Legal Question in DUI Law in Wisconsin

Even if there are holes in the case, you still need to fight it or risk conviction despite its flaws. While you might be able to use an earlier judge's ruling of insufficient probable cause to help you in this new criminal case, it may not be enough. If the earlier finding was not in a court of record, such as a municipal court or a DMV administrative ruling, it has no binding effect upon the criminal court in the injury by drunken driving criminal prosecution. You therefore need to properly re-assert the motion and win it all over again if you still want to fight the charge, and the only person who will know how to do this correctly will be an experienced criminal defense lawyer. Drugged driving charges are complex and saying the wrong things can easily end up proving the government's case, so you should get an attorney as soon as possible, before saying anything further which could incriminate you. You do not indicate whether or not drug tests were taken, but if they were taken, your attorney may have good arguments for suppressing them based upon the history which you relate. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials..