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re: Article 894 expungement DWI

Posted on 7/13/15 at 1:43 pm to
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 1:43 pm to
quote:

While it is dangerous, it is not as dangerous...
Texting and driving is actually more dangerous
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 1:46 pm to
quote:

Texting and driving is actually more dangerous


That is an irresponsible blanket statement. Me sending a text at a red light is not as dangerous as me driving after a two-day bender. I promise.

I have almost gotten in a few wrecks texting, so I quit doing that. But I have fricked up some property driving drunk.
Posted by BilJ
Member since Sep 2003
163153 posts
Posted on 7/13/15 at 1:47 pm to
already posted the studies, grammar is TPOS that had shitty parents.

he's probably racist too. Just going to assume this, since that seems to be the trend in this thread, make huge jumps to conclusions based on little information.
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 1:47 pm to
quote:

That is an irresponsible blanket statement. Me sending a text at a red light is not as dangerous as me driving after a two-day bender. I promise.

I have almost gotten in a few wrecks texting, so I quit doing that. But I have fricked up some property driving drunk.
As a whole, taking in all available data, texting and driving is more dangerous than driving drunk. There are outliers of course, but the data and statistical analysis is what it is
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 1:50 pm to
quote:

grammar is TPOS


Dickish, but not a complete POS

quote:

had shitty parents.


Actually had pretty controlling parents (they sure shite wouldn't cover for drunk driving)

quote:

he's probably racist too.


meh

quote:

make huge jumps to conclusions based on little information.


pretty sure I didn't miss anything
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 1:51 pm to
quote:

As a whole, taking in all available data, texting and driving is more dangerous than driving drunk. There are outliers of course, but the data and statistical analysis is what it is


If as many people drove drunk as text and drive, or text and drove while drunk, I think the comparison might be more accurate.
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 1:54 pm to
quote:


If as many people drove drunk as text and drive, or text and drove while drunk, I think the comparison might be more accurate.
The studies have taken that into consideration. They arent just using sheer volume of wrecks. I know we want to vilify drunk driving because it is easier to do so. Nobody want to vilify texting and driving because it is something we do so often ourselves. Humans dont like to call themselves out

quote:

The truth is, texting while driving takes a driver’s eyes off the road for an average of 4.6 seconds and increases the chances of a crash by 23 percent. To put that into perspective, if a vehicle is traveling at 55mph, the average driver doesn’t look at the road for about the length of an entire football field while sending a text.

Car and Driver Magazine performed an experiment to document just how dangerous texting and driving can be, in comparison with the widely known risky activity of drunk driving. During the experiment, cars were rigged with a red light to alert drivers when to brake. The magazine tested how long it would take to hit the brakes when sober, when legally impaired at a BAC level of .08, when reading an e-mail and when sending a text. Sober, focused drivers took an average of 0.54 seconds to brake. For legally drunk drivers four feet needed to be added. An additional 36 feet was necessary for reading an e-mail, and a whopping added 70 feet was needed for sending a text.
Posted by sparkinator
Lake Claiborne
Member since Dec 2007
5098 posts
Posted on 7/13/15 at 1:54 pm to
quote:

has he even stated he's footing the bill for it? He said his son called and got a quote, thought it seemed high.


Exactly, this hasn't cost me a nickle. My son lost his job, paid all his fines, went to counseling, community service, etc. He has gone through all of this legal/court alone. I nor my wife ever sat down with a lawyer, or went to court with him. He committed the crime, and he manned up and paid the price.

When he was arrested, the trooper that administered the test told him to pursue an 894 expungement. Told him when he went to court to make sure his lawyer was attempting it from the start. His lawyer was hesitant, but my son insisted.
When brought up in court, the judge was only sitting temporarily, and wasn't sure how to proceed, but made sure in the minutes that they were proceeding fully aware that they would allow him to expunge his records if he fulfilled the obligations that the court handed down.

He now has fulfilled all of the obligations, and called his lawyer that handled his DWI. His lawyer said he would for 2 grand. I was just curious if that was a fair price, or if the lawyer was even necessary.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 7/13/15 at 1:55 pm to
quote:

I appreciate all of the concern on everyone's part, but the guy paid his debt and 'legally' he can have his record expunged. I just wanted to know if he needed a lawyer or not, and if 2 grand was out of line.

By the way, it's his 2 grand. Just like it was his money for all his fines.


Quoted for you, it appears you missed it while looking down from your high horse.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/13/15 at 1:57 pm to
quote:

Exactly, this hasn't cost me a nickle. My son lost his job, paid all his fines, went to counseling, community service, etc. He has gone through all of this legal/court alone. I nor my wife ever sat down with a lawyer, or went to court with him. He committed the crime, and he manned up and paid the price.

When he was arrested, the trooper that administered the test told him to pursue an 894 expungement. Told him when he went to court to make sure his lawyer was attempting it from the start. His lawyer was hesitant, but my son insisted.
When brought up in court, the judge was only sitting temporarily, and wasn't sure how to proceed, but made sure in the minutes that they were proceeding fully aware that they would allow him to expunge his records if he fulfilled the obligations that the court handed down.

He now has fulfilled all of the obligations, and called his lawyer that handled his DWI. His lawyer said he would for 2 grand. I was just curious if that was a fair price, or if the lawyer was even necessary.

so he hired a lawyer to make a guilty plea? not being sarcastic but this is what I got from your statement
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 1:57 pm to
quote:

Quoted for you, it appears you missed it while looking down from your high horse.



Missed what..?

The guy "paying his debt"..?

get real

ETA:
quote:

My son lost his job, paid all his fines, went to counseling, community service, etc.


Think that would happen if I got a texting ticket.?
This post was edited on 7/13/15 at 2:00 pm
Posted by theronswanson
House built with my hands
Member since Feb 2012
3272 posts
Posted on 7/13/15 at 1:59 pm to
OP, have you actually READ La. C.Cr.P 894? If you have then you would have seen that there are special requirements for an OWI. While you think $2,000 is expensive for sending letters and filling out forms and appearing at a hearing, its a drop in the bucket for a lawyer to deal with the headaches that result from dealing with the bureaucratic nightmare that are Louisiana agencies.

Someone's legal secretary friend may have done an 894 filing for a NON-OWI but I doubt for an OWI.

What will happen is that you will start doing it yourself, realize you are absolutely clueless, then go pay the lawyer his $2,000. Hell, if I were the lawyer I would then charge you $3,000 because you sound like a pain in the arse client.
This post was edited on 7/13/15 at 2:03 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 7/13/15 at 1:59 pm to
That his son is paying for everything himself, and daddy isn't paying anything.
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 7/13/15 at 2:00 pm to
quote:

Relax. Tell me you've never driven home from a bar after a few drinks




quote:

Nope



I call B?S..........


quote:

While it is dangerous, it is not as dangerous...



I say even more dangerous... Your eyes are NOT on the road while texting... It doesn't take but a second for something to happen and when your eyes are not on the road you could kill someone.........
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 2:01 pm to
quote:

I call B?S..........



never...want to take stabs at what drugs I've never done ?
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84835 posts
Posted on 7/13/15 at 2:01 pm to
quote:

so he hired a lawyer to make a guilty plea? not being sarcastic but this is what I got from your statement


Many state statutes for DUI expungement require that the defendant plead guilty.

If you plead not-guilty and get convicted, some states don't allow the crime to be expunged.

This post was edited on 7/13/15 at 2:02 pm
Posted by Broke
AKA Buttercup
Member since Sep 2006
65497 posts
Posted on 7/13/15 at 2:01 pm to
Some self righteous son of a bitches in here. I got one in 1990 (in college) and I had it expunged. That was enough of a lesson where I never did it again. This is how the system works right?

And that shite is totally gone. I couldn't even find a record of it applying for a concealed carry license.
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 2:02 pm to
quote:

I say even more dangerous
And you would be correct
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 7/13/15 at 2:04 pm to
If it were proven that I caused a wreck while texting, Id be fired. I also drive a company truck though.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 2:04 pm to
quote:

The studies have taken that into consideration.


Did you or anyone link the studies? I'm not doubting you, just asking.

quote:

I know we want to vilify drunk driving because it is easier to do so. Nobody want to vilify texting and driving because it is something we do so often ourselves. Humans dont like to call themselves out


I've admitted to doing both. Multiple times. It is only from my experience that I say I'm a much bigger danger to the public after a fifth than when texting "home in 10" at a red light.
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