Legal Question in DUI Law in Louisiana

dui

my son got his first dui Friday night/sat morning as well as improper lane change. We were told that we might could ask for a 489 to prevent it from going on his insurance/and record what is this and what do we need to do.


Asked on 6/15/09, 11:52 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: dui

894. It is an article in the Code of Criminal Procedure. C.Cr.P. art. 894 provides that a misdemeanor may be expunged off of your record with court approval once every five years. They are telling you to plead guilty and ask for an expungement. Not a bad idea as a last resort, but you should not jump to that as your first option.

I STRONGLY suggest you talk to a lawyer about your case before pleading guilty. Even though 1st offense DWI is a misdemeanor, it is a very serious charge that carries a hefty fine, 40 hours of community service, 8 hours of cleaning up trash on the interstate, possibly two days in jail, AA meetings, driver improvement courses (which you have to pay for), six months of probation (which you also have to pay for), and other assorted fun things to do.

Again, I STRONGLY suggest you talk to a lawyer about other options before jumping immediately to what most attorneys would consider "the worst of the best outcomes".

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Answered on 6/16/09, 10:39 am


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