Traffic Offenses Archives - Page 2 of 6

5 Traffic Violations That Lead to Car Accidents

By Tedia Gamino

Each year more than 32,000 people are killed and 2 million are injured in motor vehicle crashes, according to the CDC. In fact, every day 29 Americans die at the hands of drivers who are charged for DUI.

Avoid these five traffic violations that typically lead to car accidents:

Distracted driving
Speeding
Road rage
Running a red light
OWI, DWI, DUI

Here’s a closer look at each violation.

#1. Distracted Driving

When driving, you should give the road and surroundings your undivided attention. Distracted driving is considered one of the top causes of car accidents in the U.S. Engaging in activities like texting, talking on the phone, eating, and grooming while you’re driving takes your focus away from the highway, and can lead to serious accidents.

#2. Speeding

You may speed for many reasons. You might be late for work or an appointment, trying to keep up with traffic, or even experiencing a personal emergency. Whatever the reason, speeding not only endangers your life, but the lives of others on the road.

Speeding in Wisconsin is on the rise. Researchers at the University of Wisconsin-Madison saw an increase in speeding when pandemic shutdowns in early 2020 substantially reduced highway traffic. By mid-2021, though, road traffic had climbed back to levels before the pandemic—but the average vehicle speed did not throttle back.

#3. Road Rage

Road rage can involve criminal intimidation or violence on the highway. One’s anger toward another motorist might result in tailgating, weaving in and out of lanes and causing near-collisions, making rude gestures, or even competing for a space in a parking lot. Road rage only makes driving conditions more unsafe.

#4. Running a Red Light

Although you may be in a rush, or think you can zip through an intersection when the light has just turned red, running a red light can prove to be a fatal traffic violation. Many motorists are killed or maimed each year by drivers who don’t obey red lights. So whatever your reason, running the light just isn’t worth risking your life and those of other motorists and pedestrians.

#5. OWI, DWI, DUI

It’s always smart to avoid driving if you’ve been drinking. Even if you feel that you can get behind the wheel and safely drive home, or to another destination, driving after having even one drink is a bad idea because it can impair your judgement and ability to safely operate your vehicle. If a police officer stops you and determines that you’re impaired by alcohol, you could be arrested and prosecuted—no matter your blood alcohol content (BAC).

Do You Need to Talk to an Attorney About OWI, DWI, or DUI?

If you’ve been accused of OWI, DWI, or DUI, our team may be able to help you. Call our office at 414-383-6700 to schedule a consultation with an experienced Wisconsin drunk driving lawyer. We can answer your questions and give you the guidance you need.

By Attorney Tedia Gamino

By Tedia Gamino|2022-11-19T09:58:01-06:00November 19th, 2022|Criminal Law, Traffic Offenses|Comments Off

5 Ways an OWI Will Change Your Life

By Carlos Gamino

In the state of Wisconsin, drunk driving is a very serious crime. So is driving under the influence of drugs. Because these two crimes are very serious, convictions carry heavy penalties. In fact, some people have a tough time bouncing back after a DUI or OWI conviction; here are five ways a conviction may change your life.

5 Ways an OWI Will Change Your Life

These are some of the biggest changes you’ll experience if you’re convicted of DUI or OWI:

You’ll have a permanent criminal record
You’ll lose your driver’s license
You may go to jail
You may have to install an ignition interlock device on your vehicle
You could lose your commercial driver’s license

Here’s a closer look at each.

#1. You’ll Have a Permanent Criminal Record

When you’re convicted of a crime in the state of Wisconsin, it generally stays on your criminal record forever. In fact, only a small number of convictions are eligible for expungement (The process by which a court clears your record and gives you a fresh start). when you have a criminal record hanging over your head, you may find it difficult to find a job or a place to live, or even to obtain credit.

#2. You’ll Lose Your Driver’s License

Even with a first offense DUI or OWI, you lose your driving privileges in the state of Wisconsin. The length of time the state withholds your driving privileges depends on the circumstances of your case, including how many DUIs or OWIs you’ve had in the past and other factors.

#3. You May Go to Jail

The judge in your case may send you to jail or prison, depending on the circumstances of your DUI or OWI case. For example, if you’re involved in a drunk driving crash that hurts someone, you can expect to be sentenced to prison time upon conviction.

#4. You May Have to Install an Ignition Interlock Device on Your Vehicle

In many cases, Wisconsin judges order people to put ignition interlock devices on their vehicles. These devices require you to blow into a gauge that determines how much you’ve had to drink. Your vehicle won’t start if the device determines you’ve been drinking. If a judge orders you to put an ignition interlock device on your vehicle, you’re responsible for the cost of the installation and, when the time comes, removal.

#5. You Could Lose Your Commercial Driver’s License

If you hold the commercial driver’s license (CDL), there’s a good chance you’ll lose it if you’re convicted of DUI or OWI. if your commercial driving privileges are revoked or suspended, you can’t work and you’ll need to find alternate employment.

How Do You Avoid DUI/OWI Penalties?

The only way to avoid the penalties associated with DUIs and OWIs in the state of Wisconsin is to avoid a conviction. But there’s no way to predict how a judge will rule in any case. For many people, the smartest choice is hiring a drunk driving lawyer – an attorney may be able to help you get the best possible outcome.

Do You Need to Talk to an Attorney About DUI or OWI?

If you’ve been accused of DUI or OWI, our team may be able to help you. Call our office at 414-383-6700 to schedule a consultation with an experienced Wisconsin drunk driving lawyer. We can answer your questions and give you the guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-09-02T10:50:12-05:00October 27th, 2022|Criminal Law, Traffic Offenses|Comments Off

Will You Go to Jail for Traffic Crimes in Wisconsin?

By Carlos Gamino

For the most part, traffic tickets aren’t criminal offenses – and that means you’re unlikely to spend time in jail over them. However, there are some crimes that overlap with traffic offenses; for those, the state of Wisconsin could put you behind bars. This guide explains.

Can You Go to Jail Over Traffic Offenses in Wisconsin?

The most common traffic tickets in Wisconsin involve speeding, failing to make a complete stop at a stop sign or traffic light, and failing to wear a seatbelt. Usually when the police catch someone violating traffic laws, they pull the person over and issue them a citation (ticket). You can pay the fine for the traffic offense and accept demerit points on your license, or you can dispute the ticket in court. If you choose to dispute the ticket, you may defend yourself or work with an attorney.

In most traffic cases, jail isn’t even on the table. Though a violation of the law led to your ticket, you can typically resolve it by paying a fine and accepting points on your license. (When you earn too many points on your license, the state will suspend your driving privileges.)

But in some cases, traffic offenses are tied into crimes that do lead to jail or prison time, such as:

Drunk driving
Reckless driving
Driving on a suspended or revoked license
Being a habitual traffic offender
Fleeing or eluding an officer
Driving or operating a vehicle without the owner’s consent
Vehicular homicide

If you’re convicted of a misdemeanor or felony traffic offense, you could be facing time behind bars.

Do You Need to Talk to an Attorney About Traffic Offenses?

If you’ve been accused of any traffic offense – whether you received a citation or you’re facing misdemeanor or felony charges – we may be able to help you. Our experienced and committed attorneys are well-versed in traffic and criminal laws in the state of Wisconsin, and we know what it takes to help your clients get the best possible outcome. Call our office right now at 414-383-6700 to schedule a free consultation; we’ll be happy to get you on the right path.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T13:50:58-05:00September 27th, 2022|Criminal Law, Traffic Offenses|Comments Off

Is it Legal to Drive to Work on a Suspended License?

By Carlos Gamino

It’s against the law to drive without a valid driver’s license in the state of Wisconsin. But is it possible to drive to work if your license is suspended or revoked? This guide explains.

Can You Drive to Work if You Have a Suspended License?

First things first: there’s a difference between a license suspension and a license revocation period if your license is suspended, you’ve only lost it temporarily. If it’s been revoked, you’ve lost it permanently.

The courts in Wisconsin may suspend your driver’s license for a variety of reasons, such as committing alcohol related offenses (like OWI) or driving without insurance. The state doesn’t usually revoke licenses unless an offense is extremely serious.

When your license is suspended or revoked, you’re not supposed to drive anywhere. If the police catch you driving when your license is suspended, the state will find you; these fines can cost you up to $2,500 in some cases. If the police catch you driving when your license has been revoked, you’re facing criminal penalties – and you could even spend time in jail.

What About Occupational Licenses?

In some cases, the state enables people to get occupational licenses. An occupational license is a restricted license that lets you continue driving to work and to handle operations related to running your household, such as grocery shopping or taking your children to school. However, these licenses aren’t available to everyone. You must go out of your way to apply for an occupational license; a court won’t simply grant one to you when it revokes or suspends your full driver’s license.

Do You Need to Talk to an Attorney About Driving to Work on a Suspended License?

If you’ve committed an offense, or have been accused of committing an offense, that results in license suspension or revocation, you should talk to an attorney. Your attorney will answer your questions and help you get the best possible outcome in your case, which may include avoiding suspension or revocation altogether.

Call our office at 414-383-6700 to schedule a free consultation with an experienced attorney now. We will be happy to give you the legal guidance you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T11:39:27-05:00August 11th, 2022|Criminal Law, Traffic Offenses|Comments Off

Can You Get an Occupational License After OWI in Wisconsin?

By Carlos Gamino

If you’re convicted of operating while intoxicated in Wisconsin, you’ll lose your driving privileges – there’s no question about it. Judges are required to revoke or suspend your license. However, some people qualify to apply for an occupational license. Here’s what you need to know.

Can You Get an Occupational License After OWI in Wisconsin?

It’s possible to get an occupational license after an OWI conviction in Wisconsin. An occupational license is a license that lets you drive to work or school, or to handle household essentials, while your driving privileges are revoked or suspended.

When Are You Eligible for an Occupational License?

You become eligible for an occupational license after a certain amount of time has passed since your conviction. The following table outlines the required waiting times based on your specific conviction.

Your Conviction	Waiting Period Before Applying
First-offense OWI	No waiting period
Second or subsequent OWI	45 days
Causing injury while intoxicated	60 days
OWI with great bodily harm	120 days
Negligent homicide while intoxicated	120 days
Refusal of breath or blood test, first offense	30 days
Refusal of breath or blood test, second offense	90 days
Refusal of breath or blood test, third offense	120 days

Your waiting period begins on the effective date of your license revocation or suspension. That means if your license is revoked on March 1 for a second-offense OWI, you must wait until April 14 to apply (that’s 45 days later).

Conditions for Getting an Occupational License

Before you can apply for an occupational license, you must install an ignition interlock device on your vehicle. In fact, you must install one on every vehicle titled or registered in your name.

Do You Need to Talk to an Attorney About OWI and Your Driving Privileges?

If you’ve been accused of OWI, you need a tough attorney who’s willing to fight for you. Call our office at 414-383-6700 now to schedule your free consultation with an experienced professional – we may be able to help you. We’ll work hard to get the best possible outcome in your case.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T13:56:39-05:00July 19th, 2022|Criminal Law, Traffic Offenses|Comments Off

Can Police Put Up OWI Checkpoints Over Holiday Weekends in Wisconsin?

By Carlos Gamino

In the state of Wisconsin, the police aren’t allowed to set up OWI checkpoints over the holidays. However, they often do put out additional patrols during times that they believe drunk drivers will be out. Here’s what you need to know about these extra patrols, as well as what to do if you’re pulled over under suspicion of drunk driving (and when to call a Wisconsin OWI attorney).

When Do Police Put Out Additional Patrols for OWI in Wisconsin?

Under Wisconsin law, police may put out additional patrols for OWI if they have probable cause to believe that drivers are operating while intoxicated. This often happens around the holidays, including Memorial Day, 4th of July, and Labor Day – all summer occasions where many people picnic and enjoy themselves with alcohol involved.

What to Do if You’re Pulled Over for Drunk Driving in Wisconsin

If you are pulled over for drunk driving in Wisconsin, the best thing to do is to cooperate with the police officer. This means providing your license and registration when asked, and answering any questions truthfully. It is important to remember that you have the right to remain silent, and you should exercise this right if the police officer starts asking questions about what you have been drinking or where you were coming from.

If the police officer asks you to step out of the vehicle, you should do so. Once you are out of the vehicle, the officer may ask you to perform field sobriety tests. These tests are voluntary, and you have the right to refuse them. However, if you do refuse the tests, the officer may arrest you anyway.

If you are arrested for drunk driving, you will be taken to the police station and asked to take a chemical test. You have the right to refuse this test, but if you do, your license will be automatically suspended.

Do You Need to Talk to an Attorney About Being Pulled Over for OWI?

If you were pulled over during an OWI stop, we may be able to help you. Call our office right away at 414-383-6700 to schedule your free consultation. We’ll be happy to answer your questions and help you get the best possible outcome in your case.

Attorney Carlos Gamino

By Tedia Gamino|2022-07-19T14:10:12-05:00June 30th, 2022|Criminal Law, Traffic Offenses|Comments Off

What to Know About Field Sobriety Testing

By Carlos Gamino

When the police pull someone over for drunk driving in Wisconsin, they often ask the driver to take a field sobriety test. The field sobriety test gives the police a way to measure whether you appear to be drunk or under the influence of drugs – but it’s not as simple as walking in a straight line and getting back into your car. At the end of a sobriety test, you could find yourself in the back of a police cruiser. Here’s what you need to know.

Field Sobriety Testing: What You Need to Know

Before a police officer even asks you to take a field sobriety test, they’re watching and listening to you. When the officer asks for your license and registration, they’re keeping an eye on whether you’re fumbling, nervous, moving slowly or sloppily, and listening for signs of intoxication in your speech. If the officer suspects you’ve been drinking (after seeing your driving, that is), they’ll ask you to take a field sobriety test.

Police officers use field sobriety testing to determine whether you seem like you’re under the influence of alcohol or drugs. There are many things the police can do to gauge your sobriety, but some of the most common field sobriety tests include:

The nystagmus test
The one-leg test
The walk-and-turn test

Here’s a closer look at each.

The Nystagmus Test

The nystagmus test can signal that a person is intoxicated. During this test, the officer asks you to look at something (such as the tip of a pen or a small flashlight). The police officer will move the small object from side to side and asks you to watch it move. That’s because when a person is intoxicated, their gaze often becomes jerky. If yours is jerky, or if you can’t keep track of the object, the officer may think you’re drunk.

Related: Drunk driving charges

The One-Leg Test

Balancing on one leg can be tough when you’ve had too much to drink – and that’s exactly why police use this to gauge a person’s intoxication level. The police officer may ask you to stand on one leg for 30 seconds, and if you hop, flail your arms, or put your foot down once or twice, it may indicate that you’ve been drinking. (But just for the record, you’re not alone if you couldn’t balance for 30 seconds – especially if you’re nervous. Our team has a tough time balancing, too.)

The Walk-and-Turn Test

Police officers know that intoxicated people tend to stumble, drag their feet or take choppy steps while walking regularly, so they put a twist on it for a field sobriety test: They often ask people to take a specific number of heel-to-toe steps, turn around in a specific way, and then take the same number of heel-to-toe steps on the way back. If you have a tough time balancing, lose count of the steps, pivot the wrong way or stumble, the officer may think you’ve had too many cocktails to drive.

Do You Need to Talk to an Attorney About Field Sobriety Testing and OWI?

If you were arrested for OWI with or without a field sobriety test, we may be able to help you get the best possible outcome in your case. Call our office at 414-383-6700 to schedule your free consultation now – we can give you the advice (and peace of mind) you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-05-20T21:00:45-05:00April 18th, 2022|Criminal Law, Traffic Offenses|Comments Off

What is an Ignition Interlock Device?

By Carlos Gamino

When you’re convicted of operating while intoxicated in Wisconsin, you may have to install an ignition interlock device on your vehicle. In fact, a significant number of people convicted of OWI in Wisconsin have to install these devices – so here’s what you need to know.

What is an Ignition Interlock Device?

An ignition interlock device is a device that requires you to blow into a mouthpiece to test your breath alcohol concentration before you can start your car. If the device – commonly called an IID – detects a concentration above 0.02 percent, your vehicle won’t start. If your alcohol concentration reaches that level after you start the vehicle, the device will activate your emergency lights and horn to draw attention to you.

Won’t You Lose Your Driving Privileges if You’re Convicted of OWI in Wisconsin?

You will lose your driving privileges if you’re convicted of OWI in Wisconsin, but after a certain amount of time has passed, you may be eligible to apply for an occupational license. An occupational license lets you drive to and from work or school, or to handle essential household activities. If the state allows you to have an occupational license, the condition of using it is that you must have an IID installed in the car you’re using. You must have an IID installed in every vehicle that’s registered or titled in your name before you apply for an occupational license (even if you only drive one vehicle).

If you choose not to apply for an occupational license and wait for your driving privileges to be restored, you’ll still have to have an IID installed for the amount of time that the judge in your case has ordered. In fact, judges are required to order IIDs for:

All first-time OWI offenders whose alcohol concentration was 1.5 percent or higher at the time of the crime
All repeat OWI offenders
All drivers who refuse to provide a breath or blood sample for a chemical test

How Much Does it Cost to Install an IID in Wisconsin?

Every installer charges a different amount for installation, monthly service and removal of the IID. You can shop around for the best prices, but generally speaking, it costs between $900 and $1,200 per year to keep an IID active on one vehicle.

Installation ranges from $45 to $150, depending on the type of ignition your vehicle has; monthly service fees are generally between $60 and $80, and removal is usually under $100.

How Long Do You Have to Keep an IID on Your Vehicle?

You have to keep an IID on your vehicle for as long as the judge orders you to. You’ll have it for at least one year.

Do You Need to Talk to an Attorney About OWI Charges and IIDs?

If you’re facing OWI charges, it’s in your best interest to get legal advice from a qualified professional. Call our office at 414-383-6700 now to schedule a free consultation now – we can give you the help you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-05-20T21:00:52-05:00April 17th, 2022|Criminal Law, Traffic Offenses|Comments Off

Wisconsin’s Legal Limits for Drinking and Driving

By Carlos Gamino

If you’re like many people, you know that the legal limit for drinking and driving in Wisconsin is 0.08 – that means if your blood-alcohol or breath-alcohol concentration is 8 percent, you’re likely to be hauled off to jail and charged with operating while intoxicated, or OWI. But the law is a little more detailed than that, so here’s what you need to know.

Wisconsin’s Legal Limits for Drinking and Driving

Wisconsin’s legal limit for most people is 0.08. However, if you have three or more prior OWI convictions, your legal limit is 0.02. And if you’re under the age of 21, you have to be completely sober – any alcohol in your system can earn you an OWI charge.

How Much Can You Drink Before You Hit the Legal Limit?

Generally, your body weight and biological sex have a lot to do with how alcohol concentrates in your body. The following tables outline about how many drinks you can have in one hour; a drink is classified as one beer, one shot of alcohol, or one glass of wine. Keep in mind that a shot of tequila and a Long Island iced tea contain vastly different amounts of alcohol – and remember, these are estimates and not exact measurements.

Table 1: Alcohol Chart for Men

Bolded numbers are over the legal limit.

Body Weight	1 drink	2 drinks	3 drinks	4 drinks	5 drinks	6 drinks
120 lbs.	.031	.063	.094	.125	.156	.188
130 lbs.	.029	.058	.087	.116	.145	.174
140 lbs.	.027	.054	.080	.107	.134	.161
150 lbs.	.025	.050	.075	.100	.125	.151
160 lbs.	.023	.047	.070	.094	.117	.141
170 lbs.	.022	.045	.066	.088	.110	.132
180 lbs.	.021	.042	.063	.083	.104	.125
190 lbs.	.020	.040	.059	.079	.099	.119
200 lbs.	.019	.038	.056	.075	.094	.113
210 lbs.	.018	.036	.053	.071	.090	.107
220 lbs.	.017	.034	.051	.068	.085	.102

Table 2: Alcohol Chart for Women

Bolded numbers are over the legal limit.

Body Weight	1 drink	2 drinks	3 drinks	4 drinks	5 drinks	6 drinks
90 lbs.	.053	.106	.159	.212	.265	.318
100 lbs.	.047	.094	.141	.188	.235	.282
110 lbs.	.042	.084	.126	.168	.210	.252
120 lbs.	.038	.076	.114	.152	.190	.228
130 lbs.	.036	.072	.108	.144	.180	.216
140 lbs.	.033	.066	.099	.132	.165	.198
150 lbs.	.031	.062	.093	.124	.155	.186
160 lbs.	.028	.056	.084	.112	.140	.168
170 lbs.	.027	.054	.081	.108	.135	.162
180 lbs.	.026	.052	.078	.104	.130	.156

Do You Need to Talk to an Attorney About OWI Charges?

If you’ve been accused of operating while intoxicated, we may be able to help you. Call our office as soon as you can – we’re at 414-383-6700. You can schedule your free consultation with an experienced professional to get the legal advice you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-05-20T21:07:44-05:00April 4th, 2022|Criminal Law, Traffic Offenses|Comments Off

Is Speeding a Criminal Offense in Wisconsin?

By Carlos Gamino

Everyone knows that speeding is against Wisconsin law, but is it the kind of crime that can put you behind bars? This guide explains the differences between traffic infractions and criminal offenses so you know what you’re up against on the roads.

Is Speeding a Criminal Offense in Wisconsin?

Speeding is a crime – nobody will argue that. You can be convicted of speeding, just like you could any criminal offense. However, it’s a different kind of crime. It’s considered a forfeiture offense, which means that it’s punishable by a fine rather than jail or prison time. In contrast, criminal offenses are punishable by jail or prison time. Though judges can impose fines on people who are convicted of criminal offenses – and sometimes do, in lieu of jail or prison – the fact is that criminal offenses give judges the option of putting you behind bars.

When you’re convicted of a traffic offense like speeding (or failing to stop at a stop sign, turning without a signal, or operating your vehicle without a working tail light), you get “points” on your driving record. The more points you have, the closer you are to losing your driving privileges. The point system is designed to punish drivers for doing the wrong thing by taking away their driver’s licenses when they continue to commit traffic infractions.

What Are the Speeding Categories in Wisconsin?

Speeding earns you points on your driving record. Generally, points can stay on your record for 5 years from the date you’re convicted of a driving offense. Here’s the basic breakdown:

Speeding between 1 and 10 miles per hour over the limit gets you 3 points.
Speeding between 11 and 19 miles per hour over the limit gets you 4 points.
Speeding over 20 miles per hour over the limit gets you 6 points.
Speeding 25 miles per hour or more over the limit in a 55-mile-per-hour zone or more earns you 6 points and a 15-day driver’s license suspension

The Wisconsin Department of Transportation will suspend your license if you receive 12 points in a 12-month period.

However, you can fight traffic tickets – and it’s possible to win. If you fight and win, you won’t pay fines for the ticket or accrue points on your driving record.

Do You Need to Talk to an Attorney About Speeding Violations?

If you’ve received a speeding ticket, whether or not you’re in immediate danger of losing your driver’s license, we may be able to help you. Call us at 414-383-6700 now to schedule your free consultation with an experienced professional who can give you the advice you need.

Attorney Carlos Gamino

By Tedia Gamino|2022-01-28T13:12:33-06:00December 17th, 2021|Criminal Law, Traffic Offenses|Comments Off

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Traffic Offenses

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