Law Office of
Clayton Griessmeyer represents criminal defendants, injured persons, and those in search of justice.  Clayton Griessmeyer is a Madison, Wisconsin Criminal Defense Attorney and Personal Injury Lawyer who truly cares about people.  Admitted in Wisconsin and California.
 

                      CRIMINAL DEFENSE       BICYCLE INJURY/ BICYCLE ACCIDENTS

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COMMENTS FROM WISCONSIN CLIENTS-Criminal and Civil:

Note: Every case depends on the specific factual and legal circumstances of that case.  Do not assume similar verdicts or outcomes can be obtained. 

"You are the man"  K.B.

"Thank you for helping me out for free.  I felt like I was going to have a nervous breakdown trying to handle things on my own."  M.G.

"You are different from other lawyers.  You actually listen and care what I have to say." J.B.

"Thanks for getting my money back and not charging me for your help; you did a great job." M.B.

"Thanks for all your hard work, I really appreciate it." T.N.

"Good work, you're all right."  R.D.

"That's what I'm talking about"  K.D.

"I can tell you actually care about me." K.S.

"You know the law, and I trust your advice for my case and will follow it."  W.W.

"You did a great job on this and have really made a difference for the future."  [stated by a lawyer for the opposition]. 

"Your son is going home today because he has a super lawyer."  [stated to family of client by Judge Nash in Los Angeles County Court when client was charged with two pounds of meth-see below]. 

PEOPLE HELPED

  • Man was driving home late at night and fell asleep at the wheel hitting a parked car which collided with another parked car and then he allegedly drove onto a lawn and hit a third car.  In a state of shock, he went home and went to bed leaving his bumper and license plate at the scene.  Charged with three separate counts (citations) for hit and run, one citation for failure to report an accident, one citation for inattentive driving, and one for failure to maintain control.  Client had a Commercial Driver's License and was facing lifetime loss of the CDL based on the hit and run charges and potential loss of license from the failure to report charge.  This would have meant loss of high paying successful job and problably loss of house due to no job.  Result: All hit and runs and failure to report either dismissed or amended. Stipulated to a total of 11 points based on  amended charges.  No loss of license for even one day!  Dane County

  • Man charged with battery and disorderly conduct.  While his case was pending, he picked up additional charges of disorderly conduct and intimidation of a victim on a new case.  Prosecution also suggested they could amend to add on bail jumping.  Result: Battery dismissed, second disorderly conduct dismissed, intimidation of a victim dismissed, no bail jumping charge was brought.  Client pled no contest to original disorderly conduct.  Prosecutor requested 45 days jail based on alleged injuries.  Client was sentenced to 10 days jail with no opposition to work release, electronic monitoring, or release for child care.  Dane County. 

  • Recent UW grad that was charged with battery, disorderly, and trespass after arriving home and being challenged to a fight by upstairs neighbors.  Result: battery dismissed, trespass dismissed, disorderly conduct-pled guilty, deferred prosecution/ first offender program-dismissal upon completion of first offender program. (Dane County).

  • Single father charged with contempt and facing potential jail time when ex-wife brought two separate contempt motions alleging he was willfully failing to pay her money. Result: No finding of contempt in either hearing, no jail time imposed.(Dane County).

  • Young woman charged with operating while intoxicated second offense, open container, driving after revocation, operating with a p.a.c. greater than .10.  Result: open container dismissed, driving after revocation dismissed, p.a.c. over .10 dismissed.  Minimum jail time imposed under guidelines.  (Dane County).

  • Man charged with obstructing justice after trying to obtain loan.  Could have been charged with, or amended to felony forgery.  Result:  Misdemeanor obstruction charge amended to civil forfeiture (fine only) and not a crime. (Dane County).

         CREDIT CARDS, FLAT FEES AND PAYMENT
PLANS AVAILABLE FOR WISCONSIN CRIMINAL CASES

                 
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CRIMINAL CASE EXPERIENCE

As an associate attorney at the Law Firm of Richard Duquette in Carlsbad, California, (911law.com) Clayton Griessmeyer participated in the following cases/areas;

  • Multiple felony drug possession with intent to sell cases. One involving year long DEA Sting Operation, "Sudden Fall"  "the largest drug bust in San Diego County history, and one of "the largest college drug busts in U.S. history."  Client had 1000+pills of Ecstasy  and was represented by Richard Duquette and assisted by Clayton Griessmeyer.  Client sentenced to a reduce-able felony (to a misdemeanor) and 0 days jail time.
  • multiple felony dui cases
  • 30+ count indictment-felony embezzlement and others
  • Theft/ larceny
  • Numerous misdemeanors
  • DUI cases
  • Juvenile DUI cases
  • Motion work, mock trials
  • DMV Hearings, DMV Administrative Appeals
  • Criminal appeal  
  • Burglary
  • Child Endangerment
  • Bringing shot gun shells into a sterile area at the airport
  • Bail/bond hearings
  • Possession of a silenced M-4 machine gun
  • Possession of a butterfly knife

SOME CALIFORNIA CRIMINAL CASE RESULTS:

  • Co-Counsel-Felony Jury Trial (with Richard Duquette)-February 2009 San Diego North County.  24 year old Marine Client was driving with his friend down the highway and was rear-ended causing an accident.  Client suffered broken wrist and passenger in other car suffered severe head laceration and lost vision in her eye.  Client had .14 b.a.c. 1 hour 45 mins after the accident.  Client was charged with two felony counts of DUI causing injury and two misdemeanor counts of DUI.  After 9 days in trial, Client was acquitted of all charges except one count of misdemeanor driving with .08 or higher.  Sentenced to 80 hours volunteer work-no jail, no restitution. (At the time of accident, client was exposed to up to 9 years prison) The jury said they did not believe the client caused the accident (as was alleged by the D.A. and the alleged victims).  The jury also said they did not feel the prosecution proved that the client was under the influence-only that he was over a .08**The client and his passenger told the officers they were rear ended just after the accident.  The alleged victims changed their story at least three times.
  • Dry reckless-.08 b.a.c.
  • Reduced bail from over $100,000 to $30,000,- after working past midnight the night before meeting with client in jail and writing a bail reduction motion
  • Saved a client over $1,900 by getting a fine to run concurrent with custody (When he granted this, the Judge commented that Attorney Griessmeyer had done an excellent job handling the case)
  • Helped a medical doctor keep his medical license after being convicted of a crime
  • Kept an innocent father of two out of jail when charged with 2 pounds of meth (case was later dismissed).  Judge Nash in Los Angeles County Superior Court had this to say to the family of the defendant, "Your son is going home today because he has a super lawyer."  (The other two co-defendants went to jail on a prosecution bail motion).  Attorney Griessmeyer made three appearances that day to keep his innocent client out of jail.

 Madison Wisconsin Criminal Defense Attorney

   

Attorney Griessmeyer has been involved with competitive sports since age eight.  He currently sponsors the Verona Triterium Triathlon, the Monona 20K in Madison, Wisconsin as well as the Aquathlon series in Madison, Wisconsin.  He is an active member of the Bicycle Federation of Wisconsin and advocates for bicyclists and bicycling throughout the state of Wisconsin.  You will find him throughout the states of Wisconsin and California on bicycle rides, races, triathlons, and multisport events. 

Attorney Griessmeyer  trained under and continues to consult with Richard L. Duquette, Esq.  in Carlsbad, CA.  Richard Duquette has handled bicycle injury cases in Southern California since 1983 and studied under Gerry Spence, Esq. often referred to as "The Best Trial Lawyer in America."

 GRIESSMEYER LAW WISCONSIN BIKE BLOG:

Click on the graphic below for information about Wisconsin bicycle laws, rides, accidents, advocacy and more.

                           

WHAT TO DO IN THE EVENT OF A WISCONSIN BIKE ACCIDENT

  • Do not give any statement to the insurance company.   The insurance adjuster is skilled in damaging your case and often trained to ask you questions in an attempt to lesson or eliminate any payment to you for your injuries.  To draw an analagy, imagine you are a boxer and are preparing for an upcoming fight.  The trainer for your opponent calls and asks things like, 1. What have you been doing for training 2. What are your strengths and weaknesses; 3. Have you ever been injured before.  There is no reason to help your opponent beat you! The reason adjusters call is to gain an advantage and limit any money you recover.  Unfortunately, the corporation does not care whether or not you receive the money you deserve for your injuries. 

  • Call a bicycle injury attorney immediately-delays in hiring an attorney can cause significant problems to your case

  • Seek immediate medical attention and be honest with your doctors because your medical records will likely be used in any litigation

  • Get contact information from everyone at the scene including those who arrived after your injury-be sure to include the entire area and look for surveillance cameras or anyone who may have seen anything, use your cell phone camera to take pictures of the entire surrounding area, accident scene, and yourself

  • Do not discard or repair anything related to your bicycle accident

  • Keep track of the various ways your life has been negatively affected by the bicycle accident including things such as insomnia, loss of fitness, family problems, anger, fear, odd behaviors such as putting the cereal into the freezer instead of the cabinet....

BE FAMILIAR WITH THESE IMPORTANT WISCONSIN BICYCLE LAWS:

  • Bicycles are considered vehicles and bicyclists are granted all the rights and subject to all duties which apply to operators of vehicles.  WI Stat. 340.01 (5) and 346.02  (4) (a)
  • Bicyclists may ride two abreast on any street as long as other traffic is not impeded.  If there are two or more lanes, then both bicyclists must ride within a single lane.  WI Stat. 346.80 (3) (a).
  • No person may ride a bicycle during hours of darkness unless there is a white light visible from 500 feet to the front of the bicycle and a red reflector of at least two inches or reflective tape at least two inches in diameter and visible from all distances 50 to 500 feet to the rear when in front of lawful beams on a motor vehicle.  A red or amber rear light may be used in addition to but not in lieu of a red rear reflector.  WI Stat. 347.489 (1)
  • Bicyclists passing stopped cars shall allow a minimum of three feet between themselves and the car. WI Stat. 346.80 (2) (c)
  • The operator of a motor vehicle passing a bicyclist shall exercise due care and leave a safe distance, in no case less than three feet clearance when passing the bicyclist.  WI Stat. 346.075
  • Bicyclists should ride as far to the ride as practicable except:

1.      When overtaking a vehicle proceeding in the same direction

2.      When preparing for a left turn

3.      When reasonably necessary to avoid unsafe conditions including parked or moving vehicles  WI Stat. 346.80 (2) (a)

The following bicycle injury cases were handled by attorney Richard L. Duquette (911law.com) with help from Clayton Griessmeyer who worked for him as a law clerk and associate attorney in Carlsbad, California.  These cases are listed below to help demonstrate the types of bicycle accident cases attorney Griessmeyer worked on as an associate attorney and law clerk.  
 

  • Triathlete with broken back from car/bike collision requiring back surgery (driver turned left in front of bicylist who was descending and could not stop)-  
  • Bicyclist collision with road rage driver outside of his vehicle resulting in broken hip requiring surgery (biker did not own a car and had ridden over 100,000 miles in his life.)
  • Cyclist with broken back and three separate hospital stays requiring major back surgery
  • Commuter cyclist with concussion and mild traumatic brain injury from collision with truck
  • Triathlete who suffered broken elbow after collision with debris negligently left in road at night
  • Marine who suffered broken finger after collision with car (and other injuries which affected his military performance and career)
  • Commuter and ultra-distance rider who collided with truck while training for an upcoming race (4 broken ribs, severe knee injury, hospital stay, and numerous other injuries)
  • Cyclist who collided with back of vehicle resulting in knee injury and knee surgery
  • Commuter who suffered shoulder injuries requiring surgery
  • Long time bicycle racer struck by boat and trailer being pulled by truck resulted in arm surgery and the implantation of several screws to fix a badly damaged arm
  • Bicyclist doored causing serious injury

WISCONSIN BICYCLE ACCIDENTS STATISTICS 2007

Total Wisconsin Bicycle Accidents 1,163
Total Injuries 1,110
Total Fatalities 9

Dane County had 166 total bicycle accidents with 162 bicyclists injured. Milwaukee County had 251 total bicycle accidents with 234 bicyclists injured. Of the 6 cyclists killed by vehicles, 4 of the accidents occurred in rural areas and two in urban. Of the 770 vehicle/bicyclist collisions, 661 were in urban areas and 109 in rural areas.

When looking at these statistics, it is clear that most of the time a bicycle rider gets hit, he or she is injured. In Dane county, injuries occurred in 97.6% of the accidents. Furthermore, the statistics seem to suggest that a bicyclist has a greater chance of getting killed in a rural area. This makes sense as the cars travel faster. But on the other hand, in terms of bicycle vehicle collisions in Wisconsin, a bicyclist is much more likely to get hit in an Urban area than rural. This would also make sense since most bicycle riders are riding in urban areas, there is more congestion and likelihood of accident.

The lesson to take away from these statistics is that bicycle accidents in Wisconsin are quite common. A safe rider should always keep in mind his or her surroundings and the potential for an accident. If riding in the city, consider things like cars speeding up through yellow lights, cars turning right into you, cars turning left in front of you, cars backing out of parking spaces... If riding in a rural area do not forget that drivers often take advantage of the open road, just as bicycle riders do. This means that you need to consider that a car may be coming at you in your lane, or a car cresting a hill may have no reason to think there are bikers climbing it on the other side.

Last, enjoy the roads and be considerate of others. Wisconsin has some of the best roads anywhere to bike, and here in Madison the trail system is terrific. Take time to enjoy the roads and your ride and do what you can to help improve them for others.


Wisconsin Bicycle Accident Lawyer