DUI info

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  • themcfarland

    tactical hangover
    Rating - 100%
    58   0   0
    Dec 6, 2008
    4,666
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    Destrehan
    I have a friend who has an adult son who was stopped and charged with DUI .
    I have always kept my nose clean and do not even have a clue about what they might expect.
    Any input I could tell her?
     

    hunter5567

    Monolithic Mentor
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    133   0   0
    Oct 9, 2006
    2,678
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    Denham Springs, LA. near B.R.
    My girlfriend got one about 7 years ago. Don't waste money to hire a lawyer. It doesn't cost anything to plead guilty yourself and ask about an Article 894? which will get it off your record if it's a first offense.
    Make sure they do all the community service before going back to court and they will probably have to put a breathylizer machine in their vehicle for awhile and pay for it. Basically do everything they tell you to do in court before the next court date and it will be smooth sailing once they go back. See if they can find a church, etc to do the community service credits which beats the hell out of picking up trash down interstate.
     

    cbbr

    Well-Known Member
    Silver Member
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    3   0   0
    Apr 18, 2009
    193
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    Set aside around $10,000 for this "project". They are not cheap. And a local lawyer can really smooth the path. Unless its really bad or unusual, they can make the same "1st time deal" with the prosecutor over and over for 1st time offenders. No surprises. They will tell you all about Art 894.
     
    Last edited:

    swampfoxx

    Well-Known Member
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    4   0   0
    Jul 15, 2014
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    Ponchatoula, LA
    A good lawyer can get it reduced to Reckless Driving. You will still have to do all of the classes and community service, but the DWI won't be on your record. I had two teenagers, ask me how I know. PM me for a recommendation, as I have the "family plan" with one lawyer. He also handles all of my not at fault collisions as well.
     

    cbbr

    Well-Known Member
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    3   0   0
    Apr 18, 2009
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    No Attorney Needed For Article 894.

    True, but a good lawyer can do more for you than just 894. And their "1st offender" deal tends to be a lot better. They can also do it more quickly with a lot less headache.
     

    JBP55

    La. CHP Instructor #409
    Premium Member
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    338   0   0
    Apr 15, 2008
    17,087
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    Walker
    True, but a good lawyer can do more for you than just 894. And their "1st offender" deal tends to be a lot better. They can also do it more quickly with a lot less headache.

    I have seen many 894's without an Attorney involved. What is better?
     

    Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
    9,549
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    Hammond, Louisiana
    I’ve never had a DUI or driven a vehicle under the influence of anything mind altering. I’m not an attorney. I’ll be damned if I’d go to court for DUI charges and not be represented by some sort of attorney, first offense or not. I’m not sure if the person in question is eligible for a public defender or not, but if you have to appear in court before a judge with a prosecutor from the DA’s office pursuing charges I would think you’re taking unnecessary risks and should not appear in court without proper representation. I also believe that a person who does not seek legal counsel and chooses to represent himself is generally not received well by a judge. I believe it may appear to the court that you’re taking the charge too lightly or maybe they are bothered by the practice for other reasons, but I’ve seen this dynamic take place in the courtroom.
    Again, I’m not in any position to give legal advice, but common sense tells me I shouldn’t take a chance like that. Once it’s done, it’s done and trying to save money now might cost you a hella lot more down the road or even bring about a situation that you can’t change later on. I just don’t think it’s worth taking a chance.
     

    JBP55

    La. CHP Instructor #409
    Premium Member
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    338   0   0
    Apr 15, 2008
    17,087
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    Walker
    I’ve never had a DUI or driven a vehicle under the influence of anything mind altering. I’m not an attorney. I’ll be damned if I’d go to court for DUI charges and not be represented by some sort of attorney, first offense or not. I’m not sure if the person in question is eligible for a public defender or not, but if you have to appear in court before a judge with a prosecutor from the DA’s office pursuing charges I would think you’re taking unnecessary risks and should not appear in court without proper representation. I also believe that a person who does not seek legal counsel and chooses to represent himself is generally not received well by a judge. I believe it may appear to the court that you’re taking the charge too lightly or maybe they are bothered by the practice for other reasons, but I’ve seen this dynamic take place in the courtroom.
    Again, I’m not in any position to give legal advice, but common sense tells me I shouldn’t take a chance like that. Once it’s done, it’s done and trying to save money now might cost you a hella lot more down the road or even bring about a situation that you can’t change later on. I just don’t think it’s worth taking a chance.

    The deal is cut with the DA before you go to court. If they will not cut a deal absolutely hire an Attorney.
     

    sandman7925

    Wealthy women wanted
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    27   0   0
    May 16, 2010
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    False River
    He’ll be ok if he plays along to get along. If he gets another one it could be big trouble. Had a friend in high school (I say had because definitely don’t hang out with him anymore) who after number 6 he did some serious jail time.
     

    hunter5567

    Monolithic Mentor
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    133   0   0
    Oct 9, 2006
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    Denham Springs, LA. near B.R.
    The cases I heard while the GF was in court, the judge always asked each defendent if they were happy with the performance of their attorney in their case. In other words, did the attorney earn the $2-3000 they charged you by standing up in court and pleading guilty for you.
    You can plead No Contest. I agree that subsequent DWI's may require the services of an attorney if you didn't learn your lesson after the first one or if fatalities, injuries, or property damage were involved with the 1st and subsequent DWI's. There are set penalties/fines that must be assessed for a first DWI. You are not going to be able to get out of it unless you are a politician, Law Enforcement personnel, or other special person. You may be able to get out of a charge with an attorney if you didn't submit to the breathalyzer test or blood sample test.
     

    ozarkpugs

    Well-Known Member
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    0   0   0
    Apr 7, 2018
    454
    18
    US Zanoni mo
    He’ll be ok if he plays along to get along. If he gets another one it could be big trouble. Had a friend in high school (I say had because definitely don’t hang out with him anymore) who after number 6 he did some serious jail time.
    It should be three strikes your out , life in prison and 1st time offence brought back if second dui .

    Sent from my LM-K920 using Tapatalk
     

    jsg34

    Well-Known Member
    Premium Member
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    57   0   0
    Apr 3, 2011
    212
    18
    New Orleans, LA
    1st offense DUI with no accident you'd be nuts to drop 10k on a lawyer. And you are welcome to speak to the DA to see what's on the table BEFORE you hire a lawyer. At any busy jurisdiction, you'll get 894 offered. Fine, Community service, Interlock device and a chance to remove it from your record.
     
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