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Why You Will Never See a Sobriety Checkpoint in Wisconsin

 Posted on March 23, 2017 in DUI / OWI

Milwaukee DUI attorneys, sobriety checkpointWisconsin is one of 12 states that prohibit sobriety checkpoints. In Wisconsin, in order to be charged with Operating While Intoxicated (OWI), police must have probable cause that a law is being broken in order to pull over a vehicle.

The Legality of DUI Checkpoints

In the case Michigan Department of State Police v. Sitz, the U.S. Supreme Court determined that, if properly conducted, sobriety checkpoints were legal and did not violate the 4th Amendment, which guarantees protection from unreasonable searches.

Federal law and case law establish the lower limit on individual rights. States can decide if they would like to give citizens additional protections.

Guided by the U.S. Supreme Court, most states allow checkpoints. However, in 12 states, police do not conduct sobriety checkpoints, according to the Governors’ Highway Safety Association. Sobriety checkpoints in Wisconsin are prohibited by statute. In addition to Wisconsin, other states that do not allow checkpoints include Texas, Iowa, Michigan, and Minnesota.

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The 4 Most Dangerous Accidents for Workers at a Construction Site

 Posted on March 21, 2017 in Personal Injury

constuction accidents, milwaukee personal injury attorneyA construction site has many risks for workers. Employers have a duty to provide a safe working environment by following certain industry guidelines. According to the Occupational Safety and Health Administration (OSHA), one in five deaths on the job takes place on a construction site

OSHA has identified the "Fatal Four" accidents that lead to death for construction workers. These types of accidents account for about 65 percent of on the job deaths and lead to many workplace injuries:

  1. Falls. Falls are by far the most common cause of death at a construction site.
  2. Struck by an object. This incident can happen if netting and other safety measures are not followed.
  3. Electrocutions. Electrocutions can cause serious injury resulting in months of rehabilitation without full recovery.

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The Link Between Neck Injuries and Car Accidents

 Posted on March 16, 2017 in Car Accidents

car accident, neck injury, milwaukee car crash attorneyMany car accident victims, of even minor collisions, are often surprised when they experience neck pain; however, it is one of the most common injuries caused by motor vehicle accidents. A neck injury can affect healthy individuals and those who have had previous neck and back discomfort. 

How Neck Injuries are Sustained

There are two ways neck injuries are regularly sustained in auto collisions. First, the neck may become injured when the head strikes an object in the car such as a headrest or an airbag. The second way the neck may be injured is by an impact that causes the head to move forward and backward suddenly beyond the neck’s normal range of motion. This type of neck injury is known as whiplash. Whiplash is a type of soft tissue damage as it affects the muscles and ligaments of the neck.

Symptoms of Neck Injuries Sustained in a Car Accident

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4 Ways You Can Sustain a Serious Injury in the Office

 Posted on March 14, 2017 in Premises Liability

office injuries in wisconsin, milwaukee personal injury lawyerFactories, warehouses, and construction sites are all known for the dangerous conditions that put workers at risk. These job sites are typically subject to numerous rules and regulations to make them safer. However, serious injuries can also occur in an office setting that can interfere with your ability to work and enjoy life. If you have sustained a serious injury while working in an office, you may be entitled to compensation.

Common Office Accidents

  1. Slip-and-fall. Many office accidents are caused by an employee tripping or slipping on a hazard. In fact, this is the most common office injury. Common risks presented in an office setting include loose electrical cords, uneven surfaces, unmarked wet floors, poor lighting and unsecured carpeting. A slip-and-fall can result in back and spine injuries, broken bones, and head trauma. Often, these accidents are preventable by raising awareness of the risks and properly marking when there is a hazard.

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What Is the Punishment for Using a Fake ID to Buy Alcoholic Beverages in Wisconsin?

 Posted on March 09, 2017 in Criminal Defense

fake id in wisconsin, milwaukee criminal defense lawyerDrinking alcohol under age 21 as well as using a fake ID that states you are of age, is illegal. Fake ID charges can have far-reaching consequences and should be taken seriously. Those who are underage should be aware that mere possession of a fake ID—even if it belonged to an older sibling—is a crime. It is also a crime to present the fake ID to a bar, restaurant, or store in Wisconsin

Penalties Under Wisconsin Law

If it is proven beyond a reasonable doubt that you possessed or used a fake ID, you could face several penalties. Wisconsin law provides for a fine of $300 to $1,250, suspension of driving privileges for 30 to 90 days, community service, or any combination of these penalties. Exactly what sentence you receive will depend on the judge, your criminal history, and the severity of the offense. For example, if you were buying significant amounts of alcohol or were extremely inebriated at the time of your arrest, you may face harsher penalties. 

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The 4 Wisconsin Laws Cyberbullying May Implicate

 Posted on February 28, 2017 in Criminal Defense

cyberbullying crimes in wisconsin, milwaukee criminal law attorneyBullying is defined as behavior that is intended to cause intimidation, fear, or harm to others. "Cyberbullying" is a relatively new term for the same maltreatment except that it is perpetrated through the Internet or text messages. Cyberbullying may involve criminal charges in Wisconsin. If the accused is found guilty of a crime, fines and/or jail time may be imposed. 

Examples of Cyberbullying 

Due to the proliferation of Internet-enabled devices and social media platforms, there are numerous ways cyberbullying can occur, including: 

  • Sending threatening or malicious text messages, instant messages, or emails.
  • Blocking someone from e-mail or chat platforms for no reason.
  • Tricking someone into sharing embarrassing personal information and publishing the information to third party platforms.

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Follow These 5 Steps After a Semi-Truck Collision

 Posted on February 26, 2017 in Truck Accidents

semi truck accidents, wisconsin personal injury lawyersAccording to the Federal Motor Carrier Safety Administration (FMCSA), 138,000 people in the United States were injured in large truck and bus accidents in 2015.  The FMCSA also reports that 4,337 people died due to large truck and bus accidents in the same year. If you find yourself in an accident with an 18-wheeler, there are simple steps that you can take to protect your safety and a potential claim you may have against a truck driver or other related party.

1. Put your health first.

Immediately following an accident, you should not attempt to leave your vehicle until you are certain you can stand. Even if you find that you can walk, it is best to call for emergency medical help for a full examination. Truck accident injuries tend to manifest over time. Keep this in mind in the weeks after your accident, and maintain a log of how your injuries progress or resolve. It is critical that you participate in all medical treatment prescribed. Even if you are feeling better, continue to see your doctor as ordered.

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Learn Why Uber Has Not Lowered Drunk Driving Fatalities

 Posted on February 23, 2017 in DUI / OWI

ridesharing, drunk-driving, milwaukee criminal defense lawyersA recent study has found no significant reduction in drunk driving fatalities due to the rollout of the ridesharing app Uber. This comes as a surprise to many as Uber has been viewed as an option to traditional taxis and public transportation and often gives rides to those who have been drinking. The ridesharing company began offering services in Milwaukee in 2014, and it has become a popular way for many to get around town safely.

Explaining the Study

Researchers explained the counterintuitive results by pointing to several factors: 

1. Those who take Uber previously used taxis or public transit after a night out. 

2. Drunk drivers with impaired thought processes will opt to drive home for free and risk getting caught instead of paying for a ride. While it is estimated that there are 121 million drunk drivers on the road each year, only 1.1 million people are arrested in the United States annually.

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When Can Police Look Through Your Cell Phone?

 Posted on February 21, 2017 in Criminal Defense

cell phone, search warrants, wisconsin criminal defense lawyerCell phones are an integral part of modern life for most people. They have a large capacity for data storage and contain vast amounts of personal information. Mobile phones are also commonly used in the execution of crimes. For this reason, police officers often want to look through the phones of suspects. In doing so, they may not find the evidence they were initially seeking; however, any other incriminating information found on a cell phone could be the basis of additional charges.

Riley v. California Requires a Warrant for Cell Phone Searches

The U.S. Supreme Court determined that officers can search a cell phone only if they have a warrant. Specifically, in Riley v. California, the court reasoned that cell phones, with their vast storage abilities, need protection from police searches.

Searches authorized by warrants are preferred in the United States; however, there are several constitutional exceptions to the warrant requirement. For example, if the police arrested you for a crime, they can search your person. If you are carrying a concealed weapon without a license, there could be additional charges. 

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What Is Involved in an Effective Estate Plan?

 Posted on February 17, 2017 in Estate Planning

estate planning, milwaukee estate planning lawyerBy James Lewis

For most people, the idea of estate planning is something that sits at the end of their to-do lists. However, as Warren Buffett said, "Preparation is everything. Noah did not start building the ark when it was raining." Taking the time to seek the advice of a skilled estate advisor takes away the burden of anxiety, uncertainty, and unpreparedness.

The key feature of a well-planned estate is that your decisions and strategies become legally enforceable. To understand how these choices get memorialized, it is important that certain documents are prepared and signed. These documents allow you to prepare for the possibility of incapacity, minimize taxes, avoid the cost and delay of probate court and definitively control the distribution and allocation of your assets.

Documents Needed for a Secure Estate Plan

To ensure that your plan is effective, it is advised that you execute a revocable trust and pour-over will. These documents control the distribution of your assets to your loved ones once you have passed away. The revocable trust determines when and how your assets are transferred to beneficiaries. Meeting with an estate planning attorney to discuss your wishes and goals is the most effective way to put these legal documents into action.

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