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re: Article 894 expungement DWI
Posted on 7/13/15 at 2:17 pm to Artie Rome
Posted on 7/13/15 at 2:17 pm to Artie Rome
So if you meet all conditions, what does this technically mean?
1
Posted on 7/13/15 at 2:18 pm to lsupride87
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
I call bullshite. There are about 30K driving fatalities per yer, 10K of which are estimated to be alcohol related (1/3).
Since texting took off (~2005), fatalities have steadily decreased. Now you could argue they would have decreased even more without cell phones/texting (they probably would have), but there is no way that around 2005 there has been a surge of 10K+ fatalities and yet, the total number of fatalities took a nose dive. I would bet texting fatalities are a few hundred a year.
Posted on 7/13/15 at 2:19 pm to theronswanson
quote:
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.
No, I haven't read it. I googled it, and on the first page was a thread from 5 years ago on Tigerdroppings discussing it. The thread was locked, so I started this one. It's been informative.
Thanks for all the replies.
Posted on 7/13/15 at 2:20 pm to CaptainsWafer
quote:
Artie was comparing that to driving after drinking. Not a good comparison. Just pointing it out, Leroy.
I was agreeing with you, my bad if it came across more sarcastic. Assuming sarcasm in my posts will yield correct interpretations most of the time, though.
Posted on 7/13/15 at 2:21 pm to LSUBoo
Word. Tone is hard to grasp through text. I wasn't sure what kind of "no shite" you were giving there.
Posted on 7/13/15 at 2:22 pm to Broke
quote:
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.
the gov't. has long ago done away with the rocket scientist requirement for hiring employees, particularly clerical and admin types, but it's there, not trying to be a smartass and I'm not an attorney or LEO, but I've done a lot of work at my company dealing with people that have had alcohol related incidents and have learned quite a bit on the legal side of it, for instance, if you have a sealed record as a result of something similar to an 894 and get stopped, when the cop has run your info through the computer, everything will come up including an "SR" notation, he punches a key and your "sealed record" pops up, as I posted earlier, it may get by some perfunctory checks but it is part of a permanent record
Posted on 7/13/15 at 2:22 pm to lsumatt
Id bet against a few hundred. But cars are becoming safer as well, also reducing fatalities.
Posted on 7/13/15 at 2:23 pm to Broke
quote:
I think you actually plead no contest (nolo contender) or something like that.
You plead guilt under Article 894. Then when you complete the terms of probation, the charge is dismissed. A nolo contender is strictly for civil liability. It means that you agree that the prosecution can prove your guilt, but you aren't admitting you did wrong. That way it can't be used against you if you get sued. I have never seen an 894 accompany a nolo contender plea, but I haven't dealt with that stuff in years.
Posted on 7/13/15 at 2:24 pm to theronswanson
quote:
Someone's legal secretary friend may have done an 894 filing for a NON-OWI but I doubt for an OWI.
Or someone's legal secretary friend thought she knew what she was doing, but didn't.
Posted on 7/13/15 at 2:25 pm to sparkinator
Sparkinator, let me know if you'd like the number of another Lincoln Parish attorney to check with?
Posted on 7/13/15 at 2:25 pm to Artie Rome
quote:
I have never seen an 894 accompany a nolo contender plea,
I did but that was over 25 years ago so who knows.
Posted on 7/13/15 at 2:26 pm to geauxfish24
quote:
So if you meet all conditions, what does this technically mean?
When you plead guilty under Art. 894, you are given a suspended sentence and there are a bunch of probation requirements you have to abide by. If you fulfill the terms of the probation requirements, the charges are dropped. There is no conviction, and you can request an expungement.
Posted on 7/13/15 at 2:28 pm to Artie Rome
OP, the amount of wrong information in this thread is simply mind boggling and is the exact reason you should just shell out cash for an attorney.
This is dead wrong.
I'm not giving you legal advice, you need to go see a lawyer for that.
quote:
Then when you complete the terms of probation, the charge is dismissed.
This is dead wrong.
I'm not giving you legal advice, you need to go see a lawyer for that.
Posted on 7/13/15 at 2:28 pm to Artie Rome
But for employment purposes, is it worth getting it expunged?
Posted on 7/13/15 at 2:28 pm to Artie Rome
quote:
You plead guilt under Article 894. Then when you complete the terms of probation, the charge is dismissed.
This is what my son told me that he did. So, is the charge dismissed? Why should he need to pursue expungement? I'm sure the DA's office can tell him as well, just curious.
Posted on 7/13/15 at 2:30 pm to theronswanson
quote:
theronswanson
Wow, you seem quite the subject matter expert, congrats on the city court practice ham and egger.
Posted on 7/13/15 at 2:31 pm to GrammarKnotsi
This post was edited on 7/13/15 at 6:22 pm
Posted on 7/13/15 at 2:32 pm to sparkinator
quote:
Why should he need to pursue expungement?
The charge is dismissed. But the arrest will still show up on his record. The expungement, in theory, will get rid of all records of the arrest. In theory.
But let's say he goes to law school or medical school and they ask if he's ever been arrested? I disclosed it, even though mine had been expunged.
Posted on 7/13/15 at 2:33 pm to theronswanson
quote:
This is dead wrong.
How is this wrong?
Posted on 7/13/15 at 2:34 pm to Artie Rome
Man this place is full of self righteous cocksuckers
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