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Questions Answered by Michael Hayes
1 Answer | Asked in DUI / DWI for Wisconsin on
Q: My name is Clara and I'm assisting someone with a legal situation. I would appreciate your help very much.

He was arrested in Wisconsin in 2012 for 7th offense OWI, (class "G" Felony). However, It is my understanding that in 2016, the penalties pertaining to this type of offense in Wisconsin became more severe, and now are designated class "F". There is an upcoming hearing but he has... Read more »

Michael Hayes
Michael Hayes answered on Apr 27, 2020

The applicable range of penalty for an offense is determined by the violation date, not the conviction date. The arrest record correctly shows a Class G Felony, punishable by a fine not to exceed $25,000 or Imprisonment not to exceed 10 years, or both. Section 939.50(3)(g). The initial confinement... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Wisconsin on
Q: Getting a license reinstated in another state

so I got my license revoked in Wisconsin because of a dui 2 years ago, I'm eligible for reinstatement starting tomorrow. I'm also moving to Illinois in 4 days, do I still have to pay reinstatement in Wisconsin, or can I just get my license in Illinois?

Michael Hayes
Michael Hayes answered on Apr 13, 2020

Section 343.38(1) of the Wisconsin Statutes requires you to comply with the reinstatement requirements, including paying a $200 reinstatement fee. The court ordered that the DMV revoke your operating privilege for 2 years, but this does not mean your privilege to drive is automatically reinstated.... Read more »

1 Answer | Asked in Criminal Law for Wisconsin on
Q: If I dont except the district attorneys deal can I be charged with bail jumping?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

No. The conditions of bail are not violated by declining to accept an offer made by the District Attorney. You have the right to fight the case, which includes having motion hearings and a jury trial. You have the absolute right to advise the District Attorney that you are rejecting the offer.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: I had a misdermeanor dismissed, it showed up on a background check and I failed. How can this happen?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

It’s likely that the employer misread the document or was influenced by the mere fact of the arrest. What you refer to as a background check is a document prepared by the Wisconsin Department of Justice Criminal Information Bureau (CIB) based on fingerprints taken when you were arrested. The fact... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Wisconsin on
Q: Can the state of Wisconsin Dept of Rev collect on a 8 year old traffic violation? I just received notice.

I was an out of state commercial driver.

Michael Hayes
Michael Hayes answered on Mar 24, 2020

Yes. In Wisconsin a judge can order indefinite income tax refund intercept if the ticket is not paid by the deadline set in court, usually within 60 days of judgment.

1 Answer | Asked in Traffic Tickets for Pennsylvania on
Q: Can outstanding tickets on your old car rollover to your new car?
Michael Hayes
Michael Hayes answered on Mar 24, 2020

A conviction for a traffic citation appears on the driver’s state driving record abstract. The conviction does not relate to the title history of a vehicle or any future vehicle. If you fail to pay a traffic citation a number of things could occur depending on the terms of the judgment of... Read more »

3 Answers | Asked in DUI / DWI for California on
Q: What type of paperwork can show that my previous cases have closed and I have no open cases against me?

I have had 2 dui and driving on a suspended license cases in the past. Using my finger prints my FBI background check shows these cases but doesn't clearly show that these cases have ended. What type of paperwork can I ask from the court to show that these cases have concluded and that there... Read more »

Michael Hayes
Michael Hayes answered on Mar 24, 2020

Go to the Clerk of Court - Criminal Division to obtain a certified copy of the Judgement of Conviction or a certified copy of the judgment roll showing dismissal of the case.

Then go online to the California Department of Justice website to print out the Application to Obtain copy of State...
Read more »

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