Legal Question in DUI Law in Wisconsin

I just stood trial yesterday in the West Allis Municipal Court for OWI, Breathalyzer Refusal, Marijuana Possession, Drug Paraphernalia Possession and Resisting Arrest, with a verdict of guilty on all.

I do not have enough money to post my "bond" for all of these offenses (as required on appeal), so I want to appeal the OWI and Refusal only, as I can not afford to appeal them all or hire an attorney to help me on this at this time. I will eventually hire an attorney, but will not be able too until I have some more money, but need to get the appeal filed.

Here is a link ( http://visionvendor.com/transfer/WestAllis_vs_WCF_NoticeOfAppeal_01.pdf ) to the "Notice of Appeal" form I have filled out, but I do not know how to indicate on this form that I want to appeal only 2 of the 5 civil charges in this case. I also am not sure if this form will work as I used a City Of Milwaukee form and changed all relevant parts to West Allis (could not find West Allis version of this form). Lastly, I am not sure if my form could be rejected for me putting a PO Box number in for my "Street Address".

If anyone can help me figure out these three issues, it would be most appreciated. Also, if there is anything else I have done wrong on this form, I would appreciate hearing about it.

Thank you for you time and any assistance you may be able to provide to me on this topic.

Sincerely

W


Asked on 5/17/17, 6:53 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

A short and clear cover letter to the court explaining what (and what not) you are appealing should suffice, along with clear references to the citation numbers on all the forms. However, you seem to think that later, after you can afford it, you can come back and appeal the others. Unfortunately, nothing could be further from the truth. Once the time limit for appeal expires, it is forever lost. There is also not any right to reopen old convictions when you can afford to fight them; our justice system only gives you one kick at the cat to get your case resolved correctly, and that is the first time.

This answer is not legal advice and I am not your lawyer just because I answered it on a public website. Feel free to view my past answers to similar questions on AVVO at https://www.avvo.com/attorneys/53566-wi-jay-nixon-1529181/answers.html . Also see 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon and https://www.facebook.com/NixonLawOffices . Answers may contain attorney advertising materials and both questions and answers may be may also be used in attorney advertising.

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Answered on 5/21/17, 5:57 am


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