CONTACT
Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Wisconsin man faces charge of OWI with child in vehicle

On Behalf of | Jan 31, 2012 | Drunk Driving

Readers in the Milwaukee area may know that Wisconsin has specific laws pertaining to drunken driving with a child in the vehicle. A conviction on such a charge can potentially result in jail time and significant fines. However, just because a person consumes an alcoholic beverage and then drives a vehicle does not mean that person is necessarily drunk, and in such a case, it is highly important that the rights of the accused are maintained through a strong criminal defense.

One Oak Creek man will need such a defense after recently being charged in Milwaukee County Circuit Court with one count of third-offense OWI with a child in the vehicle and one count of driving with a prohibited alcohol concentration. In the police report, a sheriff’s deputy claims to have seen the 54-year-old’s vehicle swerving on the roadway. After being pulled over, the man apparently indicated that he had consumed a few glasses of wine earlier in the day. A number of field sobriety tests were administered at the scene, including a blood-alcohol test, and police claim the defendant failed them.

As is typical, the police report is written in such a way as to suggest guilt. According to police, the defendant’s blood-alcohol test returned a reading of .124 percent. Wisconsin residents probably know that .08 percent is the legal limit for blood-alcohol level while driving, but it is important to also remember that such tests are not as accurate as police officers would like us to believe. Additionally, it isn’t clear what other sort of tests were administered to determine if the man was intoxicated. Sometimes a person’s physical condition, as well as the terrain where a field sobriety test is conducted, can cause a person to fail the test.

In any case, the Oak Creek man here will need a vigorous criminal defense to combat the allegations against him. If convicted, he could be sentenced to up to two years in prison and $4,000 in fines. However, a strong and mitigating defense could result in a dismissal or significant reduction of charges. Other Wisconsin residents who have been accused of similar crimes will likely want to consult with an experienced DUI defense attorney who can help ensure that all of the rights of the accused are upheld in court.

Source: Oak Creek Patch, “Oak Creek Man Allegedly Drove Drunk With Child in Van,” Joe Petrie, Jan. 29, 2012

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)