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Milwaukee Criminal Defense Law Blog

NTSB recommends lower BAC levels for drunk drivers

The National Transportation Safety Board submitted a recommendation on May 15 that the nation reduce the maximum blood-alcohol-content level to .05 percent, a .03 percent reduction. Current laws generally bring drunk driving charges against someone with a BAC level of .08 percent or higher. Although many people think that the problem of drunk driving has been addressed, the chairman of the organization observed that impaired driving is still a national epidemic.

About 10,000 people die annually from drinking and driving accidents. The organization feels those numbers are too high and that tighter restrictions will keep motorists safer. A group of panelists hopes that drunk driving will eventually be eliminated in the nation. Impaired driving causes about one-third of all traffic deaths in the country.

Police chase accused felons to Wisconsin

After a high-speed chase that eventually ended up in Racine, Wisconsin, two men, 22 and 30, were arrested after they hit two law enforcement officers and fled the scene on May 4. The men allegedly drove 115 miles between two states. The driver faces six felonies, including two counts of aggravated battery to a peace officer. The second man faces three felonies, including burglary and resisting arrest. An official with the Elgin Police Department expressed his opinion on the danger the driver inflicted on the community when he decided to allegedly mow down two officers.

Law enforcement arrived to investigate an early morning break-in at a warehouse store. They found the men attempting to leave the scene. When one officer attempted to take the passenger into custody, the driver pulled away, knocking down the officer. The driver then hit another officer, rammed into a police vehicle and took off through Chicago, Kane County and into Wisconsin. Officers finally stopped the vehicle with spikes in the neighboring state.

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Police chase accused felons to Wisconsin After a high-speed chase that eventually ended up in Racine, Wisconsin, two men, 22 and 30, were arrested after they hit two law enforcement officers and fled the scene on May 4. The men allegedly drove 115 miles between two states. The driver faces six felonies, including two counts of aggravated battery to a peace officer. The second man faces three felonies, including burglary and resisting arrest. An official with the Elgin Police Department expressed his opinion on the danger the driver inflicted on the community when he decided to allegedly mow down two officers. Law enforcement arrived to investigate an early morning break-in at a warehouse store. They found the men attempting to leave the scene. When one officer attempted to take the passenger into custody, the driver pulled away, knocking down the officer. The driver then hit another officer, rammed into a police vehicle and took off through Chicago, Kane County and into Wisconsin. Officers finally stopped the vehicle with spikes in the neighboring state. The passenger was taken to a medical facility for an injury that he incurred before the chase. Neither man was injured during the incident. However, the police officers sustained injuries and were treated and released from a medical facility. In addition to the Illinois charges, the accused men face charges in Wisconsin where they were held. They will be extradited back to Illinois. When someone is accused of several felonies, they could face serious criminal penalties, including time in prison. A criminal defense lawyer might be able to ask the prosecution to negotiate a plea agreement in order to lessen the possible penalties they face. Source: Chicago Sun Times, "Burglary suspects hit Elgin officers, sparking 115-mile chase to Wisconsin," LeAnn Shelton, May 4, 2013

Head shop owner charged with synthetic drug sales

Head shops are common in Milwaukee and other cities throughout the United States, but these shops must comply with strict standards to remain inside the law. A Duluth shop owner who is facing federal drug charges on allegations that he sold synthetic drugs has asked the court to dismiss the indictments.

The accused shop owner's attorney has filed a motion to dismiss charges that his client dealt in controlled substances through his place of business. Specifically, authorities claim that the man and several of his employees marked synthetic drugs as incense, bath salts or potpourri. The attorney has also filed a motion to suppress evidence that was obtained in a search of the store.

32-year-old man faces charges for 4th OWI

A 32-year-old man was driving erratically in Wisconsin County, and police took him into custody for his fourth drunken driving charge on March 29. According to court paperwork, a sheriff's officer observed him weaving across the road in his pick-up truck and stopped him. When the deputy spoke with him, he demonstrated a number of signs of impairment, including excessive sweating, slurred speech, glazed eyes and slow movements.

The Greenfield man confessed that he had taken several prescription medications before operating the truck and performed poorly on field sobriety tests. If he is convicted of the felony charge, he could receive a six-year prison term and fines of up to $10,000.

70-year-old woman ordered to serve a year in prison in scam

A 70-year-old grandmother has been ordered to serve 12 months in prison and 18 months of extended supervision because she defrauded the Wisconsin Shares child care subsidy program. She is accused of cheating the state out of almost $180,000. The third member of her family to be sentenced for the same type of crimes, she joins her daughter and grandson, who were accused of stealing about $260,000 from the program. They were also sentenced to prison and extended release. Her criminal defense attorney did not comment on the case.

She is accused of faking attendance records, overcharging for children and charging the state for kids who never came to her program. Her center was closed in 2010 after an investigation revealed fraud in the Wisconsin program. The program was originally started to benefit Milwaukee's poorest children. Thus far, 30 people face criminal charges in the crackdown, and about 200 facilities have been shut down.

Courts sentence trio in unrelated DUIs

The courts ruled on the sentences for three Wisconsin men for unrelated crimes of drinking and driving. All three men incurred multiple drunk driving offenses.

In the first case, the 43-year-old man was sentenced to a three-year prison term after he plowed through two yards and a fence while under the influence. He also received a three-year term of extended supervision and must pay a fine of $1,500. It was his seventh DUI conviction.

33-year-old man in custody accused of another theft

A 33-year-old man from the Milwaukee area faces accusations of acting as a watchman while two boats were stolen from a business in the area. The man, who is currently in a correctional institution after his probation was revoked for a 2003 felony theft, faces a felony charge for property valued at more than $10,000 and was also charged as a repeat offender. In addition, he also faces two theft-related counts in another Wisconsin county. He could receive a maximum sentence of 14 years in custody.

The boat owner reported the theft to law enforcement on June 7, 2011, and said his recreational boats had been taken. He gave the authorities an estimated value of more than $21,000 for the boats. The Milwaukee Police Department found one of the boats without a motor in a city alley. 

Cockfighting may be first case of its kind to be prosecuted

Law enforcement personnel found a cockfighting pen, roosters kept in cages and medical supplies used to treat wounded birds in a room that was suspected to be used for cockfights in a barn in a Wisconsin town on March 12. They also observed blood and feathers plastered on the wall. If criminal charges are filed in the case, it could be the first such prosecution in La Crosse County.

The property owner refused to talk with law enforcement personnel unless he had a lawyer present. He could be charged with initiating fights between animals and training and keeping animals for fighting. In addition, officials investigated a second property and found more roosters, a dog and a goat. They confiscated and relocated a total of 43 birds from the two properties. Several of the birds were injured or had sores on their bodies. The dog was in a filthy outdoor area and had frozen water in a dish. Authorities have not yet finished their investigation and may arrest others.

Wisconsin man caught in act of theft on video admits guilt

A December 2012 video recording of a 30-year-old man who broke into a car and took out a GPS unit served as strong evidence against the suspect. On March 5, 2013, he pleaded guilty to theft and criminal damage. The defendant was taken into custody during "Operating Secret Santa," a law enforcement operation in which vehicles were baited with items that might tempt criminals while surveillance was conducted for would-be thieves. The operation was carried out by Milwaukee police District 1 and the Milwaukee police department's Intelligence Fusion Center jointly.

The defendant admitted to a Milwaukee County Circuit Judge that he planned to sell the property he took. His criminal defense lawyer wanted him to complete substance-abuse counseling, which the court determined was in his best interest. The district attorney plans to ask for the maximum penalty, or 18 months - 9 months in jail, for each count for a total of one year and a half.

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