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Theodore Perlick Molinari

Theodore Perlick Molinari’s Answers

117 total


  • If I plea guilty to my OWI, will the charges of refusing a breath test be dropped?

    This is my first OWI. I requested a blood test and thought the officer agreed. They took me in and towed my parked car. I never took a breath test so I'm being charged the OWI and a seperate charge that revokes my liscense for not taking a breath...

    Theodore’s Answer

    You would be best off at least reviewing the police reports to see what kind of case you have. At this point, if you plead to the OWI, there is a very good chance that the State will dismiss the refusal. On first offenses in the State of Wisconsin, a refusal counts the same way as a first offense. Hiring a lawyer to at least give you a professional opinion as to your case would be wise before you do anything else.

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  • Sexual Conduct 1st Degree

    My step son has been charged with 1st degree sexual conduct. (no penetration). What can we expect? We live in Wisconsin and he has no money or job. We will not post bail or help him monitarily. Do you have suggestions on who to go to?

    Theodore’s Answer

    The local public defender's office will appoint him an attorney who is qualified to represent him. He will not appear in court without an attorney. With no further details, it is difficult to tell you what to expect. I would imagine the state is taking the case very seriously and your step son should be prepared to do the same.

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  • What if there was never a competency test done on the inmate.

    what if his lawyer never had an pysic evalation done. They were just going by what the state said

    Theodore’s Answer

    If there was no competency evaluation done, the client needs to request that it be done. If the lawyer believes his client to be incompetent, he can request an examination. It is a very simple procedure. A doctor will examine the inmate and make an assessment. If you do not think that the assessment is fair, you can have someone else do one and submit that report.

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  • What are my legal options regarding my underage drinking ticket?

    I recently attended a underage drinking ticket. The cops came and started knocking on the door. They said they were going to get the land lords to come and get him to open up, so the guys opened the doors for the the cops and they came in. I was s...

    Theodore’s Answer

    More than likely, you will be given the opportunity to take an alcohol education course in exchange for the ticket being dismissed. You will need to enter a plea of not guilty and ask for a pretrial date with the city attorney. If you successfully complete the class and get the ticket dismissed, I would be very careful in attending other parties. This opportunity is only available once.

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

    My son's dad (whom I am no longer with and was never married to) just got his 3rd DUI. He has previously served jail time and probation for domestic violence and one incident with child abuse from his older son (birthed by a different woman). Beca...

    Theodore’s Answer

    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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  • First DUI at age 19 and extremely terrified. Any advice on steps to take?

    Last weekend I was at a party casually drinking underage until I noticed a significant amount of extremely underage persons present. I decided to drive about 5 blocks to my friends house to spend the night away from a sketchy situation. As it was ...

    Theodore’s Answer

    If you can, hire a lawyer. You have legal issues that should be examined before you decide what you should do. As to the sheriff stopping you, he needs reasonable suspicion in order to pull you over. Otherwise he needs to be acting as a community caretaker. If he did not have reasonable suspicion and he was not acting as a community caretaker, the judge should find that the stop was illegal.
    Additionally, as to your BAC, there are defense available that take the blood alcohol curve into account. You can be acquitted on that basis.
    Depending on when this happened, you will need to act quickly to preserve your rights and give yourself every opportunity to get the best result.

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  • WI speeding ticket, how to get it off the record

    I got a speeding ticket for going 24mph over. I was speeding on a back road highway. Is there any way to get this off of my record for insurance purposes? I can pay the fine, but I really can't afford raised insurance premiums. Could I chang...

    Theodore’s Answer

    You need to contact your insurance provider to see what they rely upon when determining your premiums. Different companies care about different kinds of offenses. Unfortunately, the technology of speed detectors has improved dramatically. If the officer was using a laser gun, a direct challenge on the case would be very difficult. The offense will always be on your record, but insurance companies all consider the severity of the offense for different periods of time. Again, consult your provider. If they raise your rates, another company may be willing to provide insurance for less.

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  • Which is a lesser charge An OWI OR driving a motor vehicle with a BAC above .08 ?

    I was pulled over and then taken to a hospital and my BAC was .12

    Theodore’s Answer

    The charges are the same. If you are convicted of either you face the same penalties and long term ramifications. Pleading to one count and having the court dismiss the other is not a deal.

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  • Can you get revoked from probation on allegations??

    currently getting charged with a new crime that didn't happen. what if i get revoked and i'm found not guilty??

    Theodore’s Answer

    Attorney Cotton is right on this one. Unfortunately, allegations to revoke have a lower standard of proof in probation revocation hearings than do criminal charges in circuit court. Be prepared for a fight.

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  • What do I do if a person was able to get a restraining order against me for harassment by purgering themselves under oath?

    My boyfriends ex got a restraining order against me. She produced doctored e-mails in court that I have never sent. Had I known she would of brought them in I could have brought a copy of my e-mails to show the court they were fraudulent. She also...

    Theodore’s Answer

    This situation sounds like an unmitigated disaster. You will need to hire someone who practices divorce law and criminal law to help you with this mess. Ultimately, you will probably want to reopen the restraining order and litigate the custody issue in court. This will be expensive and time consuming. In the meantime, do not violate the order that is in place or you will risk further hurting your chances of having a positive outcome.

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