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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have just recently been arrested. Along with some other

Customer Question

I have just recently been arrested. Along with some other citations I was also charged with my 5th OWI charge here in the state of Wisconsin. However I'm noticing some questions that I need some advice on due to the way the citations were written regardless of my past OWI record. And I'm just wondering if somebody could help me out
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Please reply on this question thread and ask your question. How long ago were your OWIs? Were they all in Wisconsin?

Customer: replied 1 year ago.
Over 5 years and yes they were all in Wisconsin
Customer: replied 1 year ago.
I recently got my regular drivers license back last June
Expert:  Zoey_ JD replied 1 year ago.

Thank,

Were any of yours before 1989? And what's the question you would like to ask?

Customer: replied 1 year ago.
No they were not before 1989. My question is the citations read I do not have to appear in court due to my past experiences with these things I've always had to appear initially to begin the process is it safe to assume that if I just pay the fees regardless of the situation I was charged with these would everything be completed?
Expert:  Zoey_ JD replied 1 year ago.

I'd have to see the citation, but from what I see on Wisconsin OWIs the 5th can be charged as a felony because at this point, there's a lifetime lookback period for you. I can't imagine that you can just pay the fees and complete everything. I don't know what the other offenses you were cited fro are, but the OWI charge is not a traffic infraction. It is a criminal offense and it requires a court appearance.

Expert:  Zoey_ JD replied 1 year ago.

Can you scan the citations? Edit out your name.

Customer: replied 1 year ago.
Unfortunately I cannot right now. But as I mentioned they do not require a court appearance
Customer: replied 1 year ago.
The other "kick" is iwas not operating a vehicle after time the police appeared
Customer: replied 1 year ago.
Do you have any recommendations or suggestions for me?
Expert:  Zoey_ JD replied 1 year ago.

I don't have enough information from you to know what happened here. How did the police get involved? Why did they arrest you if you weren't driving? what were your other citations for? Were you breathalyzed or did you refuse? Did you have to post bail when you were arrested?

Customer: replied 1 year ago.
I urinated in the Walgreens parking lot. The police were called. I did not refuse anything. I did not have post bail. The other citation is for disorderly conduct
Customer: replied 1 year ago.
I did admit however to not even knowing that I urinated in the parking lot
Customer: replied 1 year ago.
Do you possibly have any suggestions or recommendations after these last two statements
Expert:  Zoey_ JD replied 1 year ago.

Hang on, I'll be posting shortly.

Expert:  Zoey_ JD replied 1 year ago.

I'd really love to see the citations. But I'll take you at your word.

The police can charge you with the OWI based on a reasonable belief that the vehicle couldn't have gotten to Walgreen's parking lot unless you drove it there and that you were likely intoxicated when you did. It doesn't make for the world's strongest case against you if neither they nor anyone else ever saw you drive or never saw you behind the wheel. Someone else could have been driving, for example. But I'm not surprised they charged you if the facts and circumstances would give them a reasonable belief you put the car there.

More to follow.

Expert:  Zoey_ JD replied 1 year ago.

You're working on your 5th OWI, which, like I said, can be indictable. A 5th Wisconsin OWI has a mandatory minimum jail sentence of 6 months. The police cannot just overlook that because the statute does not allow them to just impose a fine if they are going to charge the OWI.

Customer: replied 1 year ago.
I understand. However I'm still questioning why I don't have to appear in court
Expert:  Zoey_ JD replied 1 year ago.

I think that has to be a mistake. Like i have said, you can't get less than 6 months of jail to resolve a 5th Wisconsin OWI. I can't understand why the ticket essentially would allow you to receive an illegal sentence, and I can't see the citation.

What is the section of the law that was cited on the tickets?

Customer: replied 1 year ago.
Ordinance violated or adopting state statute?
Customer: replied 1 year ago.
I'm sorry but I have to start getting ready for work. Thank you for your time.
Expert:  Zoey_ JD replied 1 year ago.

You can always come back to this later. I would show the tickets to a local lawyer before paying the fine.

You can't have an illegal sentence. So by admitting to it by paying the fine, you could wind up resentenced to 6 months of jail or more. Unless you weren't charged with an OWI.