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re: Is Article 894 still a thing for DWI?

Posted on 3/19/17 at 2:16 pm to
Posted by cattus
Member since Jan 2009
13495 posts
Posted on 3/19/17 at 2:16 pm to
My point was to have perspective. He said it was a sensitive subject and understably so but that was an extreme statement.

I've never had a DUI but they are vicious up here. It's a money racket and they ruin peoples lives.

Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12129 posts
Posted on 3/19/17 at 2:19 pm to
quote:

sensitive subject, had a best friend get killed from a drunk driver.

to answer your question, i wouldn't say "worse" than but its still pretty fricking dumb in 2017 to get a DWI.

The problem is that many (maybe most) aren't actually drunk... hell, I'd bet a lot of them caught at check points aren't even buzzed.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 2:23 pm to
How about you quit being a judgemental ****? The guy asked for advice. We all understand drunk driving is bad and people have lost relatives and friends due to drunk driving. He should be able to plead an 894 for a first time offense. If he wants to plead not guilty get an attorney but it will be expensive. Pleading not guilty and getting it dropped is worth the money for a first offense IMO.. Did he take the breath test? or any other tests?
Posted by yellowfin
Coastal Bar
Member since May 2006
97806 posts
Posted on 3/19/17 at 2:24 pm to
If someone was texting and driving I wouldn't go around saying people that text and drive are the lowest forms
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 2:25 pm to
quote:

My point was to have perspective. He said it was a sensitive subject and understably so but that was an extreme statement. 

I've never had a DUI but they are vicious up here. It's a money racket and they ruin peoples lives. 


I understand. He's had someone close to him die bc someone made a stupid decision to drive drunk. To him, drunk drivers are low scum. I'd rate them top 5 tbhwy, simply bc I've had someone close to me make a stupid decision and kill his best friend's mother.

Above pedophiles or murders or rapists? No. So I see your side as well.
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 2:26 pm to
Show me where I said he shouldn't use a 894 and where I was being judgemental.

Don't worry....I'll wait.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 2:26 pm to
quote:


I understand. He's had someone close to him die bc someone made a stupid decision to drive drunk. To him, drunk drivers are low scum. I'd rate them top 5 tbhwy, simply bc I've had someone close to me make a stupid decision and kill his best friend's mother.

Above pedophiles or murders or rapists? No. So I see your side as well.


Gonna keep repeating yourself grandpa?
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 2:29 pm to
You didn't say anything about using an 894. You literally offered no advice and your opinion instead ya dumb skank.
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 2:33 pm to
So that's your go-to method huh? Disagree with Banana, get called a grandpa and a skank? I'm sure your bedpost notches have to be blitzed to f#ck you. I get why you're definitely pro-drunk trash.

If you must know, everyone in the thread has given the advice I'd state. I just happen to disagree that one poster got torched bc he disagrees with drunk driving.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 2:39 pm to
I guess your go-to method is to keep running your mouth instead of helping the guy out.

quote:

If you must know, everyone in the thread has given the advice I'd state. I just happen to disagree that one poster got torched bc he disagrees with drunk driving.


The advice you would state? Why didn't you state it then?
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 2:47 pm to
quote:

The advice you would state? Why didn't you state it then?


Exactly what was stated, which I just said. Are your reading comprehension skills not up to par? He should get a lawyer, try to use the 894, and make sure he stays clean and out of trouble for a year while on probation.

And again, I didn't offer any advice bc (let me dumb this down for you)....

1) it was stated
2) murse was getting blasted bc his OPINION wasn't the majority.

I never once was judgemental, nor was I ever disrespectful. Yet, you came in here blazing like a cracked out ninja like I had called the guy a monster.

Put down the pipe man.
Posted by tigersbb
Member since Oct 2012
10443 posts
Posted on 3/19/17 at 2:47 pm to
quote:

893 and 894 are still good law. Also many prosecutors have Pretoria diversion program that don't burn your 894


What are article 893 and 894? What is the difference between them and regular prosecution?

Is this the program where you get a restricted license and must use a breathalyzer to start your vehicle and must do hours of community service or pick up trash on the roadway?
Posted by yellowfin
Coastal Bar
Member since May 2006
97806 posts
Posted on 3/19/17 at 2:49 pm to
894 is your one get out of jail free pass


Use it wisely


ETA: most DAs have a pretrail diversion program that is a better option than 894
This post was edited on 3/19/17 at 2:51 pm
Posted by Gings5
HTX
Member since Jul 2016
8372 posts
Posted on 3/19/17 at 3:06 pm to
Like you haven't before...

He just got caught. Could have easily been you.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 3:13 pm to
quote:

Exactly what was stated, which I just said. Are your reading comprehension skills not up to par? He should get a lawyer, try to use the 894, and make sure he stays clean and out of trouble for a year while on probation.

And again, I didn't offer any advice bc (let me dumb this down for you)....

1) it was stated
2) murse was getting blasted bc his OPINION wasn't the majority.

I never once was judgemental, nor was I ever disrespectful. Yet, you came in here blazing like a cracked out ninja like I had called the guy a monster.

Put down the pipe man.


My god you are retarded. You don't need a lawyer with an 894. You get a lawyer if you want to plead not guilty and fight the case. Maybe it's a good thing you didn't offer any advice.
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 3:16 pm to
Sorry, I don't drink and drive and never had to even contemplate what I'd do if I did.

Do I need to define contemplate for you? Just let me know youngin.
Posted by jimmy the leg
Member since Aug 2007
35081 posts
Posted on 3/19/17 at 3:35 pm to
So how does going the 894 route go without an attorney? I am ignorant about this stuff but am curious as to time / costs etc. I have a relative that got one while visiting from Alabama at Mardi Gras. He took and passed the field sobriety test but was scared to take the breath test (he did have 3 or 4 beers while at a parade...roughly over a two hour period). I doubt he knows what an 894 is and financially hiring an attorney may not be feasible. Not a troll and yes, being drunk behind the wheel is unacceptable. Thanks for any info.
Posted by SaKi
Hooville
Member since Jul 2008
463 posts
Posted on 3/19/17 at 3:44 pm to
Fortunately, I have no knowledge nor experience with Article 894. You might want to ask Banana for all his expertise on the subject.

I hope your relative is able to work what's best for him/her, especially if it's a first offense.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 4:27 pm to
894 route means you plead guilty to the offense of a dui and pay the fines for the court costs and other violations. It will be the cheapest route but you will have to take classes and most likely a good bit of community service. If you do complete everything and not get in trouble they will remove it from your record. If you get another dui in 10 years it will count as a 2nd dui.
Posted by BananaManCan
Member since Sep 2009
4108 posts
Posted on 3/19/17 at 4:29 pm to
I'm glad you let me take over. Maybe you shouldn't poke around in threads and make comments about things you're clueless about.
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