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Is Article 894 still a thing for DWI?

Posted on 3/19/17 at 1:23 pm
Posted by Broke
AKA Buttercup
Member since Sep 2006
65066 posts
Posted on 3/19/17 at 1:23 pm
My neighbors kid got popped a few weeks ago. Has to go to court soon. I remember this being the way to keep it off your record. Is there something new? The kid has paid a heavy personal price already for this assholery so no need to hammer him on it.
Posted by The Boat
Member since Oct 2008
164625 posts
Posted on 3/19/17 at 1:24 pm to
Half the OT has a DUI so you've actually come to the right place.
Posted by murse
Member since Mar 2017
96 posts
Posted on 3/19/17 at 1:30 pm to
quote:

DWI

quote:

this assholery


eh, let the kid rot for it. people who drink and drive are one of the lowest forms of human life.
This post was edited on 3/19/17 at 1:36 pm
Posted by CoachChappy
Member since May 2013
32680 posts
Posted on 3/19/17 at 1:32 pm to
quote:

The kid has paid a heavy personal price already for this assholery so no need to hammer him on it.

How so? I need to know how he has paid for it before I decide to be helpful
This post was edited on 3/19/17 at 1:33 pm
Posted by piratedude
baton rouge
Member since Oct 2009
2521 posts
Posted on 3/19/17 at 1:35 pm to
893 and 894 are still good law. Also many prosecutors have Pretoria diversion program that don't burn your 894
Posted by BabyTac
Austin, TX
Member since Jun 2008
12432 posts
Posted on 3/19/17 at 1:37 pm to
So you're reasoning on giving him a break is that the criminal is a 'good kid' and shouldn't have to pay the proper punishment for the crime he's committed? If this 'kid' wasn't your neighbor and lived in Scotlandville would you feel the same way?

I'm sure he dindu nuffin
This post was edited on 3/19/17 at 1:41 pm
Posted by tigersownall
Thibodaux
Member since Sep 2011
15400 posts
Posted on 3/19/17 at 1:42 pm to
Plead not guilty. Get into pti. Get a hardship license.
Posted by The Torch
DFW The Dub
Member since Aug 2014
19544 posts
Posted on 3/19/17 at 1:42 pm to
You can asked the judge to sentence you under Article 894 without a lawyer if your record is clean, if he will do it or not is up to the judge and probably the BAC.

If he does it the kid will have a hefty fine, community service and better keep his arse out of trouble for a year
Posted by cusoonkpd
Big Mamou
Member since Apr 2015
1595 posts
Posted on 3/19/17 at 1:43 pm to
did the same for my kid. Not here to judge, because I did same. In retrospect, was wrong thing to do.
Posted by FulshearTiger
Member since Jul 2015
5277 posts
Posted on 3/19/17 at 5:22 pm to
frick your neighbors kid and trying to get this off of his record.

frick you for trying to help them hide it.
Posted by chinhoyang
Member since Jun 2011
23790 posts
Posted on 3/19/17 at 8:13 pm to
You can plead guilty to DUI under 894, complete your probation early (where they allow it), then immediately get your drivers license back when the Court dismisses the DUI under 894.

In these cases, the defendant will due all the classes and community service before the plea. I've seen a plea, then dismissal, then restoration of drivers license in a week or less.
This post was edited on 3/19/17 at 8:19 pm
Posted by BoddaBoom7
Oxford, AL
Member since Jul 2016
957 posts
Posted on 3/19/17 at 8:17 pm to
Is 894 the same as pleading youthful offender?
Posted by lsu13lsu
Member since Jan 2008
11494 posts
Posted on 3/19/17 at 9:31 pm to
I know 90 year olds driving. No way their reaction time is better than most on the OT at drunk levels.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76807 posts
Posted on 3/19/17 at 9:58 pm to
Pretrial diversion is the best route.
An 894 plea is still a conviction and simply allows for an expungement, which is done down the line, costs a few hundred dollars, does not happen automatically, and is not nearly as good as avoiding the conviction in the first place.
Or he might want to hire a lawyer to see if it's even a good case for the state.
Sometimes a local lawyer can get a better deal than a pro se defendant.

If possible, pay the money, however much it is, to get pretrial intervention.
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