Reckless Driving, Hit & Run, Operating While Intoxicated an Other Driving Offenses by Attorney Carlos Gamino : Legal Articles from Gamino Law Offices, LLC

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Reckless Driving, Hit & Run, Operating While Intoxicated an Other Driving Offenses by Attorney Carlos Gamino

by Gamino Law Offices on 03/02/14

Sometimes we all find ourselves in situations that, handled incorrectly, could form the basis for criminal charges.  It could happen to us, it could happen to you. Think of a time you were running late to that meeting or in a hurry to get the children from sports practice....  Are you a responsible driver all the time?  It likely that we are all guilty of being a negligent driver at some time, but sometimes what you do when you drive isn't just negligent, it can be criminal.  If you are lucky, no one gets hurt, there isn't an accident, and you do not face criminal charges nor municipal citations.  Clearly, the best way to avoid those issues is to follow the rules of the road when you are driving:   no speeding, no drinking, and no texting....  Driving laws are there to protect you and everyone else on the road. However, we know no one is perfect and accidents do occur. According to Milwaukee lawyer Carlos A. Gamino, what you do and say after a an accident, or after the police have caught you committing a driving offense, can make all the difference in the world when it come to what will happen next: from getting a speeding ticket, to being arrested for drunk or reckless driving, or facing felony charges of eluding an officer, or civil penalties for an accident....  Everything will depend on what happens after the incident.  Handled properly, you might be able to reduce the damage that you caused, but if you panic and make mistakes, you may just make things worse.  

You may have heard about a recent car accident in Milwaukee where a car was traveling at a high rate of speed and fell off a Milwaukee overpass injuring 2 people in the car.   and endangering the safety of anyone in the basketball court where the car landed.  If you read the news coverage, you can't help but wonder if the driver may be guilty of drunk driving causing injury?  Due to the injuries to the driver and the passenger, it is unlikely that the driver would have been able to flee the scene, and but if they had, they would be facing even more serious consequences.  

It is very common for our firm to hear about people who panicked after being involved in both serious and minor car accidents and who make the decision to leave the scene of the accident rather than call 911, or even stay to exchange personal and insurance information in a minor incident.  If you find yourself in a situation such as this, stay calm, and call for help - whether you need the assistance of emergency medical personnel, police, or an experienced criminal defense lawyer in Milwaukee - follow the law, be careful what you say, and don't make things worse for yourself.  

Wisconsin Statutes require that you stop when you've been involved in a car accident and may require that you provide the other driver with information and proof about who you are, your insurance, and that you render reasonable assistance to anyone injured in the accident such as calling for medical personnel.  It is important to remember however, that if you committed a crime or what you did could give rise to civil liability, anything you say during your encounter with the other party, witnesses, and police can be used against you later in court.  

We all may understand that stopping and providing assistance after an accident is the correct thing to do, but we can all find ourselves making mistakes that can have legal consequences and subject us to disciplinary action in the heat of the moment.  Unfortunately for people facing criminal charges, the Wisconsin criminal code, police and prosecutors aren't generally always as flexible nor as understanding as we may wish they were.  So, remember, whenever you find yourself behind the wheel of a car, do what the law requires you to do.

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