Legal Question in DUI Law in Wisconsin

Hi, i did not recieve a DUI or Drunk driving ticket. I did recieve an underage ticket. I was walking on the sidewalk and doing nothing out of the ordinary. I was with two friends. This county sherrif pulled up next to us and said do not run, we have you on camera. So I didnt run for obvious reasons. The officer comes out the car and puts us in the back of his car sayin he doesn't want us to run. The next thing he does is breathalizes us. He does not say why or anything. We do blow some numbers obviously and then he starts writing tickets not ever saying why he stopped us or anything. Next he asks if we were the kids running accross the street. I reply no, because we were not. I believe I was being profiled. Can I get this ticket dropped or expunged from my record. May i do an alternative such as a class to also get this dropped or expunged. What should I do?


Asked on 12/07/10, 8:26 pm

2 Answers from Attorneys

JAY Nixon nixon law offices

Underage drinking ticket can lead to a loss of driver's license and increased auto insurance rates if not handled correctly; you should therefore immediately retain a lawyer. In some municipalities, diversion programs involving alcohol education are possible. If the judge concludes that the officer did not have probable cause to arrest you, the case would be thrown out, provided that this objection is not waived (waiver occurs automatically if not properly preserved and presented to the court. My comments here are not intended as legal advice and do not limit me from representing opposing interests against you (particularly since I do not even know the name of the adverse party), except in the extremely limited sense set forth in your Law Guru agreement. My response here is therefore not intended to create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.

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Answered on 12/13/10, 5:00 am
JAY Nixon nixon law offices

Underage drinking ticket can lead to a loss of driver's license and increased auto insurance rates if not handled correctly; you should therefore immediately retain a lawyer. In some municipalities, diversion programs involving alcohol education are possible. If the judge concludes that the officer did not have probable cause to arrest you, the case would be thrown out, provided that this objection is not waived (waiver occurs automatically if not properly preserved and presented to the court. My comments here are not intended as legal advice but rather are offerred only for public educational purposes. My response here is therefore does not create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.

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Answered on 12/13/10, 5:02 am


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