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Michael E. Rudolph

Michael Rudolph’s Answers

4 total

  • I think i got an unfair OWI. Did i get screwed?

    I got into a fight with my ex at Chula Vista resort. I got mad and sped off in my car. Well the roads are curvy there and in my anger i didnt see a car coming so i went off the road just a little bit and I caught a green utility box. There was no ...

    Michael’s Answer

    You called the police and they responded.This case may be dismissed as to the owi if you took all the chemical tests you were asked and required to take.If you declined to take the breath or blood test or delayed agreeing to take any chemical test then you can be punished for refusing to take a required test no matter how unfair you may believe that is.The law is very strict on refusal in WI.Otherwise, the case sounds very promising.The hit and run is no points and may be reduced.If there is a refusal you will have recieved a notice of Intent to Revoke your drivers license.If you did then you must follow the directions on the sheet and request a hearing within 10 working days or you automatically lose by default.Read all your paperwork and call my office at 920 730 8533.

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  • 2nd offense underage drinking in less than a year. No breathalyzer performed. Can I get out of it?

    1st underage in November 2011, blew .01. 2nd offense was unable to complete breathalyzer, too drunk.

    Michael’s Answer

    Karen Missmer is right. There is a defense if you were consuming alcohol with your parents. It is not against the law to have alcohol in your system even if you are underage, if the alcohol was legally consumed, under the supervision of a parent or guardian. The fact that a parent or guardian was not with you when the arrest was made does not matter so long as you didn't consume other alcohol outside their presence.

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  • My 19 yr old niece went to rehab. I paid for the rehab- a neighbor picked her up. Can I sue these people for the money I spent?

    My niece recently went to rehab for heroine addiction. She is 19- she stayed for 12 days and called the nosy neighbor saying what a terrible place it was. We begged them not to go get her. The place was a wonderful environment, she was safe and do...

    Michael’s Answer

    Your best bet is to seek some money back from the rehabilitation facility. Your daughter has the right to stay, or go. She is not a prisoner. It would be false imprisonment on the part of the rehabilitation facility to keep her against her will. There is an old saying that you can lead a horse to water, but you can't make it drink. This is ironically true with alcoholism, and drug addicts. As much as you would like to help your daughter, and I admire your efforts, your daughter alone has to make the commitment for it to work. She gets to choose. You can't do it for her. She has to do it for herself. Her leaving indicates a lack of commitment, contact the rehab facility to see if you can get any money back for the unused services. Al-anon is a valuable service for people effected by other loved ones addiction. They can be very helpful.

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  • OWI 20 Minute Observation

    The police officer did not observe me for the full 20 minutes. The officer is doing paperwork, in putting data in the computer, setting up the camera for my photos and most importantly just prior to asking me to come over to the intoximeter, he ...

    Michael’s Answer

    Failure to comply with the 20 minute observation period cannot result in the case being dismissed. It is an issue that can be brought up before a jury, in a jury trial. If brought up in a jury trial the jury can decide that the test result is not valid. The purpose of the 20 minute observation period, which the officer must certify that he has complied with on the intoxilizer test card is to ensure that the test result is not improperly testing high due to mouth alcohol. Residual mouth alcohol can come from a person burping, or regurgitating, ie throwing up. Sometimes residual mouth alcohol comes from the stomach acid in the stomach coming up into the soft tissue in the mouth and staying there, causing a false high reading on the breath testing machine. The 20 minute observation requirement is to eliminate false high readings due to this residual mouth alcohol. The breath machine has an internal component that is supposed to catch residual mouth alcohol, and flag it, and shut down the machine, indicating an invalid test. It doesn't always work. The state, and prosecutor will argue that there was no residual mouth alcohol, if the machine did not flag it, but it is up to the jury to decide.

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