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Wisconsin DUI / DWI Questions & Answers
6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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1 Answer | Asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin on
Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: For a second 2nd dui, but the first was more than 10 years ago (in 2003) Do we have to install an interlock device.
Sarah Schmeiser
Sarah Schmeiser
answered on May 13, 2021

The law in Wisconsin does state that if you have a previous first offense DUI that was more than 10 years ago and you now have another first offense, you are required to have the ignition interlock device installed. In practical terms, if the information sent in to the Department of Transportation... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Is it possible to get an Ignition Interlock device removed early?
Walter A. Piel
Walter A. Piel
answered on Sep 17, 2020

The Wisconsin Department of Motor Vehicles will not allow an Ignition Interlock Device to be removed early. Based on your driving record and the time period imposed by the Court, the DMV will enforce and monitor the time period you are required to have the device in your vehicle and the time period... View More

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler
answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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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... View More

Michael Hayes
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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... View 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
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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.... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: I got an OWI and am underage. Will I lose my license? I live in Wisconsin.
Walter A. Piel
Walter A. Piel
answered on Jan 9, 2020

The revocation will depend specifically on how you were charged. There are mitigating penalties if you are charged with an “underage” OWI as opposed to an “adult” OWI, for lack of better terms. You should call an attorney. Have your citation available. I do provide free consultations, if... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Wisconsin on
Q: Am I entitled to review a police report prior to my court appearance? How do I obtain it?
Mark Ryan Thiessen
Mark Ryan Thiessen
answered on Jan 6, 2020

They usually won't give it to the client. And there is no way for them to find you and get it to you before your court appearance. The State will give it to your lawyer and he can let you read it.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How do I find a lawyer that can help me with my license and 3rd owi. When I live in Wisconsin but had an IL license?

I was recently stopped on a traffic stop during the stop they ran my name and found I was driving on a revoked drivers license. I have tried countless times to get my license back from the state of Illinois after my first OWI. Now I am facing a 3rd charge and really need a lawyer that can help me... View More

Walter A. Piel
Walter A. Piel
answered on Dec 11, 2019

You will need an attorney who can help you navigate Illinois separate from your new charges in Wisconsin. My office would be happy to provide a consultation for the Wisconsin charges. We have an attorney we can refer you to to consult in illinois that also practices in DUI matters and working with... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: How can I get having ignition interlock removed from my court order seeing I already did it?

I was a MI resident and got a DUI in a neighboring WI town in 2011. My license was revoked and then I had interlocking ignition installed with a restricted license. I got my MI license fully reinstated. Now 8 years later moved to WI and they want me to put interlocking ignition on my car for... View More

Walter A. Piel
Walter A. Piel
answered on Oct 18, 2019

There are steps you must take to satisfy the requirements Wisconsin imposed at the time of the conviction. I would need further information regarding the length of time Wisconsin ordered the Ignition Interlock Device to be installed vs how long Michigan required the device on your vehicle to... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: If a university serves alcohol at an event and a student who's under 21 sneaks in, drinks, and subsequently gets into a

car accident, can the university be held responsible?

Aaron W Schenk
Aaron W Schenk
answered on Aug 6, 2018

Not necessarily in a criminal sense. Normally, there might be the chance of civil liability. But, most universities have sovereign immunity based on their relationship to the state.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: For a second DUI can you get an IID instead of a suspended license?
Aaron W Schenk
Aaron W Schenk
answered on Apr 12, 2018

Unfortunately, if you get convicted, you are looking at a drivers’ license revocation And an IID. I highly recommend that you seek counsel to help you with this matter.

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: If the jail marked "released" in my file, am I still looking at jail time?

I was sentanced to a month in jail for an OWI. when I reported to the jail to check myself in, they took my ID and had me fill out paperwork on my health. I turned in the paperwork n waited in the lobby for 2 hours. They never cuffed me, and were closing so I left. I checked the jail roster... View More

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Feb 27, 2018

You have to do the jail time or use up credit if you were in jail before bailed out. Contact the jailer immediately. Do not assume you have done the time. You can face additional charges if you make a mistake or assumption here. See a lawyer if need be, NOW.

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: Can the host of a party be arrested if a guest later drives drunk?
Aaron W Schenk
Aaron W Schenk
answered on Feb 9, 2018

It all depends on whether a crime was committed. Feel free to contact us if you have any more questions.

1 Answer | Asked in Criminal Law and DUI / DWI for Wisconsin on
Q: My OWI charge hasn’t been filed and my court date is tomorrow. It’s been 5 weeks what could be going on?

I haven’t received a BAC ticket, I took a blood test and breathe test. I was never told my results. Nothing shows up on CCAP and I haven’t received anything about a license suspension from the DMV. This was in Wisconsin and is my 2nd

Stephen Pleck Johnson
Stephen Pleck Johnson
answered on Jan 24, 2018

You should get a 30 day notice (you could answer in 10/13 days from date of notice) re the DMV. The BAC ticket will be filed or amended to the OWI criminal complaint. Results will be on the probable cause part of the criminal complaint

1 Answer | Asked in Traffic Tickets, Criminal Law and DUI / DWI for Wisconsin on
Q: I have bench warrant in 2 counties for missed traffic court dates. Is it possible to resolve this without jail time

The warrants are in Racine and Milwaukee. I was going to go to intake court in Milwaukee and they informed that they would hold me for the warrant in Racine and if I tried to go in for the one in Racine first that they would hold me for the one In Milwaukee. I'm trying to avoid being processed... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

IT sounds unlikely that you will walk away from two separate bench warrants without visiting a jail.

Call a GREAT traffic offense lawyer, in WI, for a FREE consultation. Here is one, that I can recommend:

Ms. Tracey Wood, 608-284-1200

Tell her William Head from Atlanta referred you.

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