My son was given a release date from jail and he thought it was wrong so he kept contacting the jailers to have them get it corrected to the right date. They kept coming back and saying it was correct. Well in the middle of the night they came to tell him he could be released but that he should of been let out 7 days earlier, so my son was correct. Now, I'm wondering if he can get some kind of restitution for serving more days than he had to ?? This is terrible, having to sit and extra 7 days when he could of gotten out, if only they would rechecked like my son wanted him to.
This is really a question for a civil litigation attorney. You should repost your question in that section.
I want to fight the fine in court because I don't think it's right since WI law says you can drink under 18 at home with a parent. I had friends over who brought their own beer given to them by their own parents. My parents were home but didn't know we had beer outside so when the police showed up we all received fines for underage drinking. My parents sometimes allow me to drink but never while around my friends or when out only at home. Can I still get a fine for this even though my parents didn't supply the beer?
The applicable statute is Wis. Stat. s. 125.07(4)(b).
Wis. Stat. s. 125.07(4) Underage persons; prohibitions;...
I am a college student who was arrested for a 4th offense OWI( within 5 yrs) making my case a felony. The police obtained a blood sample and subsequently sent it off for further analysis at the Crime Lab. They found out already that there was no alcohol in my system at the time of the arrest. The Crime Lab already has indicated that this is true. Does having illegal substances in your blood make the charges any different (looked upon less severely than alcohol) ? But the prosecutor says he is waiting to get the blood work back. I have been to court a few times already but the prosecutor filed to dismiss the case without prejudice. Am I suppose to think that the case is settled? Do I need to pursue other avenues of 'suppressing' the blood sample?
Restricted controlled substance violation cases can be harder to defend, and are treated just as harshly as cases where...
work and they put me in the station for blood test but i am afraid of needles so they told me after that i failed the test so thats why i got the ticket for dui do i have chance if i got in court to reduce the ticket and not to put ito my record ?
You have little to no chance to get it reduced without an attorney. OWI cases are complex. Consult with an OWI attorney...
I know someone who is charged with a 5th OWI but the first 2 convictions are from 1989 and 1991. The fourth OWI charge is from another state that dropped the ball on finishing an OWI conviction back from 2005. It appears district attorney is making this a 5th OWI to convict as a felony.
The ten year look back only applies to second offense OWI offenses.
For example, if a person had been convicted of...
Statutes says the court must notify DOT within 5 days of OWI conviction. 343.31 says the department "shall" revoke a person's license "upon receipt" of notice from the court. 343.10(9) says the department "shall" inform a person of their right to apply for an occupational license.
If it can be shown the defendant was prejudiced because the court/department did not comply with these statutes, is this a defense to the element of OAR that the driver's license was "duly" revoked?
If so, how should this be raised with the court?
Allegedly, DMV didn't send notice of rev for over 75 days after the alleged judgment. Only notice for occupational license on DMV standard notice is basically "go to our website and search for "Occupational License"".
Would raising this issue be frivilous?
I don't know where you're getting the "duly" language for, but that's not really an element of an OAR. The elements are:...