Phones answered 24/7 414-383-6700

Traffic Offenses

Home/Criminal Law/Traffic Offenses

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

Driving After Revocation

Driving After Revocation – Attorney Carlos Gamino

By Attorney Carlos Gamino

Driving after revocation of your license is a crime in Wisconsin – and so is operating a vehicle at all. It doesn’t matter why you lost your license; what matters is that you’re not supposed to be operating a motor vehicle when your driver’s license is revoked.

Why People Have Revoked Licenses

When your license is revoked, you can’t drive to work, school or to pick up your children. You’re essentially trapped at home until someone can come give you a ride. However, that doesn’t mean that if you have an “emergency,” you’re allowed to get behind the wheel. In fact, if you do, you’re going to face even more serious penalties – and it doesn’t even matter why your license was revoked in the first place.

Many people lose driving privileges due to OWI, although there are several other reasons – including failure to pay fines and fees.

Related: Operating after revocation

Driving After Revocation: What Can Happen?

If you’re caught operating a motor vehicle after your license is revoked, the court could sentence you to:

  • Up to a year in jail
  • Fines of up to $2,500
  • 6 more months of license revocation
  • Pay court costs

Driving is the same – you could spend a year in jail, pay fines and lose your license longer. You could also face additional penalties from the Department of Transportation. The law is very serious about operating after revocation (which includes driving) because generally, people who lose their driving privileges are considered dangerous on the roads.

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

Do You Need Legal Advice After Being Caught Driving After Revocation?

If the police caught you driving on a revoked license, we may be able to help you. While no two cases are the same, we’ll be able to provide you with advice tailored to your situation – and if we work together, we’ll help you get the best possible outcome. Call us today at 414-383-6700 to learn more.

Attorney Carlos Gamino

By |2020-02-16T13:22:14-06:00January 16th, 2020|Traffic Offenses|Comments Off on Driving After Revocation

Wisconsin Driver’s License Points

By Attorney Carlos Gamino

Wisconsin Driver's License Points - Attorney Carlos Gamino

When you get a ticket for a moving violation in Wisconsin, driver’s license points are assessed to your record – and if you accrue enough points, the state can suspend or revoke your driving privileges. So how can you tell how many points you have, and how many points you’re likely to accrue after a new ticket?

Wisconsin Driver’s License Points

If you receive a ticket, you don’t have to admit guilt – you can fight it. For many people, the best way to do that is to work with an experienced speeding ticket attorney in Wisconsin. Typically, attorneys can help you negotiate lower fines and demerit points, and in some cases, they’re able to make exchanges with judges (such as sending you to a driving course rather than having you pay the fines associated with your ticket).

If you simply accept the fines and fees and pay the ticket, you’re accepting responsibility. That’s when the state puts points on your driving record.

How Many Wisconsin Driver’s License Points Do You Get for Moving Violations?

The number of points the state adds to your record depends on the violation. Most violations result in two, three, four or six points. Check out the tables below to find out what violations result in each. (You can download a complete list here.)

Two- and Three-Point Offenses

PointsViolation
2Obstructing traffic
2Parking on the highway in a traffic lane
2Defective speedometer
2Defective or repaired handlebars (motorcycle only)
2More than two riders (motorcycle operator only)
2No eye protection (motorcycle operator only)
3Operating while privileges are suspended or revoked
3Arterial or traffic control violations
3Driving the wrong way on a one-way street
3Failure to dim brights
3Failure to signal properly
3Following too closely
3Illegal passing
3Improper brakes or lights
3Operating with an expired license (or no license at all)
3Operating with multiple licenses
3Prohibited or illegal turns
3Speeding 1 to 10 miles per hour over the limit
3Violation of restriction
3Possession of intoxicating beverage while operating, or being on duty time (commercial vehicle operators only)
3Unlawful commercial motor vehicle license or endorsement

Four- and Six-Point Violations

4Deviating from traffic lane
4Driving on the wrong side of a highway or street
4Failure to yield right-of-way
4Failure to yield to an emergency vehicle
4Imprudent driving, such as too fast for conditions or failure to keep control of the vehicle
4Inattentive driving
4Failure to stop for a school bus when red lights are flashing
4Speeding 11 to 19 miles per hour over the limit
4Unnecessary acceleration
4Speeding 15 to 19 miles per hour over the limit (commercial vehicles only)
6Attempting to elude an officer
6Failure to perform duty after an accident
6Operating under the influence of an intoxicant or drugs
6Reckless driving or racing
6Speeding 20 miles per hour or more over the limit
6Violation of occupational license
6Operating while disqualified (commercial vehicles only)
6Operating with an alcohol concentration between 0.04 and 0.08 while causing injury (commercial vehicles only)

Have You Been Accused of a Moving Violation That Will Result in Wisconsin Driver’s License Points?

We may be able to help you fight a moving violation. Call us at 414-383-6700 to find out how today.

Attorney Carlos Gamino

By |2020-03-27T20:22:54-05:00January 16th, 2020|Criminal Law, Traffic Offenses|Comments Off on Wisconsin Driver’s License Points

DUI Checkpoints in Wisconsin

DUI Checkpoints in Milwaukee - Carlos Gamino

By Carlos Gamino

Some states allow DUI checkpoints – even neighboring Illinois has plenty of them set up in and around Chicago, where they catch drunk drivers and process them through the state’s criminal justice systems. The U.S. Supreme Court has ruled that sobriety checkpoints are constitutional, which means they’re perfectly legal for police to set up and use.

But in Wisconsin, police have to have probable cause to believe that you’re breaking a law to pull you over – and that means we don’t have DUI checkpoints. The police have to see you weaving between lines, failing to use a turn signal, or exhibiting other behaviors on the road that make them suspect you’ve been drinking and driving before they can pull you over and check to see if you’re sober.

Instead of DUI checkpoints, police create task forces staffed with police who actively look for drunk drivers. The task forces watch for people operating while intoxicated during times that people are more likely to drive drunk, such as late weekend nights, in areas where there are frequent OWI arrests (like in areas that have a lot of bars and restaurants).

Here’s what to do if you’re nabbed by a Milwaukee OWI task force:

  • Remain calm. Don’t give the police any reason to say you’re not being cooperative.
  • Be polite and respectful.
  • Be very careful about what you say, because the police can (and will) use anything you say against you in court.
  • Be prepared to be arrested if you refuse to take a field sobriety test. If you’re arrested, you will still be required to submit to chemical testing to see if you have alcohol in your system. Chemical testing can include a breath test, blood test, or in rarer cases, a urine test.

Were You Arrested for OWI by a Drunk Driving Task Force?

If police arrested you for drunk driving, regardless of what your blood alcohol content was at the time you were tested, we may be able to help you.

Call our experienced Milwaukee OWI attorneys right now at 414-383-6700 for a free consultation. We’ll ask you some questions and answer all your questions, and we can begin building a defense strategy that gets you the best possible outcome.

Carlos Gamino

By |2019-11-27T22:28:29-06:00November 27th, 2019|Criminal Law, Traffic Offenses|Comments Off on DUI Checkpoints in Wisconsin

Drinking and Boating in Wisconsin: What You Need to Know

Is Drinking and Boating Illegal in Wisconsin - Carlos Gamino

By Carlos Gamino

Is drinking and boating illegal in Wisconsin?

Absolutely – and the penalties if you’re caught and convicted can be extremely harsh. The state considers drinking and boating such a serious crime because of the potential for someone to get hurt. It’s not uncommon for inebriated boaters to crash into other boats, slam into swimmers or hurt themselves out on the water, so the state created a serious set of penalties.

Drinking and Boating in Wisconsin: What You Need to Know

Wisconsin law prohibits anyone from operating a motorboat or waterskiing (or using other, similar devices on the water) if they’re under the influence of alcohol or drugs. The bottom line is that if you’re caught – and many people are – you could end up spending time in prison.

Drinking and Boating: Implied Consent

Any time you operate, or even attempt to operate, a watercraft or other vessel on Wisconsin’s waterways, you’ve given your implied consent to an alcohol or drug test. What that means is that if you try to operate a watercraft, you’re telling the police that you’ll submit to testing if they think you’re under the influence.

If your blood alcohol concentration is 0.08 percent or greater, or if you’re under the influence of an intoxicant or controlled substance, it’s illegal for you to:

  • Operate a motorboat
  • Use waterskis
  • Use a surfboard
  • Use a tube
  • Use another type of device

If you’re caught drinking and boating, you can face the same penalties you would face if you were operating a motor vehicle in the same conditions. You could end up going to jail, paying fines, and having your boat impounded.

Do You Need to Talk to a Lawyer in Milwaukee About Drinking and Boating Charges?

If you’ve been charged with BUI, which stands for boating under the influence, we may be able to help you. Call us right away at 414-383-6700 or get in touch with our BUI lawyers online. We’ll answer your questions and help you start moving forward.

Carlos Gamino

By |2019-11-27T21:50:13-06:00November 27th, 2019|Criminal Law, Traffic Offenses|Comments Off on Drinking and Boating in Wisconsin: What You Need to Know

Do You Have Rights When You’re Pulled Over by Police?

What Are Your Rights When Pulled Over by the Police - Carlos Gamino

By Carlos Gamino

Many people aren’t sure about their rights when they’re pulled over by police. However, you do have rights – and it’s up to you to decide whether to exercise them. If you believe police violated your rights and then charged you with a crime, you may want to talk to a criminal defense attorney in Milwaukee immediately.

 What Are Your Rights When Pulled Over by the Police?

When you’re pulled over by police, the U.S. Constitution guarantees you certain rights. That’s true whether you’re the driver or the passenger. You have these rights even if you’re not a U.S. citizen or you’re here without the proper documentation.

You have the right to remain silent, and if you’re a passenger, you have the right to ask if you’re free to leave.

Your Right to Remain Silent

Most traffic stops are pretty routine, though, and often result in a ticket or a warning. Police may pull you over because they suspect you’ve committed an actual crime (rather than a traffic violation, like failing to use your turn signal), or they may suspect you’ve committed a crime (or you’re in the process of committing a crime) after they stop you for something else.

You don’t have to say anything. However, if you do choose to exercise your right to remain silent, you do have to let police know verbally. You can say, “I want to use my right to remain silent.”

If you’re pulled over, your best bet is to:

  • Stay calm
  • Keep your hands on the steering wheel
  • Don’t reach for your ID or any of your documentation until the police officer says it’s okay to do so
  • Be respectful, even if you’re only telling the police that you want to use your right to remain silent

You can always answer the officer’s questions if you choose to, though. Just be careful not to admit guilt. For example, if the police officer asks, “Do you know why I pulled you over?” you can say, “Can you tell me?” If the police officer says, “I clocked you doing 50 in a 40 mile-per-hour zone,” you should say, “I see,” or “I understand.”

Your Right to Ask if You’re Free to Leave

If you’re the passenger in a vehicle and the driver is pulled over, you can ask the police if you’re free to leave. As long as police aren’t arresting you, you have the right to leave – and you should absolutely do so silently.

Do You Need to Talk to a Lawyer About a Violation of Your Rights or Being Charged With a Crime?

If you believe police pulled you over and illegally obtained evidence to charge you with a crime, we may be able to help you.

Call us at 414-383-6700 to tell us about your situation. We’ll ask you some questions (and answer yours), and if you’ve been charged with a crime, we can build a defense that gets you the best possible outcome.

Carlos Gamino

By |2019-11-27T21:35:32-06:00November 27th, 2019|Criminal Law, Traffic Offenses|Comments Off on Do You Have Rights When You’re Pulled Over by Police?