Hit by Stolen Car--Who Pays?

https://www.avvo.com/attorney-answers/53548-wi-jay-nixon-1529181/answers.html          My car was legally parked on the street and hit by a stolen vehicle, I currently do not have insurance, what should I do?  Who can I file a claim with? What course of action should I take? Thank you    

(Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)

Adding to the two good answers you already have here, you do have the right to sue the thieves, and/or driver, if you can find them. But folks who steal cars unfortunately don't often have other assets that you can take away from them in order to collect on a court judgment. Maybe they will have insurance if you can ever find them, which could still be liable to you if hitting your car was a legitimate accident, regardless of the fact that it was a stolen car. I wouldn't hold my breath waiting on that, however. At this late date, the smartest thing that you could right now is probably to write this one off to experience, and make sure that your next vehicle has full insurance, so that this doesn't happen to you a second time.. In SE Wisconsin, it would not surprise me at all if one out of three drivers were uninsured. Such folks also tend NOT to be the best or safest drivers. All this creates a very high risk that you will again be hit by one of them at some point in your life, if you continue to live in a major urban area, so next time, be prepared.

 

Dismissed but read in” possession of thc. This is the offer the DA is giving me. What does it mean and is this a deal that will have any negative impacts on me down the road? I’m a little confused and I would like more in-depth details on this before I take the plea negotiation. Any of your advice will be appreciated. Thank you.

(answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI .     Yes, there are negative consequences for read-ins. They are the same as convictions; that is, you more or less admit to them when agreeing to the read in, except that your maximum sentence on the other remaining charge(s) is the worst that can happen to you after the read in file is dismissed. The judge still can't exceed that, despite the read-ins. He or she can, however, give you extra time due to the read ins., so long as it is below the maximum on the other surviving charges on which you you will actually be convicted. All this being said, read-ins are a great way to resolve situations where there are too many charges to defend, as a practical matter. Not knowing your other details, I can't comment on whether or not they are a good idea for you, so talk to your lawyer, who will know the "big picture."

My trial has been getting pushed back over and over the last 3 years and I want to go to trial already when can i?    I’m innocent on a case and I want it to go to trial so I can win but they keep pushing the date back

(Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)  I'm guessing that you are represented by counsel here (if not you should be), so check if anything is preventing the trial on your end, i.e discovery or motions you need or new attorneys needing to get up to speed. Even with the pandemic, the biggest cause of delay is by far is still defense needs, rather than anything the government is doing. Assuming your attorney has all that, however, everyone should think twice before going to trial, since at least 95% percent of trials are won by the government. Consider the downside of conviction before you spin that roulette wheel, since the odds of winning are much lower than those of getting either red or black.

How do I go about speaking with a prosecutor about an unnecessary acceleration ticket?  (Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)

I got a ticket for unnecessary acceleration. I didn't take off that fast and never went over the speed limit. I've been driving for over 16 years and never pulled over once before this. Do I need to talk with the prosecutor before my court date or...   (Answer by Atty. Jay K. Nixon, Attorney with offices in both Kenosha & Janesville, WI)

I've had clients tell me that Waukesha prosecutors have a policy of not speaking with individual unrepresented defendants outside of court, regardless of the type of charge, and they are not the only county with this type of policy. If you are serious about getting the best possible deal, even on your traffic ticket, you should therefore retain counsel as soon as possible.