Legal Question in DUI Law in Wisconsin

I received OWI and BAC in September of .10 in a municipality in Wisconsin, 1st offense. Officer initially gave me 10/2 court date and then stated it wouldn't work, and wrote in pen 11/6 court date on my carbon copy. I will mandatory lose my license from 10/7/09 to 4/14/10.

I went to court 11/6, and I was not on docket...they stated I was already convicted on 10/2 and that I had an FTA. I showed them what I got from officer and pled "not guilty". Next day I requested jury trial in circuit court. Six days later they returned my check stating that since I had an FTA I forfeited my right to jury trial, as I was already convicted. I personally went there (municipality) and showed clerks tickets and PR bond that officer gave me. They investigated and stated I would get letter from circuit court downtown, giving me court date. So far no letter from circuit court and it has been 3 weeks.

BUT...I got letter from DMV stating my BAC suspension case was "released" and that my privilege to drive was now valid...I went to DMV website and it now states I have a valid license. What does "released" mean? and even if court made error I should still lose my license for 6 months.

Can I be tried again since they already convicted me? It was a court clerks/Officer error. Other than the tickets, the other documents I received had 11/6 (the day I showed up for court) hearing. The court seems to acknowledge this.


Asked on 11/30/09, 5:27 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

My guess is that your good news will soon run dry once the case is revived and the error corrected. I could not interpret the DMV correspondence without seeing it, but "released" possibly might mean that your license was reinstated. However, administrative suspensions can go through even if you beat the underlying citation in court; the DVM proceedings really amount to a totally separate charge in a separate court, and you could lose your license again at any time that way regardless of what happens in court. I would therefore recommend that you retain an attorney as soon as possible and discuss all of this with experienced legal counsel. If pursued quickly enough, the attorney might be able to file paperwork to attempt to save your driver's license by challenging your administrative suspension. This right normally expires ten days after issuance of the citation but might possibly be extended for you due to the errors. If this is not done within ten days, you could lose all right to fight it, even if you are found not guilty on the underlying drunk driving charge. A lawyer may also spot defenses which may not be readily apparent to you such as whether or not there was probable cause to arrest you, whether the test was properly offered to you on a functional intoximeter machine in a timely fashion, and whether or not the result of the test supports a conviction. Although there is legislation to make certain first offense drunk driving cases into criminal cases, at this particular moment in time they are usually non-criminal, and the worst that can happen is loss of license, a huge fine, a court ordered alcohol assessment, mandatory installation of an ignition interlock device, and much higher insurance premiums over the next ten years. On a second or subsequent offense, you are face mandatory jail and should definitely get a lawyer. Other than advising you to immediately get a lawyer, my comments here do not constitute legal advice and do not create an attorney/client relationship between. However, you are more than welcome to contact me via my direct email address posted here or by phone in order to discuss arrangements for me to possibly accept your case for full representation.

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Answered on 12/09/09, 3:47 pm


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