Started By
Message

re: Article 894 expungement DWI

Posted on 7/13/15 at 2:05 pm to
Posted by BilJ
Member since Sep 2003
163153 posts
Posted on 7/13/15 at 2:05 pm to
quote:

I don't think Michael's ever done drugs. I don't know if anyone has ever offered him any.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/13/15 at 2:06 pm to
quote:

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.

Same goes for many non-adjudication statutes.



I see, that would be a tricky call, I think I would be inclined to go down fighting and definitely not trust any verbal assurance/agreement from any prosecutor or judge
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 7/13/15 at 2:06 pm to
Yes you need an attorney to file in your behalf, and yes $2,000 is pretty damn expensive. They should run more like $1,100.00 I would shop around before paying that.
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 7/13/15 at 2:06 pm to
I wouldn't say texting at a light while stopped is texting and driving though.
Posted by geauxfish24
Member since Feb 2008
2159 posts
Posted on 7/13/15 at 2:07 pm to
Let me ask this:

Got a dwi in 2004 (plead article 894) and met all requirements. Nothing other than speeding tickets since.

Should I go the process of getting it expunged for job application purposes? Or is it going to be there not matter what?

I've heard both sides of this....never have gotten a clear answer.
Posted by GrammarKnotsi
Hammond
Member since Feb 2013
10173 posts
Posted on 7/13/15 at 2:07 pm to
quote:

Are these facts scaring you, or are they not?
Posted by SabiDojo
Open to any suggestions.
Member since Nov 2010
84835 posts
Posted on 7/13/15 at 2:07 pm to
quote:

I see, that would be a tricky call, I think I would be inclined to go down fighting and definitely not trust any verbal assurance/agreement from any prosecutor or judge



I sat in on discussions for the DUI bill here in MS and I vehemently opposed the requirement. They were adamant about it.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/13/15 at 2:07 pm to
quote:

And that shite is totally gone.

it is not gone Broke
This post was edited on 7/13/15 at 2:11 pm
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
104488 posts
Posted on 7/13/15 at 2:07 pm to
quote:

I wouldn't say texting at a light while stopped is texting and driving though.


No shite.

Just like a study done with drivers at a .08 level doesn't reflect the impairment of someone who is at a .20. (Not sure what this dude's kid blew... just saying that there are multiple variables.)
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28324 posts
Posted on 7/13/15 at 2:08 pm to
Didn't read the thread but Art 894 is a one time thing that keeps the conviction off your driving record for insurance purposes I think, google it.

Getting a conviction expunged is a different animal. All fines and terms of the sentence (probation, fines and cost) have to be satisfied and the DA has to not oppose.

DWI conviction? prolly wont happen given the outrage over drunk driving these days.
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 2:08 pm to
quote:

It is only from my experience that I say I'm a much bigger danger to the public after a fifth

quote:

when texting "home in 10" at a red light.
Well yeh. You are taking drunk driving in its worst form (being absoultely shitfaced), and texting and driving in its best form( when sitting at a light and not moving.


What about driving after three beers and being .08, and texting your buddies about the strip club while driving 75 on the interstate?
This post was edited on 7/13/15 at 2:10 pm
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59461 posts
Posted on 7/13/15 at 2:10 pm to
Artie was comparing that to driving after drinking. Not a good comparison. Just pointing it out, Leroy.
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 2:11 pm to
quote:

Well yeh. You are taking drunk driving in its worst form (being absoultely shitfaced), and texting and driving in its best form( when sitting at a light and not moving.


What about driving after three beers and being .08, and texting your buddies about the strip club while driving 75 on the interstate?


Exactly my point and stated by someone else above. Too many factors for the blanket statement.
Posted by theronswanson
House built with my hands
Member since Feb 2012
3272 posts
Posted on 7/13/15 at 2:12 pm to
quote:

Didn't read the thread but Art 894 is a one time thing that keeps the conviction off your driving record for insurance purposes I think, google it.


Wrong.

quote:

Getting a conviction expunged is a different animal. All fines and terms of the sentence (probation, fines and cost) have to be satisfied and the DA has to not oppose.


If you haven't paid your fines and costs you are still on probation, so this is wrong.

quote:

DWI conviction? prolly wont happen given the outrage over drunk driving these days.


Lol, this is just brainless.
Posted by Broke
AKA Buttercup
Member since Sep 2006
65497 posts
Posted on 7/13/15 at 2:13 pm to
quote:

it is not gone Broke



The State Police couldn't find it. I had to get a letter from the Parish Courthouse saying they didn't have a record of it either. Because I told them on my application that I had one.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 7/13/15 at 2:13 pm to
quote:

this is just brainless.

yep, didn't want to open that box though
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 2:13 pm to
quote:

DWI conviction?


You can't have convictions expunged in Louisiana. Pleading under Art. 894 is not a conviction if you meet all terms of the plea.
Posted by lsupride87
Member since Dec 2007
112637 posts
Posted on 7/13/15 at 2:13 pm to
quote:

Too many factors for the blanket statement.
Im not making a blanket statement. I am just saying as a whole texting and driving has been studied to be more dangerous. Of course their are individual situations where texting will be better. A blanket statement would be "texting and driving is ALWAYS more dangerous"
Posted by Artie Rome
Hwy 1
Member since Jul 2014
8757 posts
Posted on 7/13/15 at 2:14 pm to
Fair enough.
Posted by Broke
AKA Buttercup
Member since Sep 2006
65497 posts
Posted on 7/13/15 at 2:16 pm to
quote:

You can't have convictions expunged in Louisiana. Pleading under Art. 894 is not a conviction if you meet all terms of the plea.


I think you actually plead no contest (nolo contender) or something like that.
first pageprev pagePage 5 of 7Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram