Claimed Lawyer ProfileQ&A
- Criminal Law
- DUI & DWI
- Traffic Tickets
- Personal Injury
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Wisconsin Court System
- ID Number: 1014796
- English: Spoken, Written
- Law Office of Michael Hayes LLC
- - Current
- Hayes and Rothstein
- Marquette University Law School
- J.D. (1981) | Law
- University of Wisconsin - Madison
- B.S. (1977) | Bachelor of Science
- Wisconsin State Bar  # 1014796
- Seminar Moderator and Presenter at Strategies in Handling OWI Cases in Wisconsin
- Featured speaker at Lorman event Live Webinar, October 29, 2015
- Presenter of “Illinois Residents Arrested for OWI in Wisconsin” , 2019 Lake County Annual Bar Ass’n Meeting
Websites & Blogs
7 Questions Answered
- Q. My name is Clara and I'm assisting someone with a legal situation. I would appreciate your help very much.
- A: 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 can not exceed five years. You mention the OWI arrest being in 2012 and you state the penalties became more severe in 2016, with the reclassification of OWI 7th to be a Class F Felony. 2019 Wisconsin Act 106 provides that an OWI arrest on or after March 1, 2019 for an individual with six prior pertinent convictions, shall be charged with the Class F Felony, with statutory language requiring a mandatory minimum three-year period of initial confinement. You want to know which “sentencing guidelines” will be in effect when he is sentenced. This depends on which Judicial District includes the county where the case is pending. Whichever guidelines are in effect, the date of the violation determines which guidelines should be considered. The judge at sentencing is not required to confine a sentence within the range as set forth in the guidelines, but the judge may not exceed the maximum penalty of five years initial confinement followed by five years extended supervision, section 973.01(2).
- Q. Getting a license reinstated in another state
- A: 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. The revocation continues indefinitely until you comply with all reinstatement requirements. When you apply for an Illinois driver license, the Illinois Secretary of State will check with the National Driver Registry Problem Pointer System to see if your operating privilege is suspended, revoked or cancelled in any other state, and if so, you will not be eligible for issuance of a driver license in Illinois or any other state. Therefore, you must reinstate your operating privilege in Wisconsin to be eligible for a driver license in Illinois.
- Q. If I dont except the district attorneys deal can I be charged with bail jumping?
- A: 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.
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