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Chances of reduction to Reckless driving if not, is it possible to get occupational license since I had not transferred license?

Milwaukee, WI |

I am Wisconsin Resident with an out of state valid license that I had not transferred. Charged with DUI in Monroe County, BAC .11. I was pulled over on the side of the road after a tractor trailer cut me off and tire blew. While waiting for tow, cop pulled up to check things out. I was 100% cooperative, clean record. I really didn't think I had too much to drink, but I am not a large person.

Attorney Answers 2

Posted

I agree with the first answer. I would add WI is not part of the interstate compact. So, WI will not directly contact the state in which you are licensed if you are administratively suspended. Thus, your out of state license may not be affected. You cannot, however, drive in WI without a valid license, regular or occupational. If your WI license is suspended before you actually get a WI license, you should still be eligible for an occupational, as long as you have SR-22 insurance: http://www.dot.wisconsin.gov/drivers/drivers/revoke/occ-apply.htm

You may check you eligibility for an occupational license here: https://trust.dot.state.wi.us/occsin/occsinservlet?whoami=occsp1

You may check your WI driver license status here: https://trust.dot.state.wi.us/occsin/occsinservlet?whoami=statusp1

Your chances of getting this reduced to a reckless driving are zero without an attorney. Even with an attorney, it may be an uphill battle. Contact local, experienced DUI defense attorneys for more specific advice.

You may only have 10 busines days from the date you were arrested to request a hearing before the WI DOT and try to avoid an administrative suspension. So, do not delay with contacting attorneys.

Good luck!

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3 comments

Asker

Posted

Thank you so much! I have contacted 2 attorneys. Would you say it is more beneficial to have an attorney that is in the jurisdiction where the citation took place vs. another county? Live in Milwaukee county, incident took place in Monroe county.

Asker

Posted

Just a note...I'm not concerned about my NJ license, I live in Wisconsin and do business in Wisconsin. I need to drive in order to work. I will lose my job as a result. What does it mean when the below lawyer says..."in the public interest to do so"?

Karyn T. Missimer

Karyn T. Missimer

Posted

You should probably hire an attorney in Monroe County. An in-county attorney will not have to charge for travel time and will be familiar with the court that has juridiction over your case. As to your "in the public interest" question: This is too complicated for a limited forum like Avvo. I suggest you discuss it with the attorney you hire. Again, good luck!

Posted

Wisconsin law prohibits amendment of these charges unless a record is made as to how it is in the public interest to do so. The fact that you were cooperative and have a clean record doesn't get you there. There are many fine OWI defense attorneys in the greater Milwaukee area, schedule a confidential consult with one of them.

You should be eligible for an occupational on the administrative suspension and/or court-ordered revocation as long as you haven't been suspended or revoked in the last twelve months.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

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