Michael C. Witt’s Answers

Michael C. Witt

Jefferson Criminal Defense Attorney.

Contributor Level 18
  1. Could I get in trouble for this?

    Answered 11 months ago.

    1. Michael C. Witt
    2. C. Donald Briggs III
    3. Jay K. Nixon
    4. Michael David Myers
    5. Jeffrey Mark Adams
    6. ···
    10 lawyer answers

    It is questionable whether or not the minor damage you describe is even a reportable accident due to the minimal damage. By contacting your neighbor and accepting responsibility, it would seem a fair bet you have headed off any problems that would involve law enforcement. Report the incident to your insurance company, and let them worry about it. That is what you pay them for.

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  2. A drunk hit and run, what will happen?

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Christian K. Lassen II
    3. George Costas Andriotis
    4. Albert Lee Crosner
    5. Kevin Coluccio
    5 lawyer answers

    Hit & Run-Unattended Vehicle is just a traffic ticket. If they didn't arrest him at the time and obtain a test of his breath or a sample of his blood, it would be difficult, but not impossible, to prosecute him for operating under the influence now. However, if they can put him behind the wheel for the hit & run, they can also charge him criminally with obstructing for lying about it. He needs to stop talking about the incident, and I don't mean just with the police. I have seen cases where...

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  3. What is the first thing i should i do when getting my first dui?

    Answered 2 months ago.

    1. Michael C. Witt
    2. Stephen Walter Sawyer
    3. Laurence K Nurmi
    4. Ethan Patrick Meaney
    5. Charles K. Kenyon Jr.
    6. ···
    7 lawyer answers

    First, read all of the paperwork issued by the arresting officer carefully, then schedule an appointment to review it with a lawyer who handles this type of case regularly. If you can't get a lawyer hired before any deadlines set forth in the paperwork, especially the the short ten-day deadlines for requesting a refusal hearing or an adminsitrative suspension hearing, follow the directions on the forms to request the appropriate hearing.

    12 lawyers agreed with this answer

  4. Why would an Attorney change from an in-person to calling in requesting a paper review at the Administrative DUI hearing?

    Answered 12 months ago.

    1. Michael C. Witt
    2. Jason Todd Studinski
    3. M. Todd Miller
    3 lawyer answers

    I'm not sure what the basis is for your assertion that your attorney did not argue against the suspension, or represent you. The issues at an administrative suspension hearing are limited, and the DOT hearing examiners are not all trained extensively in the law. They can be doing a suspension hearing one minute and giving someone an eye test the next. As a practical matter, if there was a discrepancy or omission in the reports that gave you a shot to beat the suspension on the paper record, and...

    12 lawyers agreed with this answer

  5. What should I do to try and recuperate a loss of a vehicle due to an accident with an uninsured drunk motorist?

    Answered about 1 year ago.

    1. Michael C. Witt
    2. Jonathan P. Groth
    3. Samuel Cohen
    4. John L. Schroeder
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Contact the District Attorney's Office handling the prosecution and advise them that you wish to be notified of court dates, and submit a restitution claim. You can't get general damages, like pain & suffering, as restitution, but special damages, like the damage to your vehicle, lost wages, and any medical bills, may be awardable.

    12 lawyers agreed with this answer

  6. Insurance company refuses to pay stating that their insured recently sold the vehicle although it was still insured

    Answered about 1 year ago.

    1. Michael C. Witt
    2. Joseph Torri
    3. Jonathan P. Groth
    4. James Douglas Desmond
    5. Christian K. Lassen II
    5 lawyer answers

    With few exceptions, the plates normally stay with the owner of the vehicle when a vehicle is sold, making the claim that the vehicle involved in the crash had been sold questionable. You may need to file suit to get to the truth. Consult a personal injury lawyer.

    12 lawyers agreed with this answer

  7. My underage son received citations for OWI, disorderly, and disorderly with a motor vehicle.

    Answered about 1 year ago.

    1. Michael C. Witt
    2. Christopher Irvin Simser
    3. Jeffrey W. Jensen
    4. Dean George Tsourakis
    5. Ethan Patrick Meaney
    6. ···
    6 lawyer answers

    Disorderly conduct is a misdemeanor. (A misdemeanor is a crime punishable with jail; by contrast, a felony is a crime punishable with prison.) A first offense OWI, on the other hand, is not criminal unless it involved minor passengers or injury. In WI, OWI charges cannot be dismissed or amended unless the prosecutor gets permission from the court to do so, and the court finds the proposal to be in the public interest. Your son may be able get appointed counsel on the criminal charges, as the...

    12 lawyers agreed with this answer

  8. What are the steps to go after an ex partner for theft of assets from our LLC

    Answered almost 2 years ago.

    1. Michael C. Witt
    2. David J. McCormick
    3. Nicholas C. Zales
    4. Robert Bruce Kopelson
    5. Thomas John Nitschke
    6. ···
    6 lawyer answers

    This is not a criminal defense question. Law enforcement is likely to view this as a civil matter, especially if your "buy out" addressed the missing funds. You need to consult a civil litigator about the cost associated with suing him. That is a consult that probably should have taken place before you signed whatever you signed, as that document may impact your ability to go after him. Assuming you can get over that hurdle, you need to assess how collectible any judgment you might receive...

    12 lawyers agreed with this answer

  9. Will you go to jail if your girlfriend is 18 years-old pregnant and your 21 years-old?

    Answered almost 2 years ago.

    1. Michael C. Witt
    1 lawyer answer

    If she was eighteen at the time the child was conceived, it's none of their business. If the child was/is a term baby and was/is born less than nine months after her eighteenth birthday, you might might have a misdemeanor level problem. Do not post any clarifying information on this public website. If you have a concern, schedule a confidential consult with a local lawyer.

    12 lawyers agreed with this answer

  10. I got into a car accident, it was the other drivers fault 100‰..A yr in a half later and many tests I asked my lawyer to start

    Answered almost 2 years ago.

    1. Michael C. Witt
    2. Andrew Daniel Myers
    3. Manuel Alzamora Juarez
    4. Christian K. Lassen II
    4 lawyer answers

    Since your lawyer doesn't get paid until you do, and is spending his or her own money to cover the costs associated with your case, which he or she will also not get back until the case settles, it is unlikely that they are purposefully "dragging feet" on your case. Just because you want your money now doesn't mean the insurance company will suddenly see the light and pay a fair settlement. In fact, if you signal your over-eagerness to them, they may well seek to exploit your impatience, dig in...

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