David L McBride

David L McBride

  • Criminal Law, Personal Injury, Divorce...
  • Louisiana
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Practice Areas
  • Criminal Law
  • Personal Injury
  • Divorce
  • Family Law
Jurisdictions Admitted to Practice
Louisiana
Federal Circuit
Education
Dillard University
B.S. | Health Care Administration
Tulane University
MPH
Loyola University New Orleans
J.D.
Awards
Top 40 Alumni Under the Age of 40
Dillard University
Professional Associations
Louisiana State Bar Association # 35901
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Website
Legal Answers
5 Questions Answered

Q. I was accused with battery on a police officer and it was dismissed by the courts, never convicted can I get tint?
A: 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 to search for convictions within those areas. Assuming that none exist and that you have a valid medical reason you may be entitled to it. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
Q. If someone skips out on felony probation involving a minor in 1997. Can he still be arrested for it now ?
A: 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. The conditions associated with their refusal/failure to complete the probation will likely require the completion of the imposed sentence. I would strongly recommend that that person contact a lawyer for assistance with this matter. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
Q. in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?
A: 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 conviction doesn't immediately set the ball in motion. You will need to file a motion to set aside the conviction and dismiss prosecution and motion for expungement. The 894 simply makes the offense eligible to be set aside and acts as if the conviction never occurred, upon filing the appropriate motion to do so. I would recommend contacting the attorney that assisted you with your plea or another attorney to assist with filing the appropriate motions to have this matter resolved. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
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
A: 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 for an extended period of time. He may apply for a "hardship license," in the meantime and legally operate his vehicle. In general, in order to receive a hardship license, the DMV will require that he install an "interlock device," which will require him to blow into the device to start it. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
Q. prescription containers, prescription documentation
A: 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 offenses despite their actions to reduce the likelihood of being charged. There is a presumption and "affirmative defense," that may possibly be asserted on behalf of the person that legally possess their prescription in their vehicle. Obviously, since your wife was the driver, those defenses likely won't apply to her. I would recommend that she seek legal advice as every situation is very different and requires an in-depth review of the facts and evidence. Lastly, please note that this post is offered for general information purposes only and should not be relied upon as legal advice.
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The McBride Law Firm
711 2nd Street
Gretna, LA 70053
USA
Telephone: (504) 233-8112
Fax: (504) 345-2379