. This change of season sparks an interest for many to get out and enjoy the city in various ways. Some people enjoy playing volleyball at Bradford Beach, some swim in Lake Michigan, and some enjoy the beautiful parks we have here in Milwaukee. What happens though when you ride your bike to one of these locations and drink a few alcoholic beverages?
The State of Wisconsin has long recognized the dangers of driving under the influence of alcohol, dating back to 1911. The law then barred any intoxicated person from operating any automobile, motor cycle, or other similar motor vehicle. Through the years, the Wisconsin Legislature has altered the language of the law. But to this day, it remains largely the same. The current OWI statute generally bars any person from operating a motor vehicle while under the influence of an intoxicant. But, what does this mean for bicyclists?
Homicide Cases in Wisconsin
By Steven McGaver and Raymond Dall’Osto
In Wisconsin, the intent of the accused matters a great deal for most crimes. When someone dies at the hands of another, the government’s ability to prove that the accused acted with specific intent can be the difference between first-degree intentional homicide, a Class A felony and mandatory life imprisonment, and a lesser degree of homicide, including reckless or negligent homicide, which is not as severely punished.
Wisconsin has several homicide laws that can be applicable when the accused allegedly killed someone without intent. Generally in these non-specific intent cases, it must be proven beyond a reasonable doubt that the accused’s reckless or negligent conduct caused another to die, in order to be convicted. Some charges, such as under the Len Bias law (furnishing drugs) or homicide by intoxicated driving, veer perilously close to imposing strict liability, which can raise serious constitutional concerns.
Can I Challenge My Wisconsin Prenuptial Agreement?
If you are in the divorce process and your spouse is attempting to enforce a prenuptial agreement, there may be a way to challenge the agreement in whole or in part. However, in many cases, this will be an uphill battle—there are a limited number of grounds on which to challenge a prenup.
What is a Prenup?
A prenuptial agreement is a contract signed by two people before marriage. A prenup instructs a court on how to divide the assets and debts of the marriage upon the dissolution thereof.
Wisconsin is a community property state. Therefore, a court will presume that property acquired during the course of a marriage at the time of divorce is to be divided equally. However, a prenup is a method to opt out of the community property regime.
Summer Construction: Tips for Accident Prevention
With the weather getting warmer and daylight hours increasing, construction work is in full swing. This increase in construction sites also means an increase in possible dangers. Hence, it is important to beware of potential construction hazards which can lead to serious bodily injury or death.
Workers and construction companies should follow standard safety protocols in order to avoid accidents.
Examples of safety measures include:
- Daily safety meetings. Everyone working on a job site should meet daily to review site progress and changing circumstances. A construction site changes on a constant basis, and with each change comes new safety hazards. Changes also mean that new regulations will come into play. At the meetings, everyone should be reminded that safety is the top priority for all employees.
Employee Theft: Am I Stealing if I Take Home Work Supplies?
Stealing supplies from work may seem to some people like a perk of the job—even an action that no one will notice. However, this type of employee theft can be considered a crime. Taking money from your workplace is embezzlement. Workplace theft is a common problem for employers and retailers, and many have systems in place to detect it.
Whether it’s pens, paper, electronic devices, DVDs, thumb drives, petty cash or merchandise, taking home assets you do not own and haven’t pay for from your place of employment could result in your being terminated from employment and subjected to criminal charges, fines, possibly jail time, and civil restitution claims for treble and punitive damages.
Reasons Why Employees Steal from the Workplace
There are several reasons why employees take home office supplies and other valuables including the following, chief among which are:
