Bankruptcy Attorney Near Me - La Crosse Wisconsin Bankruptcy Lawyer
Bankruptcy Attorney Near Me - La Crosse WI Bankruptcy Lawyer If you are in need of a bankruptcy attorney in the La Crosse county, Wisconsin area we'd love to help. If you are facing the task of having to file bankruptcy or are are in need of debt relief assitance, you probably have many questions. We can help answer those questions and give you the information and peace of mind you need to make the right decision for you. Our years of experience means you don't have to worry that you're getting the right help. We're located in La Crosse Wisconsin so help is nearby. Best Bankruptcy Attorney in La Crosse WI: https://youtu.be/Q8BrJMeds3A Our Bankruptcy Attorney La Crosse WI playlist can be viewed here: https://www.youtube.com/watch?v=Q8BrJMeds3A&list=PLp2S3StnugKSMTq4oJ5YFeblfvG8i8QQ5 #attorneysnearme #lacrosselawyers #bankruptcyattorney #debtrelieflawyer
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Friday, October 2, 2020
Best Divorce Mediation Family Law Child Custody Lawyer La Crosse WI
Best Divorce Mediation Family Law Child Custody Lawyer La Crosse WI
The Best Divorce lawyer in La Crosse WI We can help you with all of your legal needs including divorce mediation, family law, and child custody cases. We are available to help you navigate the challenges a divorce presents. We have years of experience and would love to hear from you. Please watch all of our videos on this channel to find out how we can help and how to get in touch. Divorce Attorney La Crosse WI Playlist: https://www.youtube.com/watch?v=MMERQGIWUeY&list=PLp2S3StnugKRRtPTJkKSWLSb3sqgtQ95d Divorce Lawyer in Onalaska WI: https://youtu.be/SWGm9r78-wI See all of our Lawyers In La Crosse WI videos here: https://www.youtube.com/watch?v=l6WFqj2z5Ts&list=PLp2S3StnugKRtf6qo2oXU9I1vTgncbn_e
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The Best Divorce lawyer in La Crosse WI We can help you with all of your legal needs including divorce mediation, family law, and child custody cases. We are available to help you navigate the challenges a divorce presents. We have years of experience and would love to hear from you. Please watch all of our videos on this channel to find out how we can help and how to get in touch. Divorce Attorney La Crosse WI Playlist: https://www.youtube.com/watch?v=MMERQGIWUeY&list=PLp2S3StnugKRRtPTJkKSWLSb3sqgtQ95d Divorce Lawyer in Onalaska WI: https://youtu.be/SWGm9r78-wI See all of our Lawyers In La Crosse WI videos here: https://www.youtube.com/watch?v=l6WFqj2z5Ts&list=PLp2S3StnugKRtf6qo2oXU9I1vTgncbn_e
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Monday, May 25, 2020
Monday, January 20, 2020
Lawyer Jokes (Vol 1)
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Tuesday, January 7, 2020
Wednesday, October 3, 2018
The Old Drunk bicyclist Debate?
Drinking and driving is not funny. But for some reason I find drunken bicyclists hysterical. I give full credit to anyone who knows they shouldn't drink and drive, and yet feel fully confident in hopping on a manually operated mobile machine that requires balance to successfully navigate.
So when I came across this interesting question, I had tosteal it curate it because, I'm a bit of a law nerd, and I've argued this very stance with friends before. Enjoy...
Bicyclists often inquire whether a Wisconsin bicyclist could be cited for biking under the influence. Police can cite people for whatever they feel is appropriate. However, if there is no legal basis for the charge, then the prosecutor should dismiss the charge after review. Here is a brief analysis of a hypothetical Wisconsin BUI charge:
Is There a Violation of Wisconsin Law?
Wisconsin Statute §346.63 holds in relevant part: No person may drive or operate a motor vehicle while under the influence or with a prohibited alcohol concentration. To convict a person of this offense, prosecutors generally must prove: 1. That a person operated a motor vehicle in an unsafe manner as a result of alcohol or unlawful controlled substance use, or 2. That a person had a .08 or higher BAC at the time of operation.
Does a Bicycle Fall Within The OWI Statue?
“Motor vehicle” is defined in §340.01 (35) as a vehicle which is self-propelled, except a vehicle operated exclusively on a rail. “Self Propelled” is not defined in the Wisconsin Statutes. "Bicycle" is defined as “Every vehicle propelled by the feet acting upon pedals and having wheels any 2 of which are not less than 14 inches in diameter.” “Vehicle” is defined in §939.22(44) as “Any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air.
Although not defined in the statutes, the plain meaning of self-propelled is a vehicle that can move by itself-without human power. For example, a car left in drive, or a lawnmower in gear. Moreover, since §346.63 states, “motor vehicle,” under the plain meaning of the statute, a bicycle does not fall within because a bicycle does not have a motor. A “motor bicycle,” defined in §340.01 (30) as a bike to which a power unit has been added or a bike operated by an electric motor, may be a different story.
When a law is unclear, besides looking at the plain meaning of a word or phrase, a court will look to legislative intent. When they enacted the law, did the legislature intend to include bicycles? Since the lawmakers used the word “motor vehicle” it does not appear the legislature intended to include bikes. Unless lawmakers change the law to include bicycles, courts would likely follow the plain meaning of the statute which requires operation of a “motor vehicle.”
A Wisconsin driver consents to a blood, breath, or urine test by driving a motor vehicle on a highway. See §343.305 (2). Since the implied consent statute refers to motor vehicles, it is unlikely that a bicyclist stopped for suspected BUI would have to consent to a blood or breath test (unless some other law applied). Therefore, if a bicyclist refused to provide a sample of his or her blood, breath, or urine, a court could find that the refusal was reasonable, or that the refusal statute does not even apply.
Unlike the above statutes which specifically refer to “motor vehicles”, the Wisconsin injury by intoxicated use of a vehicle law does not only refer to motor vehicles. §940.25 prohibits great bodily harm to another human by operation of a “vehicle.” If a Wisconsin bicyclist caused great bodily harm to another person while operating a bike intoxicated, he or she could face a potentially valid class F felony charge subject to a maximum 12.5 years prison and $25,000 fine. Note that “vehicle” is defined as self propelled, which may not apply to bicycles, however, since this statute includes vehicle and not “motor vehicle” the chance of being charged is much more likely than it is for a basic OWI. Furthermore, §346.02 (4) (a) holds that bicyclists are subject to the rules of the road, except provisions which by their express terms apply only to motor vehicles.
In sum, this attorney is unaware of any Wisconsin cases involving OWI for operating a bicycle. While the Wisconsin OWI law appears directed at motor vehicles, all bicyclists should always ride in a safe and courteous manner regardless of any law.
Note that this article is a summary of a hypothetical charge and as stated above, police are free to cite people for whatever they feel is appropriate at the time of arrest. Click for more information on Wisconsin bicycle and dui laws.
Motor bicycles fall under different rules. See State v. Koeppen 2014 WI App 94 (Ct Appeals 2014). A man was charged with 5th or 6th offense OWI for operating a motor bicycle. The arresting officer testified the bicycle operator's "feet were dangling off the sides of his bike and not on the pedals," and while on "flat" ground he was accelerating and maneuvering the bike without pedaling. The Circuit Court dismissed the case but the Wisconsin Court of Appeals reversed and held that becuase a motor bicycle is a motor vehicle within the meaning of Wis. Stat. 346.63 and 340.01 at least when being operated as self propelled rather than pedaled, a charge of OWI is proper under these circumstances.
CAN YOU GET A DUI/OWI ON YOUR BIKE IN WISCONSIN? first appeared on here.
So when I came across this interesting question, I had to
CAN YOU GET A DUI/OWI ON YOUR BIKE IN WISCONSIN?
Bicyclists often inquire whether a Wisconsin bicyclist could be cited for biking under the influence. Police can cite people for whatever they feel is appropriate. However, if there is no legal basis for the charge, then the prosecutor should dismiss the charge after review. Here is a brief analysis of a hypothetical Wisconsin BUI charge:
Is There a Violation of Wisconsin Law?
Wisconsin Statute §346.63 holds in relevant part: No person may drive or operate a motor vehicle while under the influence or with a prohibited alcohol concentration. To convict a person of this offense, prosecutors generally must prove: 1. That a person operated a motor vehicle in an unsafe manner as a result of alcohol or unlawful controlled substance use, or 2. That a person had a .08 or higher BAC at the time of operation.
Does a Bicycle Fall Within The OWI Statue?
“Motor vehicle” is defined in §340.01 (35) as a vehicle which is self-propelled, except a vehicle operated exclusively on a rail. “Self Propelled” is not defined in the Wisconsin Statutes. "Bicycle" is defined as “Every vehicle propelled by the feet acting upon pedals and having wheels any 2 of which are not less than 14 inches in diameter.” “Vehicle” is defined in §939.22(44) as “Any self-propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water, or in the air.
Although not defined in the statutes, the plain meaning of self-propelled is a vehicle that can move by itself-without human power. For example, a car left in drive, or a lawnmower in gear. Moreover, since §346.63 states, “motor vehicle,” under the plain meaning of the statute, a bicycle does not fall within because a bicycle does not have a motor. A “motor bicycle,” defined in §340.01 (30) as a bike to which a power unit has been added or a bike operated by an electric motor, may be a different story.
When a law is unclear, besides looking at the plain meaning of a word or phrase, a court will look to legislative intent. When they enacted the law, did the legislature intend to include bicycles? Since the lawmakers used the word “motor vehicle” it does not appear the legislature intended to include bikes. Unless lawmakers change the law to include bicycles, courts would likely follow the plain meaning of the statute which requires operation of a “motor vehicle.”
What About Refusing to Take a Test?
A Wisconsin driver consents to a blood, breath, or urine test by driving a motor vehicle on a highway. See §343.305 (2). Since the implied consent statute refers to motor vehicles, it is unlikely that a bicyclist stopped for suspected BUI would have to consent to a blood or breath test (unless some other law applied). Therefore, if a bicyclist refused to provide a sample of his or her blood, breath, or urine, a court could find that the refusal was reasonable, or that the refusal statute does not even apply.
What If a Bicyclist Injures Someone While Under the Influence of Alcohol or Drugs?
Unlike the above statutes which specifically refer to “motor vehicles”, the Wisconsin injury by intoxicated use of a vehicle law does not only refer to motor vehicles. §940.25 prohibits great bodily harm to another human by operation of a “vehicle.” If a Wisconsin bicyclist caused great bodily harm to another person while operating a bike intoxicated, he or she could face a potentially valid class F felony charge subject to a maximum 12.5 years prison and $25,000 fine. Note that “vehicle” is defined as self propelled, which may not apply to bicycles, however, since this statute includes vehicle and not “motor vehicle” the chance of being charged is much more likely than it is for a basic OWI. Furthermore, §346.02 (4) (a) holds that bicyclists are subject to the rules of the road, except provisions which by their express terms apply only to motor vehicles.
In sum, this attorney is unaware of any Wisconsin cases involving OWI for operating a bicycle. While the Wisconsin OWI law appears directed at motor vehicles, all bicyclists should always ride in a safe and courteous manner regardless of any law.
Note that this article is a summary of a hypothetical charge and as stated above, police are free to cite people for whatever they feel is appropriate at the time of arrest. Click for more information on Wisconsin bicycle and dui laws.
Motor bicycles fall under different rules. See State v. Koeppen 2014 WI App 94 (Ct Appeals 2014). A man was charged with 5th or 6th offense OWI for operating a motor bicycle. The arresting officer testified the bicycle operator's "feet were dangling off the sides of his bike and not on the pedals," and while on "flat" ground he was accelerating and maneuvering the bike without pedaling. The Circuit Court dismissed the case but the Wisconsin Court of Appeals reversed and held that becuase a motor bicycle is a motor vehicle within the meaning of Wis. Stat. 346.63 and 340.01 at least when being operated as self propelled rather than pedaled, a charge of OWI is proper under these circumstances.
CAN YOU GET A DUI/OWI ON YOUR BIKE IN WISCONSIN? first appeared on here.
Breastfeeding in Public Is FINALLY Legal in All 50 States
Women are constantly criticized and shamed for breastfeeding in public — but they can now officially say that it is completely legal across the United States.
For years, there were just two states — Utah and Idaho — that did not have laws in place to protect nursing mothers who need to breastfeed in public. But with new legislation, both states are now on board.
The bill passed in Utah with some resistance — the legislation at first stated that “A woman may breastfeed in any place of public accommodation … irrespective of whether the woman’s breast is uncovered during or incidental to the breast-feeding,” in line with the rest of the country.
But, according to the Salt Lake Tribune, Republican Representative Curt Webb thought the wording would lead to immodesty.
“This seems to say you don’t have to cover up at all,” Webb said. “I’m not comfortable with that, I’m just not. It’s really in your face.”
With the second part of the bill removed — it now just reads that women are permitted “to breastfeed in any place of public accommodation,” it passed through the state legislature with a vote of 66-5.
Idaho’s vote was smoother, with a vote of 66-0 approving legislation that protects breastfeeding mothers from indecent exposure and obscenity laws, according to the Idaho Statesman. However, the bill does not make it completely clear, as other states have done, that women have the right to breastfeed in public.
However, issues with the wording notwithstanding, with these two pieces of legislation it is officially legal to breastfeed in public in all 50 states. The United States is now up to speed with the U.K., Australia and other countries across the world that protect nursing mothers.
Breastfeeding in Public Is FINALLY Legal in All 50 States appeared first on https://people.com
For years, there were just two states — Utah and Idaho — that did not have laws in place to protect nursing mothers who need to breastfeed in public. But with new legislation, both states are now on board.
The bill passed in Utah with some resistance — the legislation at first stated that “A woman may breastfeed in any place of public accommodation … irrespective of whether the woman’s breast is uncovered during or incidental to the breast-feeding,” in line with the rest of the country.
But, according to the Salt Lake Tribune, Republican Representative Curt Webb thought the wording would lead to immodesty.
“This seems to say you don’t have to cover up at all,” Webb said. “I’m not comfortable with that, I’m just not. It’s really in your face.”
With the second part of the bill removed — it now just reads that women are permitted “to breastfeed in any place of public accommodation,” it passed through the state legislature with a vote of 66-5.
Idaho’s vote was smoother, with a vote of 66-0 approving legislation that protects breastfeeding mothers from indecent exposure and obscenity laws, according to the Idaho Statesman. However, the bill does not make it completely clear, as other states have done, that women have the right to breastfeed in public.
However, issues with the wording notwithstanding, with these two pieces of legislation it is officially legal to breastfeed in public in all 50 states. The United States is now up to speed with the U.K., Australia and other countries across the world that protect nursing mothers.
Breastfeeding in Public Is FINALLY Legal in All 50 States appeared first on https://people.com
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Best Divorce Mediation Family Law Child Custody Lawyer La Crosse WI The Best Divorce lawyer in La Crosse WI We can help you with all of you...
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Bankruptcy Attorney Near Me - La Crosse Wisconsin Bankruptcy Lawyer Bankruptcy Attorney Near Me - La Crosse WI Bankruptcy Lawyer If you are...
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Women are constantly criticized and shamed for breastfeeding in public — but they can now officially say that it is completely legal across ...
