If you got pulled over for driving under the influence (DUI) and admitted to drinking while on the side of the road, you might be thinking that it’s time to plead guilty. After all, you confessed to the crime, so it must be time to accept the consequences and try to move on.

Right?

Wrong. Even if you told your arresting officer that you had been drinking, you may still have several options for fighting your DUI charge in Wisconsin. Here, Middleton DUI defense lawyer Stephen E. Mays discusses five ways that you may be able to avoid a DUI conviction:

4 Ways to Avoid a DUI Conviction Even If You Admitted to Drinking

1. Showing that Your Admission Doesn’t Constitute a DUI Confession

Just because you admitted to drinking, this doesn’t necessarily mean that you were drunk behind the wheel. For example, let’s say the arresting officer asked you if you had been drinking, and you simply responded “Yes.” The officer then asked you to step out of the car, and the officer proceeded to administer the breathalyzer and administer the field sobriety tests (FSTs) without asking you any additional questions.

In this scenario, what did you actually admit? All you admitted to was that you had been drinking at some point in the past. This leaves open key questions such as:

• How many drinks did you have?
• What types of drinks did you have?
• How long ago did you have your last drink?

To secure a conviction, prosecutors must be able to prove your guilt beyond a reasonable doubt. With these types of key questions left unanswered, your “confession” does relatively little to help build the prosecution’s case against you.  

Now, what if you said something else? For example, what if the officer asked if you knew why he pulled you over, and you responded, “Probably because I was driving drunk.” Even in this scenario, your words aren’t necessarily proof that you are guilty of DUI.

Why? One reason is that you might be wrong. Even if you think you are intoxicated, you might not be—at least not for purposes of Wisconsin’s DUI statute. Proving intoxication requires clear evidence and expert analysis—and most private citizens (and even most police officers) don’t have the expertise needed to accurately evaluate a person’s level of alcohol impairment.

2. Showing that the Prosecution Doesn’t Have Enough Other Evidence to Convict You

Given that any admissions you may have made on the side of the road are inherently unreliable, prosecutors will need more than just your own words to convict you—or at least they should if you have an experienced DUI defense lawyer on your side. With this in mind, another way to avoid a conviction after you admit to drinking is to show that prosecutors don’t have enough other evidence of guilt.

To secure a conviction, prosecutors must be able to prove that either: (i) you were “incapable of safely driving” due to your alcohol consumption; or, (ii) you had a “prohibited alcohol concentration” (i.e., your BAC was 0.08 or above if you are over 21). Proving that you were “incapable of safely driving” requires more than just evidence that you were drinking, and proving that your BAC was over the legal limit requires a valid breath, blood, or urine test. If prosecutors don’t have the evidence they need, then you are entitled to a “not guilty” verdict regardless of whether you were drunk behind the wheel.

3. Asserting Your Constitutional Rights to Keep Your Admission Out of Court

Another way an experienced DUI defense lawyer may be able to help you avoid a conviction is by keeping your admission (and potentially the prosecution’s other evidence) out of court. This may be an option if:

• The police stopped you in violation of your Fourth Amendment rights; 
• The police arrested you in violation of your Fourth Amendment rights; or,
• The police interrogated you in violation of your Fifth Amendment rights.

Prosecutors cannot use evidence that the police obtain in violation of your constitutional rights. So, if the police or prosecutors violated your rights—and if your lawyer can prove it—this can also serve to protect you even if you were driving under the influence at the time of your arrest.

4. Negotiating a Plea Bargain that Reduces Your Charge

Finally, even if you can’t challenge the prosecution’s evidence, you may still be able to avoid the severe consequences of a DUI conviction by negotiating a plea bargain. For example, in many cases, it will be possible to negotiate a plea to a “wet reckless”—essentially a reckless driving charge that involves alcohol consumption.

The penalties for reckless driving in Wisconsin are far less severe than the penalties for driving under the influence. The long-term consequences of pleading guilty to reckless driving are far less severe than getting convicted of DUI as well. With all of that said, you never want to plead guilty if you don’t have to, so you should talk to an experienced DUI defense lawyer before you make any decisions about how to approach your case.

Contact Us for a Free DUI Defense Consultation in Middleton, WI

If you are facing a DUI charge in Wisconsin and you admitted to drinking, we strongly encourage you to contact us for more information about how to handle your case. To arrange a free, no-obligation consultation with an experienced DUI defense lawyer in Middleton, call 608-291-9402 or get in touch with us online today.

I am injured and collecting Wisconsin Workers Compensation Benefits, my Workers Compensation Adjuster says that I do not need an attorney, is this true?

While it is true that many workers compensation programs were originally developed to relieve the injured worker from the cost of hiring an attorney, that only applies in a perfect world where the work injury claim has been fully conceded/accepted and the worker is getting ALL the benefits that he is entitled, without argument, delay, or hassle from the workers compensation insurance carrier.

Sadly, rarely does this “Perfect World” happen when a Wisconsin worker is injured.  The workers compensation insurance carrier always has an eye out looking for an opportunity to deny the claim, lessen its exposure and responsibility.  With that mindset, the insurance company looks for any reason to not pay, delay and ultimately find a reason to deny the claim.  These carriers have many tricks up their sleeves to either never pay or stop benefits.  They may claim that the injury never occurred at work, or that the injury is personal to the worker, and therefore not related to what happened on the job.  Or, they may claim that the worker did not report the injury timely, or that the factual rendition of how the injury occurred is not true.  Sometimes, the carrier just ignores the workers and does not even respond to the report of injury and just hopes that the worker will just go away.  Mays Law Office has seen and heard it all from workers compensation insurance carriers.  When hiring an attorney, the injured worker needs to make sure that they choose an attorney with years of experience representing injured workers and aggressively advocates to ensure that the worker is getting every benefit they are entitled to under the law.

Even if you are not quite ready to hire an attorney, at the very least, make a call to Mays Law Office for a free consultation to discuss with Attorney Lisa Pierobon Mays if you are being treated lawfully by the insurance company and getting every monetary benefit under the law.

During most consultations, Attorney Lisa Pierobon Mays can spot concerning issues, such as advising on benefits not told by the workers compensation insurance carrier.  Such benefits, like reimbursement of .51 cents a mile for mileage for medical treatment, therapy, and pharmacy runs.  Most injured workers are never told that they have to make the request to the claims adjuster for reimbursement of mileage if the claim has been accepted.  Or perhaps, the injured worker is having her privacy violated by the workers compensation nurse who shows up at her medical appointment and insists on going into the examination room and participates in the medical appointment by asking questions of the doctor.  Attorney Pierobon Mays will caution the injured worker that they can deny such access and forbid this intrusion.  Or, when it comes to who to treat with, injured workers do not know that they can choose their own treating doctor.  The workers compensation insurance carrier cannot dictate the workers medical treatment.  In Wisconsin, the injured worker chooses who they will treat with.

Oftentimes, Attorney Lisa Pierobon Mays gets calls from an injured worker because they have been instructed that they have to go see a workers compensation insurance doctor, termed “Independent Medical Examiner” or an “IME.”  Ironically, there is nothing independent about these doctors.  These doctors are hired by the workers compensation insurance companies with a bent toward denying benefits.  These doctors do not offer medical treatment.  They see the injured worker for 15-30 minutes, at a rented facility, ask a few questions, all in the hopes that the worker will say or do something inconsistent to give them a bit of information to use against the worker.  Like, when one injured worker told the doctor that, before the injury, he enjoyed weightlifting.  The alleged Independent Medical Examiner then used this information of weightlifting against the injured worker claiming that the injury was not caused by the lifting of the 100 pound machine which caused the worker to drop to his knees screaming in pain because he herniated a disk in his back.

During your initial consultation and conversation with Attorney Lisa Pierobon Mays, she will spot these troubling issues and guide you accordingly.  Such as how does an injured worker interact and communicate with these IME doctors?  Attorney Pierobon Mays will quickly correct that this doctor appointment should be seen as an “adverse medical doctor, ” not your friend or advocate.  Attorney Pierobon Mays will instruct that every injured work needs to take and keep a silent witness at their side in this adverse appointment.  This is a new change in the law that Attorney Pierobon Mays help initiate in Wisconsin.  Attorney Pierobon Mays will provide the injured worker with other Do’s and Don’ts in preparation for this adverse appointment.   Keep in mind, these doctors have marching orders from the workers compensation carrier to act in their favor, which is generally not in line with the injured worker’s interest of collecting benefits.  So, even if the injured worker is getting benefits now, it is always good to have a familiar voice to call on in the event the insurance carrier wants the worker to see their doctor/IME.  Establishing a relationship with an experienced workers compensation attorney early on will provide confidence.  Confidence that, if an attorney is needed in the future then a trusted relationship with Mays Law Office to advocate and collect has already been established.

If a workers compensation attorney is necessary, under the Wisconsin law, workers’ compensation lawyers can only charge up to 20% of the disputed amount recovered.  This attorney fee is deducted from the injured workers recovered compensation.  With this, the injured worker does not pay until they receive compensation for their injury or illness.

Nothing can compensate pain and suffering following a work injury, however receiving workers compensation benefits under the Wisconsin worker compensation laws is an important step on the way back to recovery.  Lisa Pierobon Mays helps guide injured workers through the Wisconsin workers compensation system, working to ensure that the necessary paperwork is properly filed.  Lisa stays involved in all of her clients’ claims and she never turns her client’s over to a paralegal.  Lisa is involved from the first contact, through doctor appointments, to preparing the claim and client for a potential hearing, often pushing the workers compensation insurance company to make a fair settlement or defend itself at hearing.

Lisa is not intimidated by any employer or insurance carrier.  She has taken on the big box retailers, nationally recognized organizations, and institutions in advocating for her clients.  For more information, call for a free same day consultation at 608-291-7609

If you are facing a DUI charge in Wisconsin, you need to defend yourself by all means available. There are several ways to fight a DUI charge, and mounting a successful defense starts with understanding which defenses you can use based on the facts and circumstances of your case.

It also starts with understanding what “defenses” won’t actually protect you.

When you are at risk for a DUI conviction, mistakes can be costly. While there are several mistakes you need to avoid, one of the most dangerous mistakes you can make is saying something that prosecutors can use against you. Too often, we see people say things that they think will protect them, but that in reality only serve to help seal their conviction.

What Not to Say When Facing a DUI Charge in Wisconsin

What are some examples of the things you need to avoid saying when facing a DUI charge in Wisconsin? Here are 10 common “defenses” that not only won’t protect you, but that can also do more harm than good:

1. You Thought You Were Okay to Drive

When facing a DUI charge in Wisconsin, it doesn’t matter whether you intentionally broke the law. If you are under the influence “to a degree which renders [you] incapable of safely driving” or your blood alcohol concentration (BAC) is above the legal limit, you can be found guilty of DUI. If you tell the police or the judge that you thought you were okay to drive, this can effectively amount to a confession that you got behind the wheel after drinking.

2. You Just Had One Beer, Shot, or Glass of Wine

While most people are aware of Wisconsin’s BAC limit (which is 0.08% for most drivers), far fewer people are aware that you can be charged with DUI even if your BAC is below the legal limit. This is based on the language in Wisconsin’s DUI statute quoted above. Even if you just have one beer, shot, or glass of wine, if this renders you “incapable of safely driving,” you can be convicted of DUI in Wisconsin.

3. You Were Only a Little Bit Buzzed

For this same reason, you should not tell the police or the judge that you were “only a little bit buzzed.” In Wisconsin, any evidence of alcohol impairment can be enough to justify a conviction.

4. You Thought You Waited Long Enough Before Driving

If you think you might be too drunk to drive, the right thing to do is wait until you are sober before getting behind the wheel. But, even if you try to do the right thing, you can still be convicted of DUI if you don’t wait long enough. This is similar to saying that you thought you were okay to drive. While it might seem like a sound defense, it simply isn’t.

5. You Didn’t Have Any Other Way to Get Home

When you are too drunk to drive, not having another way to get home is not an excuse for getting behind the wheel. If your designated driver left without you or your Uber driver never showed, the law says that you needed to find another way home.

6. You Weren’t Driving When the Police Approached Your Vehicle

There is a common misconception that you can’t be convicted if you aren’t driving when the police approach your vehicle. We’re not sure where this comes from, but it is dangerously incorrect. Even if you are parked when the police approach you, it is still very possible to face a DUI conviction.

7. You Weren’t Driving Dangerously

Another common misconception is that you can avoid a DUI conviction if you weren’t driving dangerously. In Wisconsin, you can be convicted of DUI if you are “incapable of safely driving” or your BAC is over the legal limit. Prosecutors do not need to prove both. So, even if you are fully capable of maintaining control of your vehicle, if you blow above the legal limit on the breathalyzer, this alone can be enough to establish your guilt in court.

8. The Police Stopped You for a Nonmoving Traffic Violation (Not for Drunk Driving)

When the police conduct a lawful traffic stop, they can pursue charges for any traffic violation or criminal offense for which they find probable cause to make an arrest. This means that even if a police officer pulled you over for a broken taillight, if the officer smelled alcohol on your breath after pulling you over, the officer acted appropriately in testing you for alcohol intoxication or impairment.

9. The Police Didn’t Read Your Miranda Rights

Under the U.S. Constitution, the police must read your rights before interrogating you in custody. However, police officers are not required to read your rights before they make an arrest on the side of the road. This means that if you confessed to drinking and driving before your arrest, your confession could be admissible even though the arresting officer hadn’t yet read your Miranda rights.

10. You’re Sorry and You Won’t Do It Again

In Wisconsin, being sorry isn’t enough to save you from a DUI conviction. If you admit to driving under the influence—even if you say that you will never do it again—you can expect to be convicted in court.

While none of these “defenses” will protect you, as we mentioned in the introduction, there are several ways to fight a DUI in Wisconsin. When you meet with a lawyer about your DUI case, your lawyer will examine all of the options you may have for beating your DUI charge. Before you say anything that could make it harder (if not impossible) to fight your DUI, you owe it to yourself to seek advice from an experienced defense lawyer.

Discuss Your Case with a DUI Defense Lawyer in Madison, WI

If you are facing a DUI charge in Wisconsin, we strongly encourage you to contact us before you say anything that could jeopardize your defense. To arrange a free and confidential consultation as soon as possible, call 608-291-7609 or send us a message online now. 

Reflecting back on 2022, the criminal defense side of Mays Law Office, LLC had some very interesting cases with some spectacular results.  A few highlights from Attorneys Stephen Mays and John Orth warrant mention:

Client N.J. avoided a felony conviction (fourth offense Operating While Intoxicated), which would have sent him to Federal Prison due to him being on Federal Probation at the time.  (New felony conviction = revocation of federal probation).  While driving at a time the State was unable to establish, Client N.J. went off the road and hit a barn on someone’s property.  After the accident, Client N.J. went home and consumed alcohol.  There were witnesses to this after-driving alcohol consumption.  The arresting agency arrived at the scene of the accident approximately five (5) hours after the accident took place.  They concluded that N.J. was the driver, went to his residence, and arrested him for a fourth offense operating while intoxicated (OWI).  Client N.J. originally admitted driving, but no time was established, and he told the police he drank quite a bit after arriving home.  Client N.J. originally retained Mays Law Office, LLC, thinking this was his third offense OWI.  Client N.J. had a blood alcohol content (BAC) level of .074 at the time he was arrested – which made Client N.J. under the legal limit for driving on a 3^rd offense (.08).  The State later discovered the existence of a third prior OWI conviction – making this current allegation a 4^th Offense, where his legal limit now would be .02.  Attorney Steve Mays was able to convince the State that they could not establish the time of driving, thereby making the BAC test of .074 not legally relevant or admissible in the case as not having been taken within three (3) hours of any time of driving.  Additionally, Attorney Mays also convinced the State that they could not establish that Client N.J. was intoxicated before the accident occurred, rather than having gotten to the .074 level after arriving home following the accident.  In conclusion, the State agreed it could not prove Client N.J. was either intoxicated or had a prohibited alcohol concentration in going off the road and hitting the barn.  Thus, and because Client N.J. had admitted to driving the vehicle which hit the barn, the State agreed to amend the felony fourth offense OWI to a misdemeanor charge of Negligent Operation of a Vehicle off the Highway.  A huge victory for Client N.J. as he avoided the possibility of going to prison and a lifetime driver’s license revocation on the original OWI 4^th charge, as well as having his Federal Probation revoked and sent back to Federal Prison for close to three (3) years.

Client B.M. avoided a hefty prison sentence that a sixth offense operating while intoxicated (OWI) carries by the proactiveness and tenacity demonstrated by Attorney John Orth in this case.  Client B.M. was seen in his vehicle by an officer parked at a closed gas station in the early hours of the morning.  The officer ran the registration and determined that it was valid and that the registered owner possessed a valid driver license.  Client B.M. exited the parking lot and the officer continued patrolling the area.  Approximately 20 minutes later, the same officer saw Client B.M. again parked at a different closed gas station.  The officer stated in his narrative report that this was “suspicious in nature” due to recent calls of burglaries and catalytic converter thefts in the area and he therefore initiated a traffic stop of Client B.M.  Attorney Orth took the position that, while perhaps somewhat unusual, there was nothing inherently “suspicious” about Client B.M.’s behavior, nor could any logical connection be made between the observed conduct and burglary or auto parts theft.  However, perhaps realizing that the grounds upon which he had detained Client B.M. were shaky, the officer conveniently added to his report that Client B.M.’s license plate was obstructed by its frame and therefore the stop could be justified based on an equipment violation.  Client B.M., knowing his plate was not obstructed, took a picture of it immediately upon his release on bail and sent it to Mays Law Office.  But as anyone familiar with the justice system will attest, in these situations, nine times out of ten the officer will simply claim, “That’s not how it was the night of the stop”, and nine times out of ten judges will accept this explanation.  Unfortunately, the officer’s squad video was insufficiently clear to establish the condition of the plate.  However, a careful review of a backup officer’s body cam revealed a split-second window of time in which the plate could clearly be seen.  It was not obstructed and was in precisely the condition depicted in Client B.M.’s photograph.  Armed with a screen capture, Attorney Orth was able to definitively disprove the officer’s claim.  In a motion to suppress any evidence obtained as a result of the unlawful stop of Client B.M., Attorney Orth argued that the officer was simply and impermissibly acting on a hunch rather than legitimate reasonable suspicion of criminal activity in violation of Client B.M.’s 4^th Amendment right to be free of unreasonable searches and seizures and that the alleged equipment violation was an outright fabrication.  When the time came for the Court to hear the defense’s suppression motion, rather than allowing his officer to be humiliated on the stand, the prosecuting attorney released the officer from his subpoena and directed him to leave, conceded that the stop was unlawful and moved to dismiss the case in its entirety.  Client B.M. walked out of the courthouse vindicated and no longer facing a prison sentence of up to ten (10) years.

Client F.C. needed Mays Law Office’s services when he was charged with a third offense Operating While Intoxicated (OWI).  Attorney Steve Mays had known Client F.C. personally prior to this incident.  When Client F.C. initially called Attorney Mays for help with his legal case, Attorney Mays spoke to him and, at Client F.C.’s request, he also spoke with Client F.C.’s brother, mother and other family members.  This was because Client F.C. was going to be entering an in-patient Alcohol and Other Drug Abuse (AODA) treatment facility.  Client F.C. wanted Attorney Mays to be able to be in contact with his family while he was in the treatment facility.  This ended up being one of the best things, and a big part of the success Client F.C. would end up having in his journey toward sobriety.  Attorney Mays joined forces with the family to be an ever-present source of support for Client F.C.  Throughout the case, Attorney Mays spoke with, or had some contact with, both Client F.C. or his family, at least once a week to stay apprised as to his well-being and status in the treatment facility.  While Client F.C. ultimately chose to accept full responsibility for his actions and plead guilty to the OWI charge, Client F.C. was able to take back control of his life by becoming sober.  He attributes this to his voluntary entry into the Sober Living House and the support of Attorney Mays and Client F.C.’s family unit – both of which continued to support him and his goal of changing his life.  In a recent conversation with Client F.C., he proudly relayed to Mays Law Office that as of that day he was 319 days sober and counting.  He is now dedicated to helping others who struggle with an alcohol addiction by being a sponsor to them and being there for them in their time of need.  Although this is not the classic “win” in the eyes of the law (i.e., we did not suppress evidence or get the ever-so-satisfying two word “Not Guilty” verdict), it was a win for Client F.C., his loved ones and Mays Law Office knowing he has taken charge of the direction he wants his life to go.  We could not be more proud of him and his dedication to a new lifestyle and complete sobriety and his dedication to assist others still struggling with addiction.

These cases are just a sampling of the results Attorneys Steve Mays and John Orth were able to achieve this past year, 2022.  Through constant communication with our clients we have proven to get outstanding results for them.  Steve and John always act with an eye for winning at any level, in any type of case.  No case is too difficult or intimidating for them.  They are not afraid to take on any prosecutor or advocate for their clients to any judge Statewide.  They have, just this past year, appeared in over 40 counties throughout Wisconsin.  And while they are tenacious litigators, they still view each case individually, and personally, and realize that every client who hires them is more than just a client – they are people.  They are always treated with the utmost respect and concern for each of their individual situations.  That’s why Mays Law Office gets the majority of its criminal and OWI clients from personal referrals from past and current clients.  These results are just the tip of the iceberg of the criminal defense/OWI success Mays Law Office, LLC experienced in 2022.  If you are in need of an experienced criminal defense and/or OWI attorney, call Mays Law Office, LLC today at (608) 305-4518.

When you are facing a DUI charge in Wisconsin, mistakes can be costly. Some mistakes can lead to unnecessary penalties, and others can result in a guilty verdict when you are entitled to walk free. As a result, you need to be very careful, and you need to know what not to do while your case is pending.

What are the mistakes you need to avoid after getting arrested for driving under the influence (DUI) in Wisconsin? Here are 10 things you should not do in order to give yourself the best chance of asserting a successful defense:

Mistake #1: Assume You Will Be Found Guilty

No matter what happened, you should never assume that you will be found guilty of DUI. Even if you were driving drunk, you could still have several defenses available. Prosecutors might not have the evidence they need to prove your guilt beyond a reasonable doubt; or, even if they have the evidence they need, it might not be admissible in court. If prosecutors can’t use their evidence against you, it doesn’t matter if you were drunk behind the wheel—the law says that you are entitled to walk free.

Mistake #2: Assume You Will Be Able to Talk Your Way Out of a Conviction

While you should not assume that you will be found guilty, you also should not assume that you will be able to talk your way out of a conviction. Facing a DUI charge is a serious matter. It is the prosecutor’s job to convict you, and it is the judge’s job to impose a sentence in accordance with Wisconsin law. If your plan is to walk into court and then walk out a free person, your case is not going to go how you want it to go.  

Mistake #3: Ignore Relevant Facts

In a DUI case, all of the facts surrounding your arrest could be relevant to your defense. This includes not only what you were doing before the police stopped you, but what happened during (and even after) your DUI stop as well. With this in mind, when you are preparing to meet with a criminal defense lawyer, it is a good idea to take detailed notes. Write down everything you remember from the night in question—from where the police started following you to what the arresting officer said to you on the side of the road.

Mistake #4: Focus on Facts that Aren’t Relevant

While you need to avoid ignoring relevant facts, you also need to avoid focusing on facts that aren’t relevant to your defense. For example, if your Uber didn’t show up or your designated driver left without you, this does not justify driving under the influence. Likewise, even if you didn’t think you were too drunk to drive, if you were too drunk to drive, it doesn’t matter that you made an honest mistake.

Mistake #5: Get Another DUI

When you are awaiting trial on a DUI charge in Wisconsin, it is very important that you do not get arrested for DUI again. You want to be able to show the judge that you made a one-time mistake, and that you are remorseful about what happened. If you get another DUI, this could make it much more difficult to assert a successful defense—and it will also increase the penalties you are facing in your second DUI case.

Mistake #6: Get Stopped or Arrested for Anything Else

Just as you need to avoid getting another DUI, you also need to avoid getting stopped or arrested for anything else. When you have a DUI charge pending, any type of interaction with law enforcement can increase the risks involved. To protect yourself, avoid alcohol and drugs, carefully follow Wisconsin’s traffic laws, and avoid spending time with anyone who might get you into trouble.

Mistake #7: Overlook Potential Defenses

In addition to making sure you consider all of the facts that are relevant to your DUI case, you also need to make sure you consider all of the defenses you have available. There are a variety of potential defenses to DUI charges in Wisconsin—including defenses you can assert regardless of your BAC (or any other evidence of impairment). If you overlook defenses that you have available, you could end up getting convicted even though you are entitled to an acquittal.

Mistake #8: Ignore Options for Favorably Resolving Your DUI Case

Along with asserting defenses that can protect you against a conviction in court, you may also have other options for favorably resolving your DUI case in Wisconsin. This is true even if you were driving drunk. For example, an experienced defense lawyer may be able to help you secure a plea deal that minimizes the consequences of your DUI arrest.

Mistake #9: Miss a Court Date

Regardless of the options you have available, you can lose these options if you disrespect the judicial process. This includes missing a court date. When you are facing a DUI charge, you need to make plans to be in court on time, and you should plan to be there with your defense lawyer.

Mistake #10: Try to Handle Your DUI Case on Your Own

This brings us to our last mistake: trying to handle your DUI case on your own. Due to the challenges and risks involved, you need to have an experienced defense lawyer on your side. An experienced defense lawyer can help with all aspects of your case, and hiring a defense lawyer to protect you can be the least expensive way to handle your DUI.  

Discuss Your Case with a DUI Defense Lawyer in Middleton for Free

Are you facing a DUI charge in Wisconsin? If so, we can help, but it is important that you contact us right away. To get started with a free and confidential consultation, call 608-291-9402 or tell us how we can reach you online now. 

Attorney Lisa Pierobon Mays Reflects Back on the Best of 2022

In starting a New Year, Mays Law Office reflects on the last twelve months with great excitement and pride.  In 2022, Attorney Lisa Pierobon Mays recovered more than One Million Dollars ($1,000.000) in workers compensation benefits for the injured Wisconsin worker.

Mays Law Office prides itself on the diverseness of its clients.  Notable recoveries were achieved for:

Client Z.B. recovered $95,000 when she suffered the amputation of 3 toes on the right foot after stepping on a dirty nail protruding from a board at a campsite that she was instructed to clean up.  Causation leading to amputation would seem easy as infection from a dirty nail seems obvious.  However, Client Z.B. had previously suffered a toe amputation on the same foot prior to the dirty nail event because she is diabetic, a personal condition characteristically known for causing amputation.  Mays Law Office claimed that the damage to the right foot prevented Z.B. from ever being able to work in a competitive environment and making the kind of money she made prior to the injury.  The issue in this claim was, did the dirty nail or personal condition of diabetes cause the additional right toe amputations, and if so, to what extent did it affect her wage-earning ability?  The rub in this claim, apart from the diabetic personal condition of previous amputations on the same foot, was that Client Z.B. was highly skilled with an incredible work history.  Her resume included training horses, acting as a criminal profiler, and author of two novels available on Amazon.  To claim that she was incapable of at least sedentary/sit-down work was a tough sell.  Regardless, Mays Law Office achieved a strong settlement amount despite the pitfalls we would have faced had it been litigated it to a judge.

Client O.Z recovered a six-figure settlement in his workers compensation claim against his employer, a national delivery company when he injured his knee while working on the dock operating a pallet jack that maneuvered awkwardly, causing a twinging or stinger pain to his knee.  Previous pain and medical treatment to the same knee were found in his medical records, and the claim was denied as a pre-existing condition.  Despite these obstacles, Client O.Z. recovered the full value of his claim for disability and lost time because Mays Law Office made an additional claim for potential Retraining due to permanent physical restrictions, which prevented him from returning to his employment or anything comparable in pay.  The rub in this claim was that Client O.Z. had no intentions of pursuing an occupational claim for Retraining.  He was in his mid-sixties and wanted to retire rather than return to the workforce.  By asserting the potential for Retraining, Attorney Lisa Pierobon Mays was able to inflate the potential value of the claim so that a settlement could be achieved that would allow a settlement at the value of the claim for disability and lost time.  Client O.Z. avoided a hearing and achieved the same effect as if he went to the hearing and won the full value of his claim.

Client Z.R. sought out Attorney Lisa Pierobon Mays after having difficulty finding counsel interested in his claim.   The rub was that the treating surgeon had left the State of Wisconsin and relocated his practice to another state.   It took Attorney Pierobon Mays more than four months to finally track down the doctor in another state, get him to return her phone calls, and ultimately agree to complete paperwork on Z.R.’s behalf.  Doctors are hesitant to stay involved with patients from former employers as liability, licensing, and access to medical records can be tricky.  Moreover, all communication had to be during off-hours and not related to the surgeon’s current medical employer.  Needless to say, charm mixed with assertiveness needed to be used delicately when working with this surgeon in completing paperwork on behalf of Client Z.B.  Ultimately, a very satisfactory settlement of $85,000 was achieved for Client R.Z.  But…the story does not end there.  The workers’ compensation insurance carrier was not timely in paying Z.B. his settlement monies despite numerous written reminders by Attorney Lisa Pierobon Mays to their legal counsel.  Ultimately, it was feared by the insurance company that their behavior would be seen as unjustified in their failure to timely pay Client Z.B. his settlement monies and lead to another claim – a Bad Faith Penalty Claim and/or Delay in Payment under the Wisconsin Workers Compensation Statutes, Chapter 102.  Due to this late payment of less than 30 days delay, an additional settlement of $15,000 was achieved for Client Z.B.

Client W.K. hurt his right knee while working at a convenience store.  The claim was denied by the workers’ compensation carrier asserting the knee was arthritic before the minor injury at work and, therefore, personal to him and unrelated to the event at work.  The claim was statutorily valued at only $23,000 for disability, lost time, and medical expense BUT Mays Law Office achieved a settlement of $100,000 for Client W.K.  Using smart advocacy, Attorney Lisa Pierobon Mays argued that the knee, while only deemed 10% permanently disabled today, was going to deteriorate in the future requiring a total knee replacement.  This kind of knee replacement procedure could cost the workers’ compensation carrier dearly in the future if Client W.K. won at the hearing.  Fearing such, the insurance carrier offered $100,000 to fully settle the claim.  Client W.Z. was delighted with this settlement because his knee was no longer symptomatic, he had no intentions of undergoing a total knee replacement, and he was employed with full medical benefits if the knee ever caused him any more problems.  Ultimately, he pocketed the value of a big “what-if” feared by the insurance carrier.

These four 2022 successful claims are a sampling of the results that Attorney Lisa Pierobon Mays achieves for her clients.  Attorney Pierobon Mays attributes these results to strong advocacy skills.  She communicates often with her clients.  She listens and truly hears what her clients are telling her.  She acts in their best interest.  She handles every single one of her cases individually and never hands them off to an associate attorney or paralegal.  She is not afraid to take on difficult claims, often those that no other attorney wants.  These 2022 results cannot be denied.  If you are an injured Wisconsin worker, call Mays Law Office today at (608)305-4518 for a free consultation with a workers’ comp lawyer.