Hayes & Rothstein

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In April 2011, a criminal charge of operating under the influence of a controlled substance (clonazepam) as a repeat offender was amended to reckless driving. This reduction eliminated a mandatory jail sentence of 5 days to 6 months (the District Attorney was recommending 60 days), a mandatory revocation of driving privileges of 12 to 18 months (the District Attorney was recommending 15 months), a fine of approximately $900 to $1,700, and the mandatory alcohol assessment and driver safety plan. A videotape showed our client almost striking a parked vehicle.

In trial in October 2012, our client was found not guilty of disorderly conduct following an incident where he taunted police officers who on two previous occasions had told our client and others on a porch to keep the noise down during a late evening barbecue. When the officers came a third time, our client said, "Hey, hey, f___ the police." He was arrested. The Court found that our client was certainly behaving in a stupid fashion but being stupid doesn't mean that our client was guilty of disorderly conduct.

In March 2012, a charge of operating while intoxicated (1st) was amended to reckless driving and the charge of improper refusal to submit to a chemical test was dismissed. The officer stopped our client for poor driving. However, the videotape of the driving did not confirm that our client was weaving outside his lane of travel or making wide turns. Our client was traveling north on 27th Street, west on Puetz, north on Liberty, and finally west on Forest Hill. The officer stated the poor driving started on 27th Street, but the officer stopped our client 4 minutes and 51 seconds later.

"Anything over 10 would be gone," said a circuit court judge in southeastern Wisconsin at a January 2010 proceeding for our client for OWI (5th offense). This was the judge's personal opinion as to whether OWI offenses occurring more than 10 years prior to the current offense should be considered in determining the penalty.

With more than 75 years of collective experience, the attorneys at Hayes & Rothstein have been listening carefully to the needs of our clients for decades, whether they are seeking just compensation for injuries from an auto or motorcycle accident or if they are facing OWI, drug crime, sex crime or other criminal charges. Each day we provide legal solutions that meet the unique circumstances of the people we serve. Our representation is personalized to meet your needs.

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