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September 2011 Archives

Challenging DUI stops on a lack of probable cause: Part II

This week, our posts are focusing on challenging DUI charges and convictions. Specifically, we're looking at two DUI convictions that were recently overturned after appeals courts determined that the arresting officers did not have probable cause to pull over the defendants.

Challenging DUI stops on a lack of probable cause: Part I

For a drunk driving charge to be legitimate, police need to prove that they followed proper procedure. For instance, defense attorneys may try to challenge how a field sobriety test was administered. And at the heart of any DUI conviction is this question: did the officer have probable cause to pull over the suspect?

Eyewitness identifications skewed by photo presentation method

We have previously written about the high number of wrongful convictions which have been overturned recently by advancements in DNA testing. Wisconsin's efforts to update its criminal DNA database should hopefully continue to reduce and rectify wrongful convictions. Most of these wrongful convictions were based on faulty eyewitness testimony.

Father charged with child abuse claims his actions were a prank

In Wisconsin, charges of domestic violence can carry serious penalties, even if the alleged victim later decides to drop the charges. If an arrest has been made, the defendant may still be prosecuted by authorities.

Wisconsin appeals court agrees to suppress evidence in OWI case

When authorities charge a suspect with OWI, procedure matters. The way in which evidence is collected is as important as the evidence itself. If police violate due process or otherwise fail to follow procedure, a good criminal defense attorney can use that information to suppress evidence.

Wisconsin war vet awaits sentencing on 3 counts of DUI homicide

Last month, a Wisconsin man pleaded guilty in a high-profile case involving drunk driving fatalities. The case received much media attention because the crash took the lives of three college students, two of which were from Wisconsin.

Looking back: where did drunk driving laws originate?

We have previously written about Wisconsin's tough drunk driving laws. And things are only going to get tougher as time goes on. In July of last year, Wisconsin enacted a new law increasing the punishments for DUI repeat offenders and first-time offenders with a BAC at or above 0.15 percent.

Nine Wisconsin residents charged with marijuana trafficking

In June we wrote that Wisconsin authorities arrested 24 defendants in connection with an alleged drug ring and a separate illegal gambling ring. The drug bust was one of the largest in Wisconsin's recent history.

Court ruling upholds DUI conviction based on warrantless BAC test

We have previously written that police officers in Wisconsin have to follow specific rules and procedures before they can arrest someone for suspected drunk driving. Before a suspect can be given a breath, blood or urine test, the officer must perform a field sobriety test to determine if there is probable cause to make the arrest.

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