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Oak Creek driver faces drug charges following a traffic stop
When motorists in Wisconsin are stopped by police officers, they expect to receive a warning or a traffic ticket. While this is the best-case scenario during a traffic stop, motorists could face far more serious charges and consequences if police officers suspect that a driver or their passengers have committed a crime. If a controlled substance is discovered in a vehicle either subject to a search or because it was in open sight, this could result in drug charges.
This is what recently occurred during a traffic stop in Oak Creek. Based on preliminary reports, the Oak Creek police pulled over a motorist for operating a vehicle with a suspended license. During this stop, officer allegedly found the driver to be in possession of marijuana, claiming that it was obviously detected.
Police officers pulled the driver over on the 1200 block of W. College Avenue just before 2 a.m. When the police officer walked up to the driver's side window to initiate the traffic stop, it was reported that the officer could detect a strong odor of marijuana coming form inside the vehicle. Upon further investigation, the officer reportedly found an orange "dime bag" padded container that was also holding a glass pipe, silver metal grinder and rolling papers. These were all located in a black purse on the rear passenger seat.
What are the laws on drug paraphernalia possession in Wisconsin?
Drug crimes can vary greatly due to the variety of drug types, the quantity in question and the suspected activity with the alleged drugs. While some drug crimes are known to be more serious than others, charges related to drug paraphernalia are often viewed as minor. Nonetheless, those accused of possessing drug paraphernalia should understand that they could still face drug charges that carry with them notable penalties. Thus, no matter how minor or severe a drug charge, defense options should always be considered.
What are the laws in Wisconsin regarding drug paraphernalia possession ? According to the Wisconsin state legislature, drug paraphernalia is all equipment, products and materials that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body.
Issues with field sobriety tests
As a previous post discussed, being suspected of drunk driving can be an overwhelming experience for motorists in Wisconsin and other states across the nation. For some drivers, he or she might be under the impression that the police officer stopping them has enough evidence against them to place them under arrest. However, an officer must have enough evidence collected to have probable cause to place a driver under arrest.
When a driver is requested to submit to a field sobriety test during a traffic stop, this can be challenging and concerning. An individual might want to say no, fearful of what the results might indicate. While a driver does have the right to refuse to submit to a field sobriety test, it is important to note that consequences could arise if an officer chooses to ask for a breath test and the driver continues to refuse. With a breathalyzer, implied consent to submit to this test is established upon obtaining a driving license. By refusing to comply, a driver faces the risk of a license suspension even if a DUI charge does not result.
Drug crime defenses: Your protection against charges
When you face drug charges, you could be looking at years of imprisonment, heavy fines and other penalties. It's very important that you have someone on your side to help you fight for your rights. Your attorney is there to assist you, and one of the things he or she will do is talk to you about your potential defense options.
In the case that you face charges for possessing drugs, you may wish to look into a number of different defenses. These are three that could work in your favor.
1. Challenge the location of the drugs
The first thing you may want to try is challenging the prosecution to present the drugs to the court. When drugs are seized, they go to crime labs and pass through the hands of many people before going into evidence. If the prosecution cannot present the evidence, your case could be dismissed.
2. Fight entrapment
Asserting the right defense against an OWI charge
If a traffic stop in Wisconsin is based on a suspected drunk driving incident, a motorist is likely to face various steps and tests that will determine if they are in fact under the influence of alcohol. If police believe that a driver is over the legal blood alcohol content limit, that driver could face a drunk driving charge.
Being charged with an OWI is a difficult predicament to be in. Such a charge can result in harsh penalties and consequences. Because those facing an OWI in Wisconsin are only allowed 10 days to request a hearing before a driver's license is suspended, our law firm understands the importance of taking immediate action following a drunk driving charge.
At our law firm, we understand drunk driving laws and defense options. We are dedicated to helping residents in the Delafield area successfully navigate the criminal defense process. Whether it is your first offense or not, we do our best to help our clients navigate the process and understand their rights.
How can you use self-defense in your criminal case?
When individuals in Wisconsin and elsewhere are placed in danger, they will likely react to the matter in a certain way. Whether it is the situation, a person or a weapon that ignites these dangers, people may take steps to protect themselves. It is an accepted principle that a person may take certain steps in self-defense.
How can you use self-defense as a criminal defense? Self-defense is considered to be a right, and it is an action taken by an individual to prevent suffering force or violence against their person by taking a sufficient level of counteracting forces or even violence. And while it might seem simple and clear on its face, self-defense raises many questions when it is applied in a given situation.
Because it might not be apparent what an appropriate level of force is in the situation, this could lead Wisconsin residents to question if a person lawfully protected themselves. Additionally, there is the question of whether the individual provoked the attack that they later used self-defense in. Other questions that need to be answered are whether or not the victim had the duty to retreat from the violence before using self-defense, or if the victim's apprehension of the threat is genuine and reasonable.
Your rights during the criminal trial process
Being arrested for a criminal allegation is a difficult event to process. While individuals in Wisconsin and other states across the nation understand that they are afforded certain rights, this doesn't make it any easier to face criminal charges. Many questions and emotions arise when a defendant is formally charged with a crime. Thus, it is important to understand what happens next.
Following a formal criminal charge, a defendant's case moves forward to the criminal trial process, unless the accused pleads guilty to the charges. The criminal trial begins with the jury selection process. This is a right provided to defendants.
Another right, which is provided by the Sixth Amendment, is the right to counsel. If a defendant is unable to afford an attorney of their own, they might be entitled to a court-appointed attorney. This is a right that can be invoked before, during and after a criminal trial.
Is Marijuana Legal in Wisconsin?
It appears that the Wisconsin Legislature and Governor Walker are heading in the direction of one day approving the medicinal use of marijuana. Although Wisconsin is taking "baby steps", it is moving in the right direction as it relates to the medicinal use of marijuana.
In a series of legislative acts passed by the Wisconsin Legislature and signed by Governor Walker, a derivative of Tetrahydrocannabinol ("THC") known as CBD Oil has been made legal in Wisconsin, with certain restrictions as to its possession and distribution. CBD Oil contains a very low level and, in some cases no level, of THC, which is the active ingredient of marijuana. CBD Oil is believed to have no psychotic effect nor produce a "high." It is designed to reduce seizures and assist individuals who would benefit medically from very low doses of THC.
If you research the genesis of CBD oil, you will find it is produced from Hemp, and we will provide further information on Hemp in future posts. If you are interested in possessing, purchasing or manufacturing CBD Oil, do not simply purchase from an out of state manufacturer, with the intent of selling it in Wisconsin. Bucher Law Group is currently dealing with clients who have been charged with the delivery of marijuana for selling CBD Oil. The law requires that there be a prescription or certification for CBD Oil from a physician. If you or your family could benefit from the use of this oil, you need to seek certification from your physician.
Milwaukee woman arrested for third OWI offense
Motorists are expected to follow the rules of the road. If police officers believe they have observed a traffic violation, the officer can pull that motorist over. In some cases, it might not be apparent that the driver has violated a traffic law. However, this doesn't mean that they will not face a citation. In fact, some motorists could face serious penalties for the traffic crimes they are accused of.
According to recent reports, a Milwaukee woman was arrested after police officers apparently observed the 37-year-old woman's 8-year-old son driving her vehicle. Based on preliminary reports, a Milwaukee County sheriff's deputy observed the woman's vehicle entering the on-ramp of Highway 145 at West Fond du Lac Avenue while her young child was seated on her lap.
Her young son was allegedly steering the vehicle for her. When a traffic stop was conducted, the driver apparently refused to cooperate. According to reports, the driver showed visible signs of impairment and failed the sobriety test conducted at the scene.
What are the drunk driving laws in Wisconsin?
Being pulled over by the police is often unexpected and, in most cases, motorists become nervous. Regardless of the traffic offense, drivers do not want to face the potential penalties of the citation. However, in some cases, these consequences could be serious, such as in cases of a suspected drunk driving.
What are the drunk driving laws in Wisconsin? In Wisconsin, drivers are considered to be over the legal limit if their blood alcohol concentration, or "BAC," is 0.08 or greater. These measurements are determined by either a breath test during a sobriety test, a breath test subsequent to an arrest or a blood test following an arrest.
However, this BAC reading is only relevant if the motorist is 21-years-old or older. Drivers under the age of 21, are required to maintain absolute sobriety. Operating a motor vehicle with any amount of alcohol in their system is illegal and could result in charges and serious penalties. If a motorist has three or more prior OWI convictions, the BAC limit is lower for them. In these cases, the driver cannot operate a motor vehicle if the BAC is greater than 0.02.
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