Michael E. Rudolph’s Answers

Michael E. Rudolph

Appleton Criminal Defense Attorney.

Contributor Level 2
  1. OWI 20 Minute Observation

    Answered over 2 years ago.

    1. Michael E. Rudolph
    2. Michael C. Witt
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Karyn T. Missimer
    2. Michael E. Rudolph
    3. Brian Michael Sullivan
    4. Michael Lawrence Doyle
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Robert C. LeBrasseur
    2. Michael E. Rudolph
    3. Jimmie David Gentle
    4. Ted Harvatin
    4 lawyer answers

    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...

  4. 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?

    Answered over 2 years ago.

    1. Christopher L. Wiesmueller
    2. Michael E. Rudolph
    3. Brian Michael Sullivan
    3 lawyer answers

    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...