Schmidlkofer, Toth, Loeb & Drosen, LLCSchmidlkofer, Toth, Loeb & Drosen, LLC2024-02-28T17:36:06Zhttps://www.lawintosa.com/feed/atom/WordPress/wp-content/uploads/sites/1604221/2020/09/cropped-3431629_Favicon-Site-Identity-32x32.pngOn Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740502024-02-28T17:36:06Z2024-02-28T17:36:06Ztandardized field sobriety tests that police officers might administer. The walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test are all commonly accepted tests used to gauge someone's likelihood of chemical impairment.
What role do field sobriety tests potentially play in the average OWI traffic stop?
Tests can give police officers probable cause
In Wisconsin, police officers cannot arrest people based solely on a hunch or an unsubstantiated suspicion. They need clearly articulable evidence of a criminal offense to justify arresting someone. Field sobriety testing can help officers meet the necessary standard for an OWI arrest. While there might be other explanations for someone's poor performance on field sobriety tests, officers can still use test results to justify arresting someone. Once a police officer has the probable cause necessary to arrest someone, they can also request that a driver perform a chemical breath test.
A refusal to undergo chemical testing when an officer has sufficient probable cause to arrest someone for an OWI is a separate legal infraction. The refusal may constitute a violation of Wisconsin's implied consent law and could lead to secondary consequences, including an additional license suspension.
Generally, police officers need to administer the three standardized field sobriety tests rather than tests of their own design. They also need to perform the tests carefully to ensure that either their dashboard camera or their body camera captures the driver's performance on the test. The footage of someone's field sobriety test results could play a role in their criminal case later.
Drivers may sometimes want to decline field sobriety testing after a request from an officer or warn them in advance about medical challenges that could compromise their performance on those tests. Understanding how field sobriety tests factor into OWI cases may help people better handle the stress of a traffic stop or pending OWI charges.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740492024-01-31T12:37:43Z2024-01-31T12:37:43ZVacations and family travel
Taking a vacation with the children can be a way to bond after a difficult time. However, vacations are expensive and disruptive to a household schedule. One parent may fight the other on vacation plans if they have to rework their custody schedule to accommodate the travel. There could also be concerns about any travel that might take the children out of the state or out of the country. Clarifying restrictions on where and when parents can travel with their children can eliminate a potential source of conflict.
Phones and social media
If parents divorce while their children are still young, it could be many years before the children start asking for their own mobile devices. Eventually, young adults want to have their own phones and to join their peers on social media networks. Parents may fight over when the children are old enough to have their own devices, how much privacy they receive regarding the use of those devices and what social media use is appropriate. Establishing rules on those issues before the children start asking for devices can eliminate a potential source of conflict.
Extracurricular activities
When children get part-time jobs or join a sports team, their activities outside of school can put pressure on the family schedule. They can also generate financial challenges in some cases. Parents may want to discuss what activities might be appropriate and what ones would not be acceptable. They may also want to establish standards for when children can get a job or join a team.
By clarifying these matters ahead of time, parents can reduce the likelihood that they might end up embroiled in a major disagreement later. Establishing shared standards and expectations can set those preparing for years of co-parenting up for a greater chance of success.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740482023-12-28T20:05:36Z2023-12-28T15:22:09ZChoosing the right business structure is crucial for any entrepreneur, and a Limited Liability Company (LLC) is a popular option. An LLC blends elements of both sole proprietorship/partnership and corporate structures, offering distinct advantages.
With that being said, LLC structures are not best for every endeavor. As a result, it’s generally a good idea to seek personalized legal guidance before committing to one formation option over another.
Pros of an LLC
The most significant advantage of an LLC structure is the limited liability protection it offers. Owners (who are referred to as members once an LLC is formed) are typically not personally responsible for business debts and liabilities due to the structural safeguards built into an LLC formation. This means that members’ personal assets like homes, cars and personal bank accounts are protected in case the business faces lawsuits or debts.Additionally, LLCs enjoy a great deal of tax flexibility. By default, they are treated as pass-through entities, meaning that business income passes through to members' personal tax returns, and they pay personal income tax on those earnings. However, members can opt – during formation – to assume a corporate tax structure so that the company in question is treated as a distinct entity for tax purposes. Finally, LLCs are not subject to as many regulations as corporations, and they offer management flexibility. They can be member-managed, where all members participate in the decision-making process, or manager-managed, where certain members or outsiders are designated to manage the company.
Cons of an LLC
There are also some disadvantages tied to forming an LLC, including the fact that members of an LLC may be subject to self-employment taxes on their share of the business income. This tax burden can be higher compared to that of corporate shareholders.Additionally, transferring ownership in an LLC can be more complicated than in a corporation. In many cases, all members must approve adding new members or altering the ownership percentages of existing members.Finally, unlike corporations, LLCs cannot issue stock, which can be a hindrance for businesses looking to scale quickly or attract investors.
In a nutshell
An LLC offers a flexible and relatively simple business structure with the significant benefit of limited liability protection. However, its disadvantages should be carefully considered, as this structure doesn’t work best for all venture types. If you’re an aspiring business owner, seeking personalized legal guidance can help you to select the formation structure that is right for your vision. ]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740452023-11-30T08:34:25Z2023-11-30T08:34:25ZAt least twice a decade
Most financial advisors recommend that people review their estate planning paperwork every three to five years. Going over testamentary documents and other paperwork at least twice a decade will help ensure that someone remains compliant with state law.
They will also be in a better situation to recognize when their documents are no longer accurate. Perhaps they have added new beneficiaries to their families or changed relationships with those who previously played an important role in the estate plan. A regular review could help people make occasional changes to include the right beneficiaries and resources in their estate planning documents.
Any time situations change drastically
Even if someone routinely reviews their estate plan every three years, there are situations that may warrant the immediate review of existing paperwork. These situations include:
a death in the family
the birth of a new child
adoption or foster placement
divorce
marriage
property acquisition
sale of major assets
If a beneficiary or someone appointed to a role of responsibility in the estate plan dies or no longer has a positive relationship with the testator, that would be a reason to revise documents. So would a major change in someone's financial circumstances.
Finally, health issues can also prompt estate planning updates. Someone diagnosed with a terminal illness or reacting to a loved one's health challenges may need to make significant changes to their prior estate plan. The process of keeping an estate plan up to date is almost as important as putting one together in the first place.
Recognizing when it is time to make revisions to estate planning paperwork may help give people better peace of mind and better ensure that their documents remain legally enforceable when the need to use them arises.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740442023-12-28T20:05:50Z2023-10-25T19:46:50ZMore than a simple traffic mistake
Wisconsin defines reckless driving as the negligent operation of a motor vehicle in such a way that it either endangers another person’s life or property or is likely to do so.
Technically, all negligent driving behaviors are illegal, but most ordinary traffic mistakes result in a ticket; they’re not criminal offenses. If you just tap your brakes at a stop sign or are pulled over for going two miles over the speed limit, that’s not exactly reckless. However, you could easily be charged with this offense for things like:
Driving under the influence of drugs (including prescriptions or over-the-counter medications)
Driving under the influence of alcohol
Driving while texting or while otherwise distracted
Tailgating, rapidly switching lanes and weaving in and out of traffic
Aggressive driving as an act of road rage
Driving outside of the traffic lanes, down the berm or through the median strip
Just blowing through red lights or stop signs without even pausing
Intentionally blocking other vehicles with your vehicle
Street racing or “drag” racing on public streets
Driving at speeds well above the posted limit
Driving at speeds that are excessive for the road conditions
These kinds of actions show a very high degree of negligence, and there’s often a deliberate element to them, as opposed to an ordinary mistake.
If you’re charged with and convicted of reckless driving in this state, you could lose your driving privileges and face up to $10,000 in fines and six years behind bars. However, poor driving and a traffic violation aren’t the same as reckless driving. An experienced defense lawyer can help you minimize the fallout of your charges and help you to secure the best possible outcome for your case given the nuances of your unique circumstances.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740412023-09-25T21:08:54Z2023-09-25T21:08:54Zthree primary options for handling the issue of a family home are discussed below. Understanding them during a divorce can make the asset division process less complicated
A buyout by one spouse
When one spouse desires to retain the home while the other does not, the one with an interest in owning it moving forward may choose to buy out their spouse's share. This approach often involves securing a refinanced mortgage and negotiating with their spouse by offering other assets in exchange for sole ownership of the house. The new mortgage is necessary because the spouse who is giving up their share shouldn’t be held responsible if the other person misses payments in the future.
Sell the home
Many couples opt to sell their marital home to a third party. Even though it may have been their family home, both parties may wish to move forward separately and/or can no longer afford their current residence. This approach simplifies asset division by converting the property into liquid assets that can be fairly divided. There are potential drawbacks, though, such as the expense of both people purchasing new homes after the divorce.
Co-ownership post-divorce
Some couples decide to continue co-owning their home even after their divorce. They may do this with the intention of selling the property at a later date when market conditions are more favorable and they can make more money. Alternatively, they may maintain the home for the benefit of their children – for instance, allowing them to live there until they finish high school.
While these are the three main options, it's important to recognize that each divorce situation is unique and that these are not the only solutions available to couples struggling to decide how to manage their marital estate. Seeking personalized legal guidance can help to ensure that every divorcing couple reaches a fair solution that meets their needs to the greatest possible extent.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740402023-08-18T13:42:32Z2023-08-18T13:42:32Za few you may need to consider:
Are you both checking their projects and homework?
When you’re co-parenting, it’s easy for both parents to fall into the trap of thinking that the other parent has something handled – and homework and school projects can fall by the wayside, especially when the child switches households on the weekend. Consider setting up a messaging app that you and your co-parent (and your children, if they’re old enough) can use to coordinate any projects or reminders about homework.
Will you attend school events together?
You both need to stay informed about your children’s progress and struggles, and you should be there for any special events. As co-parents, it’s important to try to keep a united front for your children, so make it a habit to go to parent-teacher conferences together and attend band events, choir performances, academic award ceremonies and school plays even when something occurs on the “other parent’s time.” Again, an electronic calendar can help you keep each other informed and on track.
How are you going to handle snow days and emergencies?
Who will pick the kids up if they get sick at school? Who is best suited to either arrange for child care or work from home for the day if school is canceled due to cold or snow? Having a concrete plan in place can prevent confusion, eliminate a lot of frustration and keep your children safe and secure.
Sometimes the start of the school year makes co-parents realize that their parenting plans are missing a lot of details. If you find yourself in that situation, it may be worth discussing some revisions and seeking legal guidance to formalize them so that they’re enforceable moving forward.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=740382023-12-28T20:06:20Z2023-07-24T22:59:21Zdon’t have an estate plan. You may start wondering if you even need to create a plan at all. Maybe it’s not as necessary as you thought if no one is doing it.
Estate planning is certainly necessary
Make no mistake about it: Estate planning is necessary and important. The fact that most people don’t have an estate plan is a cause for concern, not an indication that this planning isn’t necessary. It just means that the majority of people are not prepared for the end of their life or a sudden incapacitation (like a coma caused by injuries stemming from a car wreck), which can create a lot of problems for their family.
For example, people who don’t have an estate plan create greater odds that family members will get into a dispute. The plan can tell the heirs how to distribute assets and divide up possessions. Without an estate plan, loved ones have to make these decisions, and the odds are simply rather high that they’re not going to agree about everything. This is especially true when it comes to sentimental items where heirs are unwilling to compromise.
Additionally, it’s important to remember that assets are not the only thing that the estate plan addresses. It also gives you a lot of tools that you can use to plan for any medical care you may need down the road. For example, you could create a living will to specify your wishes if you’re incapacitated. You could also use a medical power of attorney to give someone else the ability to make medical decisions on your behalf in an emergency.
Creating your plan
If you don’t have an estate plan yet, it is time to start making headway on that undertaking. Be sure you know about all of the legal options at your disposal by seeking legal guidance proactively.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=739672023-06-17T21:10:08Z2023-06-17T21:10:08ZQuestions about their recent activity
Officers may begin the conversation by indicating they noticed something unusual about how someone operated their vehicle. On the other hand, they may ask if the person understands why they initiated the traffic stop or may inquire about what someone did just before getting in their vehicle. The goal is to both get people to make statements that may implicate themselves and to evaluate their speech and appearance for signs of alcohol intoxication. If someone's answers or behavior increases an officer's suspicions, they may then have to exit the vehicle.
The performance of field sobriety tests
Police officers will ask people to perform field sobriety tests when there seems to be an indication of chemical impairment. Having someone stand on one leg, walk in a straight line or follow an object with their eyes but not their heads can help officers screen for physical warning signs of intoxication. Field sobriety tests can be a form of evidence during a criminal trial and can also create the probable cause that an officer needs to request a chemical test.
The administration of chemical tests
Officers who have a reason to believe that someone has had too much to drink can ask them to perform a chemical breath test. Anyone whose test results show that they are at or over the legal limit for their blood alcohol concentration (BAC) based on their license type will face arrest and prosecution.
Police officers often start gathering evidence that they intend to use against the defendant in criminal court from the first moments they approach a vehicle. Understanding how police officers develop OWI cases may benefit someone to make informed and respectfully (and lawfully) defensive decisions during a traffic stop.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLChttps://www.lawintosa.com/?p=739662023-05-18T23:47:10Z2023-05-18T23:47:10ZTo name a guardian for their dependents
When someone has minor children or a family member with special needs who depends on them for care, it may be necessary to name a guardian to take over their responsibilities if anything were to happen to them. Wills provide an opportunity to nominate a guardian and even an alternative candidate in case someone's first choice is unavailable or unwilling to accept that authority when the time comes.
To choose specific beneficiaries and a remainderman
A will is often where someone discusses who from their inner circle will inherit assets from their estate. It is common for people to focus primarily on specific major assets, like businesses, real estate and vehicles. A will can also include a clause naming a remainderman, which is an individual who will receive all of the residual assets in the estate after the distribution of the specifically named property. Naming a remainderman can prevent fighting over whatever assets remain after the distribution of the biggest assets.
To eliminate someone's inheritance claim
Sometimes, strained family relationships or a history of problematic behavior may lead to one person choosing to disinherit a family member who might otherwise receive quite a bit of property from their estate. It is not sufficient to simply eliminate someone as a beneficiary. People typically need to address the decision to disinherit someone who would expect to receive property explicitly in a will. By mentioning the choice to disinherit someone or leaving them a single, low-value asset, the testator can reduce the chance of someone else challenging their estate plan later.
Recognizing the common goals that people are able to achieve with a will can inspire someone to start formulating a broader estate plan that meets their needs. Seeking legal guidance can help you to achieve this end.]]>