J Steven House’s Answers

J Steven House

Madison Criminal Defense Attorney.

Contributor Level 13
  1. Is it legal in Wisconsin for a cop to radomly run your plates and pull you over with no other violations? No tip off at all?

    Answered 6 months ago.

    1. J Steven House
    2. Syovata K. Edari
    3. Kathryn Mary Holton
    3 lawyer answers

    An officer is acting lawfully when running a check on a license or any other publicly available information. In fact, many police agencies now have police and parking enforcement vehicles equipped with cameras which detect license numbers and automatically run checks on the license. I imagine it would be possible to obtain a dismissal of any expired tag ticket if you can produce documentation showing that you had properly renewed your license. However, an officer would still be acting...

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  2. I got a owi last night, how screwed am I.

    Answered 7 months ago.

    1. J Steven House
    2. Travis T. Schreurs
    3. Anthony Michael Solis
    4. Derek Anthony Patrin
    4 lawyer answers

    You must request a hearing on the refusal very soon or you will have a default judgment and a mandatory 12 month revocation (it's a maximum of 9 months on a first offense, which I assume this is from the tone of your question). If you don't demand a refusal hearing there may be no chance to negotiate its dismissal in return for a plea on the OWI charge if that charge is not realistically defensible.

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  3. My son who is 19 was charged with a DUI. Should we contact a lawyer? He refused a second breathalizer test but did comply once.

    Answered over 1 year ago.

    1. J Steven House
    2. Charles K. Kenyon Jr.
    3. Rixon Charles Rafter III
    3 lawyer answers

    As you most likely know by know, he would be charged with a refusal to take a breath alcohol test for failing to take the breath test at the police station. However, he should have been aware of that potential charge if the police recited the required implied consent notice. If the police failed to provide the required notice, then your son should not be convicted of the refusal. Additionally, the police do not have grounds to request the initial, on site breath test (known as the...

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  4. Is an underage drinking ticket classified as a misdemeanor?

    Answered 5 months ago.

    1. Michael C. Witt
    2. J Steven House
    3. Mark P. Maciolek
    4. Samuel Cohen
    5. Harry R. Hertel
    5 lawyer answers

    These are forfeiture offenses in Wisconsin (not punishable by jail time), rather than criminal offenses. You can be sure of this if your case was before a municipal court, or if it has a "FO" or "TR" case number on CCAP if the case was in the county circuit court. Underage consumption penalties: http://www.dot.wisconsin.gov/safety/docs/owi-youth-penchrt.pdf CCAP: http://wcca.wicourts.gov/index.xsl (look yourself up by name). If you were found guilty of a forfeiture or TR/...

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  5. Ignition interlock was ordered for a year. Can I ask the court after a 3 months to shorten the sentence so I can get rid of it

    Answered 7 months ago.

    1. Michael C. Witt
    2. J Steven House
    3. Derek Anthony Patrin
    3 lawyer answers

    Sometimes prosecutors will agree to reopen and dismiss a refusal that was charged along with an OWI if you get to a point where pleading to the OWI makes sense. However, a judge may impose an IID requirement as part of a sentence on even an OWI first offense these days.

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  6. How would i go about finding a ex district that is now a criminal defense attorney in Wisconsin?

    Answered over 1 year ago.

    1. Andrew Joel Golden
    2. J Steven House
    3. John Scott Swimmer
    3 lawyer answers

    Use the Wisconsin Bar Association's attorney directory to search by name: http://www.wisbar.org/AM/Template.cfm?Section=Lawyer_Directory

    9 lawyers agreed with this answer

  7. My son is charged with driving while drugged, could you help with making sense of the drug panel?

    Answered about 1 year ago.

    1. J Steven House
    2. Karyn T. Missimer
    3. Jasen Bodie Nielsen
    3 lawyer answers

    "Carboxy-THC" is the long lasting, non-psychoactive metabolite of Delta-9-THC and is not covered under Wisconsin's any detectable level OWI statute which does not require a showing of impairment. This typically indicates past use of marijuana, though not recent enough to have contributed to any impairment. Clonazepam is classified as one of the benzodiazepine class of drugs, prescribed as Klonopin and has a particularly long half life, such that it will routinely be found in blood in...

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  8. I had a BAC test drawn 30 days ago, with no results back yet from the lab. My attorney says he can file a motion to dismiss?

    Answered 8 months ago.

    1. J Steven House
    1 lawyer answer

    While I typically urge people to discuss their legal issues with their own attorney if they have one, I would make sure your attorney is familiar with OWI practice in WI. The fact that the test results are over a month old is not grounds for dismissal, drug screen results typically take six months or more these days. A .08 on the roadside PBT is admissible to establish probable cause for the arrest and charge, but is not admissible at trial. A .08 on a breathalyzer machine with two blows and...

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  9. Had my 2nd dui 17 yrs ago in wisconsin, got another dui - would i be charged with third offense

    Answered about 1 year ago.

    1. Michael C. Witt
    2. J Steven House
    3. Jeffrey J. Szczewski
    4. Patrick Owen Earl
    4 lawyer answers

    I agree with Attorney Whitt's earlier answer, the date of the first offense is critical in determining how this one will be charged. Additionally, it may be possible to have a charged third offense reduced to a second offense if you were not represented by counsel for your second, your second offense was charged as a criminal OWI offense, the court failed to properly advise you of your right to counsel, and you did not understand your right to counsel or how an attorney could have assisted...

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  10. Why would my case not be on the court docket?

    Answered over 1 year ago.

    1. J Steven House
    2. Nicholas C. Zales
    3. Tajara Dommershausen
    4. Jay K. Nixon
    5. Jeffrey J. Szczewski
    5 lawyer answers

    It is not unusual to have nothing showing up on CCAP or the court docket until the initial appearance on first offense OWIs charged by citation. However, a date and time to appear for court is noted towards the top of issued citations. Another scenario where this can happen is when the case is one of suspected impairment by drugs (scheduled, prescription, or OTC) and the district attorney's office is waiting to see blood test results before making a charging decision. If it's a blood...

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