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I have just recently been arrested. Along with some other…

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I have just recently been...
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: 2 years ago.Category: Criminal Law
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2/16/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,501
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

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

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Customer reply replied 2 years ago
Over 5 years and yes they were all in Wisconsin
Customer reply replied 2 years ago
I recently got my regular drivers license back last June
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Thank,

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

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Customer reply replied 2 years 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?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Can you scan the citations? Edit out your name.

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Customer reply replied 2 years ago
Unfortunately I cannot right now. But as I mentioned they do not require a court appearance
Customer reply replied 2 years ago
The other "kick" is iwas not operating a vehicle after time the police appeared
Customer reply replied 2 years ago
Do you have any recommendations or suggestions for me?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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?

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Customer reply replied 2 years 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 reply replied 2 years ago
I did admit however to not even knowing that I urinated in the parking lot
Customer reply replied 2 years ago
Do you possibly have any suggestions or recommendations after these last two statements
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

Hang on, I'll be posting shortly.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.

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Customer reply replied 2 years ago
I understand. However I'm still questioning why I don't have to appear in court
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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?

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Customer reply replied 2 years ago
Ordinance violated or adopting state statute?
Customer reply replied 2 years ago
I'm sorry but I have to start getting ready for work. Thank you for your time.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years 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.

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