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Questions Answered by David L McBride
1 Answer | Asked in Criminal Law for Louisiana on
Q: I was accused with battery on a police officer and it was dismissed by the courts, never convicted can I get tint?

I have a medical condition and have tint of the entire car, will I still be able to get this exemption?

David L McBride
David L McBride answered on Oct 10, 2017

In general, a person is precluded from receiving a medical exemption for tint on a motor vehicle if they have been convicted of a violent crime or drug-related offense. At the time of requesting the exemption, a background check is usually performed, after you file an affidavit, that allows the DMV... Read more »

1 Answer | Asked in Criminal Law for Louisiana on
Q: If someone skips out on felony probation involving a minor in 1997. Can he still be arrested for it now ?
David L McBride
David L McBride answered on Oct 10, 2017

Hello, I'm slightly confused by your question but will attempt to answer. In general, a person that is sentenced to probation is required to complete the probation. If someone fails to comply with the requirements of their probation, it is likely that the person has a warrant for their arrest.... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?

I was sentenced under an article 894 for dui first in la. I recently completely my one year of probation. I thought the article 894 would be granted under the satisfactory completion of my probation and that it would set the conviction aside for insurance and job application purposes but it would... Read more »

David L McBride
David L McBride answered on Oct 10, 2017

Hello, in general pleading guilty under 894 makes the conviction eligible to be "set aside," and eligible for expungement immediately (as opposed to the typical misdemeanor waiting period) upon completion of any sentencing requirements. However, simply completing the requirements for the... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: My nephew received 3 dui's, but just got a good job. He says he has a ride to work, but what is consequence if he driv
David L McBride
David L McBride answered on Oct 10, 2017

I'm a little confused by your question. Does he have a valid driver's license right now? If the answer to that question is no, then, in general, he may be ticketed for operating a motor vehicle while having a suspended license. In general, that results in further suspension of license... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: prescription containers, prescription documentation

Tonight my soon to be wife dropped our two boys off at the baby sitters home. On her drive back she wrecked the truck into a ditch (this truck also just left the shop after getting front end work done.) Not having a way to get to her location I dispatched two friends, as she was bloody when she... Read more »

David L McBride
David L McBride answered on Oct 10, 2017

In general, the way that you stored your prescriptions in the vehicle (with the prescription and documentation)) is the best way to ensure that you don't face criminal issues associated with them. Unfortunately, this doesn't always prevent the police from charging individuals with... Read more »

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