Michael C. Witt’s Answers

Michael C. Witt

Jefferson Criminal Defense Attorney.

Contributor Level 18
  1. Do I need a lawyer for a first offense OWI?

    Answered over 1 year ago.

    1. Michael C. Witt
    2. John Scott Swimmer
    3. Rodney Thomas Gould
    4. James C Forslund
    5. Daniel J. Evans
    6. ···
    6 lawyer answers

    As long as there were no injuries, and there was not a child in the car, first offense charges in WI are not criminal, so you should not be looking at jail. However, with a BAC that high, you are looking at a twelve month IID requirement on top of the 6-9 month revocation, fines, mandatory AODA assessment, and driver's safety plan that come with a first offense conviction. That IID requirement will not begin to run until you get a license subject to that restriction issued, and it applies to...

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  2. I need information on how to handle a traffic citation.

    Answered over 2 years ago.

    1. Michael C. Witt
    2. Kevin Coluccio
    3. Bret A. Schnitzer
    3 lawyer answers

    The failure to maintain control citation is likely defensible on the facts you recite, since, as you note, sometimes an accident is just an accident. If you do not have any prior OWI convictions, are of legal drinking age, and were not on duty time with respect to the operation of a commercial motor vehicle, the .062 result will not support a prohibited alcohol concentration charge, and while it is relevant evidence of possible impairment, it is not prima facie proof of same. Pleading guilty to...

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  3. 1st OWI charge - wrong date on ticket

    Answered over 2 years ago.

    1. Michael C. Witt
    2. Stephen J. Isaacs
    3. John Scott Swimmer
    4. Laurie Keel Landsittel
    4 lawyer answers

    You should consult experienced counsel as soon as possible. If the officer gave you your choice of test, he was being unusually kind. If he issued you a notice of intent to revoke for refusing the breath test and then took you for blood, you have a refusal charge with a short ten-day response deadline that bears no direct relationship to the court date on your OWI citation. Read all of your paperwork carefully. You obviously need to plead "not guilty" at your first appearance. If your...

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  4. I am in need of a Criminal defense attorney. !

    Answered about 2 months ago.

    1. Michael C. Witt
    2. James J. Connolly
    3. Craig R. Johnson
    4. Nick Passe
    5. Stephen Walter Sawyer
    6. ···
    8 lawyer answers

    Even if your friend doesn't qualify for SPD representation or intends to hire private counsel with your help, while in custody he should not turn down the assistance of the public defender regarding bond until an attorney is actually hired to represent him. Good luck.

    10 lawyers agreed with this answer

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  5. Is there any recourse after a personal injury claim is denied?

    Answered 6 months ago.

    1. Michael C. Witt
    2. Joseph Albin Larson
    3. John M. DeProspo
    4. Peter J. Carman
    5. Josh P Tolin
    6. ···
    6 lawyer answers

    Slip & fall cases are tough, as are cases against government entities. Unless a timely formal notice of circumstances of claim was filed, the failure to comply with that statutory prerequisite to suing a government entity adds another impediment to an already tough slip & fall case. You are likely to have a difficult time finding a lawyer willing to take such a difficult case on a contingency. Short of paying a lawyer for their time and expenses to evaluate the possibility of a lawsuit, you may...

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  6. Is there a time limit to prosecute on a DUI?

    Answered over 1 year ago.

    1. Tajara Dommershausen
    2. Michael C. Witt
    3. Jason Todd Studinski
    4. Harry Edward Hudson Jr
    5. Eric P. Pitsch
    5 lawyer answers

    Statutes of limitation go to the time limits for commencing a prosecution, so if you have had an open case since 2011, it simply does not apply to your situation. While the age of the case is unusual, it is not, by itself, grounds for dismissal. If your contested case has been open this long, I suspect you may have a lawyer. If so, that person, who is familiar with your case, is in a far better position to answer questions than anyone on the web. Schedule a time to review your concerns with...

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  7. Can my friend be charged with sexual assault?

    Answered about 2 years ago.

    1. Michael C. Witt
    2. Craig R. Johnson
    3. J Steven House
    4. Charles K. Kenyon Jr.
    5. George A. Limbeck
    6. ···
    6 lawyer answers

    Yes, he can be charged. That doesn't mean he will be, or that a conviction would automatically follow if he is. As long as the girl was not 15 or younger, a fourth degree sexual assualt charge could be defended on your theory of the defense. (People under 16 years of age are not legally capable of consent, reducing your theory from a defense to a mitigating factor.) The threshold for charging is probable cause, not the much higher beyond a reasonable doubt required for conviction. Having...

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  8. Approximately 12 years ago I was pulled over for owi in Minn. and never went back for court. I currently have 3 in WI, 1 prior

    Answered about 1 year ago.

    1. Michael C. Witt
    2. Robert Jason De Groot
    3. Jessie G. Weber
    4. Ethan Patrick Meaney
    4 lawyer answers

    Your situation illustrates the long-term consequences of ignoring a problem (the MN matter) instead of dealing with it and putting it behind you. You should be able to find a lawyer licensed in both states that can help you unscrew this entire mess, but you are not going to find the answer to your question online. There is a little-known provision of WI law that arguably permits a prosecutor to count an active case in warrant status in another state against you even if no conviction has yet...

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  9. What its means stipulation for substitution of counsel Bankruptcy

    Answered about 1 month ago.

    1. Michael C. Witt
    2. Lloyd A. Pont
    3. Andrew William Hyman
    4. Jay K. Nixon
    5. Shelly K. Rosnik
    5 lawyer answers

    A stipulation for substitution of counsel is consent to the replacement of your current lawyer with a designated other attorney. If your attorney is ill, retiring, or otherwise unable to continue your representation, another lawyer may need to take over. Contact your existing lawyer, or if they are unavailable, the lawyer that has been proposed to take over the case for more information.

    10 lawyers agreed with this answer

  10. I was told i hit someones car, i waited for 30-40 min for the police failed to show up, i gave my name,# was cited for hit +run

    Answered 6 months ago.

    1. Michael C. Witt
    2. Charles K. Kenyon Jr.
    3. George A. Limbeck
    4. Stephen Walter Sawyer
    5. Jay Scott Finnecy
    5 lawyer answers

    If your inherent unasked question is what you should do, plead not guilty and contest the citation. if your job is at risk, you'll probably want to consult a local traffic lawyer. Good luck.

    10 lawyers agreed with this answer

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