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3 Possible OWI Defenses Your Attorney Might Use

3 Possible OWI Defenses Your Attorney Might Use - Carlos Gamino

By Carlos Gamino

If you’re like many people, you know that an OWI conviction can be devastating – but is it even possible to defend against one? For most people, the best way to defend themselves against these types of charges is to work with a knowledgeable, experienced attorney who can help.

3 Possible OWI Defenses Your Attorney Might Use

Your attorney can help defend you against OWI charges in court. Every case is different, but there are several ways your attorney may choose to defend you. Some of the most common OWI defenses include:

  • Breath test errors
  • Lack of probable cause
  • Unreliable field sobriety tests

Here’s a closer look at each.

Breath Test Errors in OWI Cases

Breath tests aren’t perfect. In fact, they make some common errors – and your attorney may choose to bring them up in your case. Some of the most common problems with tests that measure the alcohol on your breath include:

  • Calibration errors
  • Interference from radio frequencies
  • Your own physiological and medical conditions
  • Failure (on the police’s part) to properly maintain the system

These tests don’t measure the amount of alcohol in your blood, but only the alcohol in your blood (not the alcohol on your breath) can impair you. They don’t demonstrate your blood alcohol concentration, which can work in your favor in court.

Lack of Probable Cause in OWI Cases

Sometimes police don’t have probable cause to stop you, and sometimes they don’t have enough of a reason to legally arrest you. Really, whether an arrest is legal depends on the facts the police officer has when he or she chooses to arrest you. Some things can indicate that you’re impaired, like glassy or bloodshot eyes and difficulty with balance, but those things can be attributed to other causes, too. If that’s the case in your situation, your attorney may argue that your stop or arrest was unjustified.

Unreliable Field Sobriety Tests in OWI Cases

Field sobriety tests aren’t really accurate predictors of whether you’re impaired. Even when these tests are administered properly, they’re not right often enough. You may be asked to walk in a straight line, recite the alphabet backward or balance on one foot – but there are people who can’t do those things when they’re not impaired, as well.

What Should You Do if You’re Accused of OWI?

An OWI conviction can change your life, so generally, it’s a good idea to get legal advice from an experienced OWI lawyer. Call our office at 414-383-6700 today to find out how we can help you.

Carlos Gamino

By |2020-09-19T14:16:13-05:00October 26th, 2020|Criminal Law, Traffic Offenses|Comments Off on 3 Possible OWI Defenses Your Attorney Might Use

Will You Go to Jail for OWI, 2nd Offense?

OWI Second Offense - Carlos Gamino

By Carlos Gamino

An OWI (second offense) is a serious crime in Wisconsin, and if the state convicts you, you’re facing serious penalties. Each OWI you get here stays on your record, too, because the state wants to know if you’re a habitual offender. The penalties for your second OWI are tougher than your first, and if you get more OWIs in the future, the penalties continue to increase in severity.

Will You Go to Jail for OWI, 2nd Offense?

You might go to jail for your second OWI. It depends on how long it’s been since your last OWI and whether anyone was hurt when you committed your first offense.

OWI Second Offense With No Prior OWI Within 10 Years

If it’s been 10 years or more since your first OWI, you most likely won’t go to jail for your second OWI – unless someone’s hurt or you had a minor under the age of 16 in the vehicle with you. You will, however, lose your driver’s license for 6 to 9 months. You’ll also have to pay a fine between $150 and $300, and pay an OWI surcharge of $435. You’ll also have to put an ignition interlock device on your vehicle (at your own expense) or attend a 24/7 sobriety program for a year.

Related: Criminal traffic offenses in Wisconsin

The consequences change if you have a minor under the age of 16 in the car with you at the time of the offense. You’ll face all the same penalties as you would for a standard OWI second offense, but you could spend between 5 days and 6 months in jail.

If someone is hurt or killed as a result of your OWI, you’ll face more serious consequences:

  • Causing injury: Fines of up to $10,000, up to 6 years in prison, and license revocation for 1 to 2 years plus the time of your confinement
  • Causing great bodily harm: Fines of up to $25,000, up to 12 years and 6 months in prison, and license revocation for 2 years plus the time of your confinement
  • Homicide: Fines of up to $100,000, up to 40 years in prison (it would be 25 if this was your first offense), and license revocation for 5 years plus the time of your confinement

OWI Second Offense With a Prior OWI Within 10 Years, or Great Bodily Harm or Homicide at Any Point in Your Past

If your last OWI was within the past 10 years, if your first OWI caused someone great bodily harm, or if you were convicted of homicide related to your OWI, you’ll pay fines between $350 and $1,100. You’ll have to pay the $435 OWI surcharge, too. You’ll lose your license for 12 to 18 months, and you’ll have to have an ignition interlock device put on your vehicle. You could spend between 5 days and 6 months in jail. In some cases, judges offer the Safe Streets option, but that’s something you’ll have to talk to your OWI attorney about.

Related: 5 things you need to know about drunk driving causing injury

Do You Need to Talk to an OWI Attorney in Wisconsin?

If you’re accused of OWI, whether it’s your first, second or subsequent offense, we may be able to help you. Call us as soon as you can at 414-383-6700 to schedule your free consultation with an OWI attorney now.

Carlos Gamino

By |2020-05-16T17:54:31-05:00July 20th, 2020|Criminal Law, Traffic Offenses|Comments Off on Will You Go to Jail for OWI, 2nd Offense?

What to Do if You’re Charged With OWI Causing Great Bodily Harm

By Attorney Carlos Gamino

OWI Causing Great Bodily Harm - Carlos Gamino

The state of Wisconsin takes drunk driving charges seriously, whether it’s a first offense or a tenth offense. But if you’re charged with OWI causing great bodily harm, you could spend the next several years in prison.

Here’s what you need to know.

What to Do if You’re Charged With OWI Causing Great Bodily Harm

You’ll spend time behind bars if the state convicts you of OWI causing great bodily harm. You can be under the influence of alcohol or drugs – the method of your intoxication doesn’t matter. Under Wisconsin law, great bodily harm is defined this way:

“Bodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.”

These are the penalties for OWI causing great bodily harm in Wisconsin:

  • Fines of up to $25,000
  • A $435 OWI surcharge
  • Up to 12.5 years in prison
  • License revocation for 2 years plus the length of your confinement
  • Mandatory ignition interlock device (at your own expense) if it is not your first offense or if your body’s alcohol concentration was 0.15 or higher at the time of the offense or a 24/7 sobriety program required for 1 to 5 years plus confinement length

If you’re charged with OWI causing great bodily harm, you may want to talk to a Milwaukee OWI attorney right away. Because the penalties for this type of OWI are so serious – even if it’s your first offense – you can benefit from legal guidance.

Don’t talk to police. Don’t answer any questions, and don’t walk into the courtroom for your arraignment (when the judge reads you your formal charges) without weighing your legal options first. A guilty plea, even if you are guilty, may not be the best choice for you. Get legal guidance first. You have the right to call an attorney from jail, and you have the right to legal representation.

Do You Need to Talk to an OWI Attorney?

If you’ve been accused of OWI causing great bodily harm, we may be able to help you. Call us as soon as you can. We’re available at 414-383-6700. We can also talk to you if you’re calling on behalf of someone who’s in jail.

Attorney Carlos Gamino

By |2020-05-16T18:06:56-05:00July 14th, 2020|Criminal Law, Traffic Offenses|Comments Off on What to Do if You’re Charged With OWI Causing Great Bodily Harm

OWI First Offense: What You Need to Know

By Carlos Gamino

An OWI (first offense) in Wisconsin is serious, and it’ll stay on your record forever. However, it’s a civil offense, so it’s treated more like a traffic violation than a crime in most cases. You’ll lose your driver’s license, pay a fine (between $150 and $300) and pay a $435 OWI surcharge. There are some things that can make a first-offense OWI even more serious, though.

OWI, First Offense: What You Need to Know

An OWI conviction, even if it’s your first offense, is serious – most importantly because it stays on your record forever. That means if you get another OWI in the future, the state will treat it like your second offense; likewise, your third and subsequent offenses will keep racking up, and the penalties for each are more severe than the last.

Here are three things you need to know about OWI, first offense:

1. You will lose your driver’s license.

2. You’ll pay fines and an OWI surcharge.

3. You may have to have an ignition interlock device put on your vehicle.

Here’s a closer look at each.

#1. Revocation of Your Driver’s License

If a judge convicts you of operating while intoxicated, even if it’s your first offense, you’re going to lose your driver’s license for 6 to 9 months. You’ll also lose your commercial driver’s license. However, you may be eligible to apply for an occupational license. An occupational license is a restricted driver’s license that lets you drive to and from work, as well as a small number of other places, during certain times.

Related: Wisconsin OWI information

#2. Fines and the OWI Surcharge

The state of Wisconsin imposes fines on people convicted of OWI for the first time. You’ll pay between $150 and $300 in fines, and you’ll also have to pay a $435 OWI surcharge. (For the record, every OWI case includes that surcharge.)

#3. Ignition Interlock Devices

If your body’s alcohol concentration is 0.15 or more and you’re convicted of OWI as a first offense, you’ll have to get an ignition interlock device installed (at your expense) in your vehicle or participate in a 24/7 sobriety program for one year.

Do You Need to Talk to an OWI Attorney?

If you’re accused of OWI and it’s your first offense, we may be able to help you. Call us at 414-383-6700 today to schedule a consultation with an experienced and knowledgeable OWI attorney today.

Carlos Gamino

By |2020-05-16T18:31:54-05:00July 6th, 2020|Criminal Law, Traffic Offenses|Comments Off on OWI First Offense: What You Need to Know

OWI in Wisconsin

OWI in Wisconsin - Carlos Gamino

By Carlos Gamino

Operating while intoxicated – the legal name for drunk or drugged driving – is a very serious offense, and it’s something that will stay on your criminal record. The legal process surrounding OWI can be confusing, so we’ve put together this OWI in Wisconsin FAQ. If you don’t see your question answered here, or if you need to talk to an attorney because you’ve been charged with OWI, call us right away at 414-383-6700 to schedule a free consultation with an attorney.

FAQ on OWI in Wisconsin

Because there’s a lot of misinformation floating around about OWI – and because Wisconsin is different from many other states when it comes to drinking and driving – it’s a good idea to check out these frequently asked questions.

What is an OWI in Wisconsin?

OWI is short for operating while intoxicated, and it can mean that you were under the influence of alcohol or drugs. If the police arrest you for OWI, there’s a very good chance that you’ll spend the night in jail and lose your driving privileges. For most people, the best thing to do is get in touch with an OWI attorney as soon as possible.

Is OWI a Felony in Wisconsin?

Unlike other states, a first-offense OWI, provided that you didn’t hurt anyone and that you didn’t have a child under the age of 16 in the vehicle with you, is not a felony in Wisconsin. Instead, it’s treated as a traffic violation. You’ll lose your driver’s license for 6 to 9 months, and you’ll be fined between $150 and $300 (plus you’ll have to pay a $435 OWI surcharge), if it’s your first offense.

Second-offense OWI is a misdemeanor, and you could spend up to 6 months in jail and pay fines. You’ll also lose your driver’s license for at least 12 months.

Third-offense OWI can be a felony, and you could spend between 45 days and 2 years in jail or prison. You’ll also have to pay serious fines.

Fourth-offense and subsequent OWIs are felonies in Wisconsin.

What Are the Penalties for OWI in Wisconsin?

The penalties for OWI in Wisconsin depend on how many prior OWIs you have had, whether or not you were traveling with someone under the age of 16 in the vehicle, and whether anyone was hurt. This table shows the basics:

ConvictionFine/ForfeitureJail or PrisonLicense Revocation
First Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense$150 to $300, plus $435 OWI surchargeNo6 to 9 months
Second Offense with prior OWI within 10 years, or prior OWI with great bodily harm or homicide by intoxicated use offense at any time in the past$350 to $1,1005 days to 6 months12 to 18 months (plus the amount of time served in jail)
Third offense$600 to $2,00045 days to 1 year2 to 3 years (plus the amount of time served in jail)
Fourth offense$600 to $10,00060 days to 6 years2 to 3 years (plus the amount of time served in prison)
Fifth and sixth offense$600 to $25,000Up to 10 years2 to 3 years (plus the amount of time served in prison)
Seventh, eighth or ninth offenseUp to $25,0003 to 12 years and 6 months2 to 3 years (plus the amount of time served in prison)
Tenth or subsequent offenseUp to $50,0004 to 15 years2 to 3 years (plus the amount of time served in prison)
Causing injury with no prior OWI offense or chemical test refusal$300 to $2,00030 days to 1 year1 to 2 years (plus the amount of time served in jail)
Causing injury with a prior OWI or chemical test refusalUp to $10,000Up to 6 years1 to 2 years (plus the amount of time served in prison)
Causing great bodily harmUp to $25,000Up to 12 years and 6 months2 years (plus the amount of time served in prison)
HomicideUp to $100,000Up to 25 years5 years (plus the amount of time served in prison)

What’s the Difference Between DUI and OWI in Wisconsin?

DUI means driving under the influence, and OWI means operating under the influence. In Wisconsin, you don’t have to be driving for the police to arrest you for OWI; you can simply be sitting in the driver’s seat of a car that’s running and not moving. The bottom line is that with a DUI, the vehicle must be moving; with an OWI, it can be parked.

How Long Does an OWI Stay on Your Record?

An OWI will stay on your record forever in Wisconsin. That means if you had a first-offense OWI two decades ago, it’s still there – and if you’re arrested for OWI again, it will be your second offense. OWIs never “fall off” your record.

Do You Need to Talk to a Lawyer About an OWI in Wisconsin?

If you’ve been accused of OWI in Wisconsin, we may be able to help you. Call us right away at 414-383-6700 to schedule a free consultation with a drunk driving lawyer today.

Carlos Gamino

By |2020-05-16T18:03:02-05:00July 4th, 2020|Criminal Law, Traffic Offenses|Comments Off on OWI in Wisconsin

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly Conduct and Road Rage Charges in Wisconsin - Carlos Gamino

By Carlos Gamino

A road rage incident can lead to disorderly conduct charges in Wisconsin – and it happens every day on our roadways, from Milwaukee and Waukesha to Madison, Green Bay and La Crosse. Typically, road rage is defined as a type of extreme, aggressive anger between drivers that leads to an incident.

So what happens if you get road rage charges? Here’s what you need to know.

Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

Disorderly conduct is a crime in Wisconsin, and many people call it a “catch-all.” That’s because virtually anything a person does that disturbs the peace can count as disorderly conduct.

The law defines it this way: “Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

Related: Can you be charged with disorderly conduct for fighting?

That means you don’t even have to get into a fight, cause any damage or harm, or get into a car accident to be charged with disorderly conduct as it relates to a road rage incident. Essentially, you can get road rage charges in Wisconsin for things like:

  • Yelling
  • Verbally insulting someone
  • Making rude or insulting gestures
  • Threatening violence
  • Trying to intimidate another driver
  • Having a physical confrontation with another driver
  • Performing aggressive driving maneuvers (like tailgating, swerving in and out of traffic, and blocking other drivers)

Keep in mind that if you get into a physical confrontation with another driver, you can be charged with a battery offense on top of disorderly conduct. Each comes with its own penalties

Do You Need to Talk to a Lawyer About Road Rage Charges?

Road rage charges can be serious, so it may be a good idea for you to call an attorney. We’re available at 414-383-6700 – just call now for your free consultation.

Carlos Gamino

By |2020-02-16T13:05:41-06:00March 22nd, 2020|Criminal Law, Traffic Offenses|Comments Off on Road Rage Charges: A Type of Disorderly Conduct in Wisconsin

How to Fight a Speeding Ticket in Wisconsin

How to Fight a Speeding Ticket in Wisconsin - Carlos Gamino

By Carlos Gamino

Can you fight a speeding ticket in Wisconsin? Of course you can – but for some people, pleading “not guilty” to an offense means working with a Milwaukee traffic ticket attorney. You may be able to get a ticket dismissed.

Related: Wisconsin speeding tickets: The basics

How to Fight a Speeding Ticket in Wisconsin

If you’re like many people, you can contest a speeding ticket. However, you do need to know that Wisconsin law treats speeding very seriously, and that the circumstances surrounding your ticket can affect the way a judge looks at it. For example, we have an “absolute speed limit” law. That means if you’re going even a few miles per hour over the speed limit, a police officer can pull you over and ticket you – and it can be really tough to fight that kind of ticket in court. (That’s why many people choose to work with an attorney.)

On the other hand, though, the police can ticket you for “imprudent speed,” and that’s more subjective.

What is Imprudent Speed, and How Can You Fight a Ticket for It?

In Wisconsin, you cannot “drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.” That means if road conditions are less than perfect – such as when it’s raining or snowing – you have to slow down so you’re driving an “appropriate” speed. However, that can be subjective.

How Much Does a Speeding Ticket Cost in Wisconsin?

Speeding tickets can cost anywhere between $200 and $800, with some variation in both directions. When you pay for a ticket, which means you’re admitting guilt, you’re not just paying the fine. You’re also paying:

  • Court support services fees
  • Court costs
  • Crime lab and drug assessment fees (for most tickets)
  • Penalty assessment
  • Jail assessment
  • Justice information system fees

It’s about more than money, though. If you’re guilty of a speeding offense, you’ll get demerit points on your driver’s license – and if you get enough points, the state of Wisconsin can revoke your driver’s license.

Do You Need to Talk to a Lawyer About How to Fight a Speeding Ticket in Wisconsin?

If you’ve been hit with a speeding ticket, we may be able to help you. Call us at 414-383-6700 for a free case review now.

Carlos Gamino

By |2020-02-16T13:09:03-06:00March 16th, 2020|Traffic Offenses|Comments Off on How to Fight a Speeding Ticket in Wisconsin

What You Need to Know About Hit and Run in Wisconsin

Hit and Run in Wisconsin - Carlos Gamino

By Carlos Gamino

A hit and run conviction is serious – and you could end up spending time in prison over it. For most people charged with hit and run in Wisconsin, it’s a good idea to talk to an attorney who can develop a strategy that gets the best possible outcome.

What is Hit and Run in Wisconsin?

In the state of Wisconsin, a jury can convict you of hit and run if you:

  • Operated a vehicle involved in an accident on a highway
  • Knew the vehicle you operated was involved in an accident that involved a person or an attended vehicle
  • Had an accident that resulted in someone’s injury or death, or damage to a vehicle
  • Didn’t stop immediately at the scene of the accident (or return to it as soon as possible) and stay until you gave your name, address, and registration number to the injured party or showed your driver’s license to the injured party, or rendered assistance, or until the authorities arrived

What Are the Penalties for Hit and Run in Wisconsin?

If a jury convicts you of hit and run, you’re facing serious consequences. However, the consequences depend on the injuries the hit and run caused. For example, if your accident caused:

  • Injury, but not great bodily harm, you could go to jail for up to 9 months and pay fines of up to $10,000
  • Great bodily harm, you could go to prison for up to 15 years and pay fines of up to $50,000
  • Death, you could go to prison for up to 25 years and pay fines of up to $100,000

This is why most people choose to consult with a criminal defense attorney after being charged with hit and run.

Related: Felony traffic offenses in Wisconsin

Do You Need Legal Advice About Hit and Run Charges in Wisconsin?

If you need legal advice, contact us online or you can call us at 414-383-6700 for your free consultation. We help people involved in hit and run accidents, drunk driving, and many other vehicle-related crimes, so call us today and find out how we can help you, too.

Carlos Gamino

By |2020-02-16T11:58:22-06:00March 6th, 2020|Criminal Law, Traffic Offenses|Comments Off on What You Need to Know About Hit and Run in Wisconsin

Wisconsin Speeding Tickets: What You Need to Know

Wisconsin Speeding Tickets - Attorney Carlos Gamino

By Attorney Carlos Gamino

Wisconsin speeding tickets can carry some hefty fines – and if you’re like most people, you’re dreading cutting that check to the state. It doesn’t matter whether you live in Waukesha and were pulled over in Milwaukee or you live out of state and got a ticket anywhere in Wisconsin; what matters is that there may be a way for you to fight your ticket and win.

Wisconsin Speeding Tickets: What You Need to Know

Speeding is a serious issue in Wisconsin, and tens of thousands of people end up in trouble each year over driving too fast. Wisconsin has an “absolute” speed limit. That means if you’re going even one mile per hour over the limit, the police can pull you over and give you a ticket – and it can be hard to fight that ticket in court.

What is Imprudent Speed?

When you’re driving on a Wisconsin roadway, you have to adjust for weather conditions. For example, if it’s snowing outside and it’s cold enough for water to freeze, you are responsible for slowing down enough to be safe.

How Much Does a Speeding Ticket Cost?

Speeding tickets can be expensive. The most common fines range between $200 and $800. When you get a ticket, the fine amount is usually printed right on it – and you’ll have to pay additional fees, too, such as:

  • Court support services fees
  • Court costs
  • Crime lab and drug assessment fees, which are charged for nearly all violations
  • Penalty assessments
  • Jail assessments, which are charged at a minimum of $10
  • Justice information system fees

If you’re also found to be driving under the influence, you’ll pay additional fees – and you’ll be subject to criminal penalties.

It’s not only about the fees, though. Often, when you get a speeding ticket, your insurance rates go up. That can really add up over time.

Do You Need Help With a Speeding Ticket?

Many people are able to fight speeding tickets and win – and if you’d like to find out whether that’s possible in your case, call us at 414-383-6700.

Attorney Carlos Gamino

By |2020-02-16T13:20:23-06:00January 18th, 2020|Traffic Offenses|Comments Off on Wisconsin Speeding Tickets: What You Need to Know

How to Get Out of a Speeding Ticket in Wisconsin

How to Get Out of a Speeding Ticket in Wisconsin - Carlos Gamino

By Attorney Carlos Gamino

When you get a speeding ticket, you have to pay the fine for the offense and a variety of other fees – and the average ticket costs somewhere between $200 and $800. For many people, a speeding tickets means a spike in car insurance rates, too. That’s probably why many people ask us how to get out of a speeding ticket in Wisconsin.

Here’s what you need to know.

How to Get Out of a Speeding Ticket in Wisconsin

First things first: You don’t have to accept responsibility for speeding just because a police officer gives you a ticket. You may be able to fight the ticket in court under Wisconsin law – and you can hire an attorney to help you.

Sometimes, attorneys can argue that a police officer’s speed-tracking equipment is faulty or unreliable, or that the officer wasn’t properly trained to use it. In other cases, witnesses can provide testimony that contradicts the police officer’s report. It’s sometimes possible to negotiate the penalty on a ticket, too, which means you may have to admit to committing the traffic offense in exchange for a lower fine or keeping points off your license. Your Wisconsin traffic ticket lawyer may even be able to convince the judge to let you take a driving course in exchange for dropping the ticket against you. However, there are no guarantees – every case is different, and there’s no way to predict how a judge will rule.

What About Points for Moving Violations?

When you’re ticketed for speeding (or any number of other traffic violations), the Wisconsin Division of Motor Vehicles assigns “demerit points” to your license. If you get enough points attached to your license, the state will suspend or revoke your driving privileges. Here’s a quick breakdown on what happens when you accrue a certain number of points:

  • 12 to 16 points: Your driver’s license is suspended for 2 months
  • 17 to 22 points: Your driver’s license is suspended for 4 months
  • 23 to 30 points: Your driver’s license is suspended for 6 months
  • More than 30 points: Your driver’s license is suspended for a year

The state chooses how many points to put on your driver’s license based on the type of violation you committed. These are common speeding points:

  • 1 to 10 miles per hour over the limit: 3 points
  • 11 to 19 miles per hour over the limit: 4 points
  • 20 miles per hour or more over the limit: 6 points

You can’t drive on a suspended license, either – that’s a crime.

Related: What happens if you drive when your license is revoked?

Are You Looking for More Information on How to Get Out of a Speeding Ticket?

If you’ve been cited for a moving violation – speeding or otherwise – we may be able to help you. Call us right now at 414-383-6700 to find out how.

Attorney Carlos Gamino

By |2020-02-16T13:21:11-06:00January 17th, 2020|Traffic Offenses|Comments Off on How to Get Out of a Speeding Ticket in Wisconsin