Theodore Perlick Molinari’s Answers

Theodore Perlick Molinari

Milwaukee Business Attorney.

Contributor Level 12
  1. What happens when you receive a 5th underage drinking ticket in Wisconsin?

    Answered over 4 years ago.

    1. Theodore Perlick Molinari
    1 lawyer answer

    Generally underage drinking tickets are municipal violations that do not expose you to jail time. Eventually, if you accumulate enough of these tickets, the State may want to prosecute you for Disorderly Conduct, or some other low level offense. If you have 5 underage tickets, you are clearly doing something wrong. If you want to drink and you are underage, you must do it in a more responsible way.

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  2. I am a Wisconsin resident and got a ticket for not wearing my seat belt in Illinois. What would happen if I didn't pay the fine?

    Answered over 4 years ago.

    1. Theodore Perlick Molinari
    1 lawyer answer

    If you do not pay the fine, Illinois could take action on your license or registration. If Illinois does take action, you may be subject to suspension in Wisconsin as well. In the internet age, states are much more connected to each other. It is in your best interest to either negotiate the ticket down or pay it so that you avoid any unnecessary penalties and difficulties.

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  3. My son's dad got his 3rd DUI. How much jail time should he expect and, once sentenced, can I still request child support?

    Answered almost 5 years ago.

    1. Theodore Perlick Molinari
    2. Ronald S. Pichlik
    2 lawyer answers

    There are sentencing guidelines for all OWI offenses in Wisconsin. He is subject to the 9th Judicial District Guidelines, which call from anywhere from 30-365 days in jail depending on several factors. His entire driving record will be a factor, his BAC will be a factor, whether children were in the car will be a factor, and also whether he was cooperative with officers. There are other factors, but these are the main ones. His sentence will depend on how he fares as to those factors.

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  4. I need legal advice on which action to take

    Answered about 5 years ago.

    1. Theodore Perlick Molinari
    2. Kristen R. Zorbini Bongard
    2 lawyer answers

    You should be able to negotiate a time to take the class. Many states offer the class and you may be able to complete it where you go to school so that you do not have to miss school. More than likely, the DA wants to see you finish this class and learn your lesson. Most DAs are not interested in ruining your life.

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  5. Is there any way to clear my driving record completely?

    Answered about 5 years ago.

    1. Theodore Perlick Molinari
    1 lawyer answer

    You have two options. First, you can request to reopen those tickets and get them changed to non-moving violations. That will be very difficult. Second, you can find a line of work that does not require a driving record check. Unfortunately, your driving record will stick with you your whole life. Violations never entirely disappear off your record. The DMV keeps very good track of them. Hopefully, at some point your tickets will not negatively impact your job search.

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  6. Is it possible to get released from probation early, being a sex offender?

    Answered about 5 years ago.

    1. Theodore Perlick Molinari
    2. John M. Kaman
    2 lawyer answers

    I respectfully disagree on this one. The goal of probation is to make sure the defendant has been rehabilitated. If he has accomplished the goals of probation, he can file a petition for early discharge. Obviously, the original facts are important to the ultimate determination.

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  7. Vacation of conviction and ''wash out'' of conviction

    Answered about 5 years ago.

    1. Theodore Perlick Molinari
    1 lawyer answer

    It depends on the type of crime. For some misdemeanors, you can get your record expunged. The law is changing to allow a wider age range of people to be eligible for this. Most felonies do not qualify. If you have a felony, you will need to contact the governor's office for a pardon.

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  8. Under WI Gov Doyles early release program, i wanted to know if i would be eligible

    Answered about 5 years ago.

    1. Theodore Perlick Molinari
    1 lawyer answer

    This will depend on a host of factors. You will ultimately need to contact your son's former lawyer to get an answer. The early release program is targeted at non violent offenders, so if your son is one of those people, he may in fact qualify.

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  9. I was charged with OWI and was informed it will be 5-6 months before results are in. Can I dismiss as there is no evidence?

    Answered over 5 years ago.

    1. Theodore Perlick Molinari
    2. Joseph E. Redding
    2 lawyer answers

    You need a skilled OWI attorney for your case. There are serious problems with the officer's assessment of your condition. Ultimately, you will have to go to court to settle this, but do not go by yourself. He had reasonable suspicion to pull you over, but his probable cause to arrest you is questionable at best. Additionally, you need someone to analyze the blood results to see if the state even has enough evidence to proceed beyond your initial appearance. I practice in Wisconsin and would be...

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  10. What's the difference in being on probation for a federal crime verses being on probation for a state crime.

    Answered over 5 years ago.

    1. Theodore Perlick Molinari
    2. Howard Woodley Bailey
    2 lawyer answers

    There are huge differences between federal and state probation. The major difference is that the federal government has the resources to supervise you very thoroughly. You will more than likely be required to make full financial disclosures to your agent. Your entire life will be examined by your agent and you will be required to participate in programming that many state probation officers do not have the resources to offer. The federal probation agents are much more serious and pay much...

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