People convicted of OWI felony may be in for a tough time, but the competence of their legal representation could greatly help them survive the road ahead. In some cases, raising technicalities may give one that unexpected advantage.

Writing for the Milwaukee Wisconsin Journal Sentinel on February 9, 2015, legal affairs specialist Bruce Vielmetti said it was the case of a successful “direct attack” that shot down a recent OWI conviction at the Wisconsin Court of Appeals District IV. “Direct attack” refers to the avoidance of a conviction for a first-time offense because the violation was actually a subsequent offense. Such a case only highlights the fact that, when an OWI felony case seems like an insurmountable wall, you can entrust your battle to skilled Waukesha lawyers such as the team at Huppertz and Powers, SC, who can help find avenues for a positive outcome of your case.

Despite Wisconsin’s “party culture” reputation, a recent study revealed that alcohol-related fatalities in the state has dropped 33% from 2007 to 2012. This development is partly attributed to the initiatives of the government and private entities, such as the Tavern League of Wisconsin’s Safe Rides program, which offers alternative transportation for inebriated individuals.

Erroneous Charges

The case noted in Vielmetti’s article was that of a Stevens Point resident who was convicted by the Portage County District Court of first-offense drunk driving in January 2010, which resulted in the suspension of his license for eight months.  As it turned out, however, the offense was actually the third based on the defendant’s record, accounting for previous offenses in Wisconsin and Florida. The appellate court decided that the lower tribunal had no jurisdiction over subsequent offenses, thus invalidating the conviction.

Accused’s Rights

A prominent Waukesha lawyer aids your case by sharing their knowledge on the various degrees of OWI felonies in Wisconsin and their associated penalties. In some instances, the statute of limitations provides another avenue to fend off further challenges by the prosecution. In the case reported by Vielmetti, the prosecution lost its chance to file a third offense charge against the accused, as the case has gone past the three-year statute of limitations for OWIs in the state.

Some convictions could be drawn up in haste, perhaps due to the emphasis on speedy resolutions, which could raise issues against conformance to due process. A veteran defense counsel will make sure that clients’ rights are protected at all costs, and will fight against any possible violations of these rights.

(Source: Another OWI conviction erased because it was charged as 1st offense by mistake, Milwaukee Wisconsin Journal Sentinel, 9 February 2015)

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