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Traffic violations are probably the most common violation in Wisconsin. Traffic violations range from OWI, to hit and run, to reckless driving. All of these can potentially be charged as either a civil forefiture (ticket only) or a crime punishable with jail or prison time. In Wisconsin a first offense OWI is considered a civil forefiture not a crime unless there is a child 16 or younger in the car.
Traffic cases involve many issues including, did the police officer have reasonable suspicion to stop, did the officer have probable cause to arrest, when was the defendant advised of his or her rights if at all, who are the witnesses if any, is there video of the stop, arrest, post arrest.......
Wisconsin OWI convictions for a second offense or higher require mandatory minimums of jail time. This means if a person gets convicted, the judge has to order the minimum amount of jail no matter what. The only way to avoid jail is to avoid conviction through a trial or amendment to different charge. This area of the law is always changing as the legislature keeps creating new rules. Some of the more recent OWI rules include probation that reduces the amount of mimum jail time, and mandatory ignition interlock devices. Call for a free consulation on your traffic case!