Michael C. Witt’s Answers

Michael C. Witt

Jefferson Criminal Defense Attorney.

Contributor Level 17
  1. Can I be ticketed for Operating While Intoxicated if I was not actually in a vehicle?

    Answered 6 months ago.

    1. Michael C. Witt
    2. Jessie G. Weber
    3. Michael R. Cohen
    4. Jay K. Nixon
    5. Jeffrey W. Jensen
    5 lawyer answers

    They do have to prove that you were the operator, and also need to establish the time of operation to get automatic admissibility of any resulting chemical test. With post-accident drinking, the question of whether or not any test result obtained relates to your alcohol concentration at the time of driving should also be challenged. However, both of operation and time of operation can be proven by circumstantial evidence, or by any admissions that you made to anyone with regard to being the...

    10 lawyers agreed with this answer

  2. My daughter was fined for underage drinking, but the case has been "adjourned initial appearance" four times. What is going on?

    Answered 7 months ago.

    1. Michael C. Witt
    2. Jay K. Nixon
    3. Jason Todd Studinski
    4. Travis T. Schreurs
    4 lawyer answers

    If the case is in circuit court, clicking on the "Court Record Events" tab on main case details screen might give you a clue, but if those minutes don't shed any light on it, you may have to try asking your daughter.

    10 lawyers agreed with this answer

  3. My boyfriend was charged with domestic violence and nothing happened all it is based on is some drunk peoples statements

    Answered 8 months ago.

    1. Matthew William Hoffmann
    2. Michael C. Witt
    3. Jason Todd Studinski
    4. Ethan Patrick Meaney
    5. Eric P. Pitsch
    5 lawyer answers

    In WI, you have the right, as the alleged victim, to be notified of and present at all court dates, and consult with the prosecuting attorney to make your feelings known. If you want to continue to have contact with your boyfriend, it would be a good idea to show up at his initial appearance, where bond will be set, and advise the Court of that fact. Your boyfriend needs to get a lawyer sooner rather than later. Good luck.

    10 lawyers agreed with this answer

  4. Can I go to jail if I owe restitution

    Answered 9 months ago.

    1. Michael C. Witt
    2. Peter J. Heflin
    3. Daniel Nelson Deasy
    3 lawyer answers

    You do not need to sign off on an extension, and you should not do so. If there have been no other rules violations, and you have made a good faith effort to pay, your probation cannot be extended or revoked just because of unpaid restitution. Contact an attorney, as the question of whether you have made a good faith effort or not is a mixed question of law and fact that needs to be argued to the court. If you can't afford one, contact the public defender. If you have made a good faith effort,...

    10 lawyers agreed with this answer

  5. Griffith vs. Kentucky

    Answered 11 months ago.

    1. Michael C. Witt
    2. Derek Anthony Patrin
    3. Jasen Bodie Nielsen
    3 lawyer answers

    Your problem is that pipeline retroactivity is a different concept than the good faith exception afforded to law enforcement under the Dearborn and Davis cases. The complexity of the question illustrates why even a bright lay person is no match for a prosecutor trained in the law.

    10 lawyers agreed with this answer

  6. Can i sue a county jail for my sons death caused by methadone

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Alexander Mchenry Memmen
    3. William A. Jones Jr.
    4. Malosack Berjis
    5. Louis Joseph Meyer
    6. ···
    8 lawyer answers

    I am sorry for your loss. Losing a child under any circumstances is any parent's worst nightmare. You may have a claim. While failure to comply with state notice of claim statutes can not bar a subsequent federal civil rights claim, to keep all of your options on the table, including state law claims, a notice of circumstances of claim needs to be filed within 120 days of the incident giving rise to the claim, which in this case, is your son's death. You should schedule a confidential...

    10 lawyers agreed with this answer

  7. Do I have a case?

    Answered over 1 year ago.

    1. Michael C. Witt
    2. Anthony A. Ferrante
    3. Christopher L. Strohbehn
    4. Matthew Louis Solomon
    5. Timothy Leo Bowden
    6. ···
    6 lawyer answers

    Assuming you immediately reported the injury to store personnel and promptly sought appropriate medical care, this sounds like a claim worth looking into.

    10 lawyers agreed with this answer

  8. I was driving a friends uninsured car & brakes went out & I hit a garage. Now im being sued. Am I liable if it was mechanical

    Answered 6 months ago.

    1. Michael C. Witt
    2. Jerome A. Konkel
    3. Shoshana Kunin-Leavitt
    4. Christian K. Lassen II
    5. Richard Todd Rosenstein
    6. ···
    7 lawyer answers

    Unless you were simply cited for not having insurance, the fact that you were issued a citation that you did not contest suggests liability on your part. If you have been sued, you must respond within the time limits set forth on the summons, or judgment will be taken against you by default. Without knowing how much you are being sued for, it is impossible to say from a cost/benefit standpoint whether you would be better off hiring a lawyer, or simply trying to settle the claim. Consult a...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can a judge make a ruling on a concluded trial at the courts convenience and available time?

    Answered 6 months ago.

    1. Michael C. Witt
    2. Kenneth J DeMoura
    3. Steve Eliot Sanderfer
    3 lawyer answers

    WI law gives a judge 60 days from final submission of the cause to file a memorandum decision, so you shouldn't need to worry about the two year delays that may plague Bostonians. However, judges are people too, and the five week period that you are complaining about here included Christmas and New Years holidays that both fell mid-week.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If you received a DWI in Minnesota but have a drivers license in Wisconsin, which state determines the length of DL suspension

    Answered about 1 year ago.

    1. Michael C. Witt
    2. Kevin Wade DeVore
    3. Jeffrey W. Jensen
    4. Scott S. Schlough
    5. Sami Ziad Azhari
    6. ···
    7 lawyer answers

    Assuming you are licensed in WI, both. Initially, MN law will determine how long, if at all, your privileges are suspended administratively in the State of MN, and if you are convicted, a MN court will determine how long your privilege to drive in the State of MN will be revoked. Once WI picks up the conviction, your privileges here will be revoked as well, either for the length of time ordered by MN or the mandatory minimum on the corresponding charge in WI, whichever is longer. If you hold a...

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