Waukesha County alcohol court making the grade – JSOnline.

Woman Can’t Take Her Pet Monkey to Restaurants, Federal Judge Rules | ABA Journal – Law News Now.

Federal judge rules monkey may provide woman with comfort, but is not a service animal within the definition of the word. Reminds me of when my Dad tried to convince a postal worker our Schnauzer was a seeing eye dog. Great stuff.

Man Pleads Guilty to Driving Motorized La-Z-Boy Drunk — chicagotribune.com.

Only in Minnestota and I’m from Wisconsin. When I was younger, we would stop at a bar outside of Green Bay for a hamburger and a few pickled eggs after a morning of fishing. We would often see farm equipment of some type parked outside the tavern and two or three farmers would be inside having a drink before returning to work. We used to joke that you could always spot the fields that had been plowed in the afternoon because the rows were less and less straight.

This gentleman’s amusing story fortunately did not end in tragedy but offers a great opportunity to discuss the elements of the offense of OWI/BAC in Wisconsin. In order to obtain a  conviction, the prosecution must prove  that the accused 1) operated or drove (operation does not require actual driving but simply the ability to put the vehicle in motion keys in the ignition can be good enough) 2) A motor vehicle (the issue raised by this case) 3) on a public highway (any where that car or any other car can legally be not private property like the back 40) 4) while intoxicated.

The question raised by the case is whether a tricked out recliner is a motor vehicle for purposes of the statute.

Sec. 340.01(35) states,  “Motor vehicle” means a vehicle, including a  combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes,without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all-terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.

There have been a number of cases discussing the definition of the classification “motor vehicle” in the Wisconsin Appeals Courts.  It does not matter whether the vehicle can be registered or if it is in fact a true conveyance. Tractors and backhoes both fall under the statute. What could potentially separate this motorized chair is the speed it is capable of. The definition statutes that were cited in a few of the cases required that the vehicle be capable of speeds in excess of thirty miles per hour.  An experienced drunk driving lawyer can review this type of case with you and properly advise you as to what your options might be.

Judge Tosses Sheriff’s Suit Against Craigslist Over Prostitution Ads | ABA Journal – Law News Now.

National Collegiate Alcohol Awareness Week.

While most of my clients are not college students, I thought it worthwile to bring this to the readers attention. Binge drinking and drug use have been part of the college experience for many years. Many have developed troubling addictions that will affect their otherwise bright futures if not dealt with. Violations associated with drug or alcohol use and abuse can affect a career that one has gone to college to pursue. Many licensing boards frown on such brushes with the law. If you are using, get help. If you are in trouble, get help and speak to an experienced criminal lawyer.

Roberts: Decision could give drunk drivers ‘one free swerve’ – washingtonpost.com

The full Supreme Court said it would not review the 4-3 decision by Virginia’s high court that an anonymous tip about an allegedly drunk driver was not sufficient to give law enforcement a reason to stop the accused. In the instant case, a Richmond, Virginia police officer pulled over the defendant, Joseph A. Moses Harris Jr. based solely on an anonymous tip. The officer did not observe any erratic driving. The tip described the driver, the car and the direction he was traveling in. So the call was credible, yet would have been considered far more reliable if the caller was willing to be a witness. In Wisconsin, unidentified callers are scrutinized far more heavily than those where the caller is willing to participate in the prosecution of the offender.

If you are stopped for drunk driving as a result of a cell call you need to have this stop evaluated by an experienced OWI/DUI defense lawyer.

Most of us have been stopped for speeding or some other minor traffic offense. What most of us don’t know is what to do next. Many, through some sense of misplaced sense of accountability, will simply send in the fine and assume they have put the problems associated with a traffic ticket behind them. Nothing could be further from the truth. Convictions for many traffic offenses can result in consequences to your driving record, increased insurance premiums, even a suspended license in some cases.

The question is: now what? I speak to a large number of people who intend to go to their own court appearance and try to resolve the matter on their own. You can appear in court in most cases and get some type of plea offer from the prosecutor. The problem is that most individuals do not have the training or experience to determine whether the offer made is a good one. Many make their court appearance, get an unacceptable offer and then come see me. This is a particularly bad scenario as a prosecutor is far more likely to dig his or her heals in if they have already made an offer.

An experienced attorney can review your driving record and understand the consequences of the points associated with individual offenses before meeting with the prosecutor. In addition, a traffic lawyer can make arguments in favor or greater reduction based on valid legal issues. Many tend to take these situations personally. Perhaps the officer was unprofessional at roadside and left you with a bad taste in your mouth. Angry people tend to cause prosecutors to “circle the wagons” resulting in unfavorable resolutions.

Lastly, what if your goal is to litigate the citation? Despite the fact that minor traffic citations are treated less formally than felonies in the courtroom most of the basic of courtroom procedure apply. You need an experienced courtroom attorney to advance your defenses. Traffic ticket matters often involve technical challenges of scientific equipment. These are not cases which should be taken lightly.

In the end, even with seemingly minor offenses, you need to seek experienced counsel. in

In resonding to an automobile accident arresting officers recovered a zippered duffel bag containing two opened bottles of vodka. Despite the fact that there was no additional evidence of intoxicationadduced at the suppression hearing the lower court held that the evidence was admissible.

The appellate court wrote, “The problem with this reasoning is that there was no evidence, up to this point, that she had committed a crime.”

This is a great case supporting the rights of individuals to be free from unreasonable searches and seizure in Wisconsin. Sometimes, in our frustration with unfortunate statistics such as those which have been prevalent in the press lately, we rush to come up with fix’s. Let’s not forget the sacrifices of those who earned us these protections.

Police ?caretaker function? no basis to preserve evidence in non-emergency warrantless search | State Bar of Wisconsin

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The French have an uncanny gift for sarcasm and, it would appear, irony. I don’t know if I could try that case with a straight face. This guy will need an experienced drunk driving lawyer.

Frenchman arrested for driving drunk to police station – Yahoo! Canada News

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Eric Raskopf – Owner, Eric T. Raskopf, Attorney at Law

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