A mistake of fact may be a constitutional basis for a stop. In other words, it is againt the law to have a suspended registration. Because having a suspended registration is against the law, the officer may pull you over if he mistakenly (and reasonably) believes your registration was suspended. If the officer had made a mistake of law (i.e., if having a suspended registration was not against the law), then the stop would not be constitutional.
Whether the officer had enough information...
Really? You are not worried about the OWI charge...WHY? If this is a first offense, you are facing a driver license revocation; a fine; an alcohol and other drug assessment, and follow up treatment; points; and an ignition interlock device requirement on any vehicles you own (if you have a .15 or above). That is just for a first offense. A second offense or higher is criminal, which means jail time.
With respect to what is going to happen on the criminal damage to property charge, no one...
First off, you should be directing these questions to your attorney. Your attorney is in the best position to answer your questions as s/he knows all the nuances of the case.
Generally when in court, your lawyer speaks for you; and you should not address the prosecutor or the judge. Anything you say in court about the case may be used against you in the future. You should be discussing your side of the story with your attorney (and your attorney only) so the two of you may decide how to...
You cannnot have a court-appointed attorney for an OWI-1st (or a public defender). Public defenders and court-appointed attorneys are for criminal cases only. An OWI-1st is civil, not criminal. In other words, you are not facing jail time. If you want an attorney to represent you for an OWI-1st, you must hire your own.
In a nutshell: OWIs are complex cases. You should hire the best attorney you can afford.
As law school has given us the power to say with great authority: It depends. If this was a 1st OWI in WI, then it was a civil ordinance violation and not a crime. Any other state, a 1st OWI is criminal. And, if this was a 2nd OWI or higher in WI, then it was criminal. Sounds like this is a 1st OWI in WI, and civil in nature.
All that being said, your employer will be able to see the OWI on your driving record. So, you may want to come clean on your application and explain even though...
Your question is a bit difficult to unpack: It is unclear to me whether you are on probation for an offense committed in WI or IL. If you are on probation for a WI offense, there is legal authority in WI that says you cannot be revoked for failing to pay, as long as you make a good faith effort to pay. Usually in the circumstances you describe, you will be discharged from probation, and the outstanding amount will be converted to a civil judgment, if this is a WI offense.
If you are on...
Your husband needs to consult with local, experienced DUI defense attorneys in Bend, OR regarding what will happen in OR.
If your husband is convicted of a 1st offense DUI in OR, WI generally will suspend his driver license for 6 months. If his BAC was over a .15, WI may require an IID to be installed on any vehicle in his name for 1 year.
Good luck to you and your husband!
Beware of answers by out of state attorneys who are not licensed to practice in WI. Because an OWI-1st in WI is civil, not criminal, you cannot have a public defender or a court-appointed attorney. If you want an attorney, you must hire and pay for one.
The real question is: Can you afford NOT to have an attorney? You are facing the following penalties (at least): a 6-9 month driver license revocation; a fine; an alochol and other drug assessment, and any follow up treatment; 6 points;...
I think both interpretations are reasonable. I see how a prior out of state conviction for drug paraphernalia falls under a broad statutory interpretation and outside a narrow statutory interpretation. Perhaps, you are right and the rule of lenity would apply. But, why risk it?