DUI Help and Advice

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Criminal record

Can A DUI Be Expunged?

Failure To Issue Implied Consent WarningThere are situations when a DUI can be expunged. If you have received a DUI conviction, you will need to complete any sentencing before you can proceed with the process of having the charge expunged. A DUI conviction can prohibit you from getting a job or driving your car. It could also interfere with leaving the country or getting specific licenses that can help you get better jobs. After you receive the DUI charge, you will have to appear before a judge so that your case can be heard. There are several scenarios that could occur depending on the length of your criminal record, your demeanor when you were pulled over for the DUI and how you act in court.

The judge will give you a sentence based on your history. If you are placed on probation, then you will need to complete all of the requirements before you can attempt to get your record expunged. There is the possibility that your license will be revoked. If this is the case, then it won’t do much good to have the record expunged because you won’t be able to drive anyway until your license is reinstated. When you have fulfilled the sentencing requirements, then you can get a form from the courthouse to begin the process of expungement. Fill in all of the information required on the form, including the docket number for the case. You will also need to pay a fee. There could be additional forms to complete if the DUI is considered a felony charge. A copy of the form will be sent to the prosecutor, who will make a decision.

If you are unsure of how to complete the form, then you should contact an attorney so that he can help you. It is important to follow any recommendations that the attorney gives you regarding having your record expunged. If the attorney doesn’t think the record can be taken care of, then you can either halt the procedure or try to find another attorney.

Can I get a teaching job with a OUI in Connecticut?

While it is relatively clear that one can lose a Connecticut teaching job if convicted of an OUI, it is less clear that one could obtain the teaching job in the first place with a criminal record showing an OUI conviction. Teaching is one of those jobs which requires a license, and like many other licensed professions, it’s possible to lose one’s license for certain types of actions such as a drunk driving conviction.

It was recently reported that a middle school teacher was fired after a series of arrests, one of which was an OUI. In this particular case, it seems as though the DUI conviction and drug charges dated back to 2007 although more recent charges include falsifying a teaching certificate renewal application and failing to report a criminal conviction to the Department of Education in a timely fashion. In addition, the teacher was accused of domestic violence, although those charges were dropped. The teacher received a three-month suspension for the 2007 incidents, although the more recent violations may result in termination.

Also in the news, a teacher at the West Hartford high school was pulled over for a routine traffic violation and was subsequently charged with an OUI offense. A search of his car revealed drugs and drug paraphernalia. The 37-year-old teacher was suspended without pay.

In yet another case, a Rhode Island elementary school teacher was arrested in Connecticut and charged with drunk driving while on her way to teach school. In addition to being charged with an OUI (Operating Under the Influence), the 44-year-old woman was also charged with assaulting an officer, refusing fingerprints and driving without lights. The teacher was fired from her teaching job as a result.

Those who are recent education graduates from Yale, Southern Connecticut State University or Albertus Magnus College may be interested to know that while failing to get a job due to a DUI does not make the news, receiving an OUI conviction and getting fired or suspended by the Board of Education seems to be a pattern.

Canada DUI Visitor Rules

If you have been convicted of a DUI, then there could be a chance that you won’t be able to get into Canada. The country has different rules than the United States when it comes to people who have been convicted of various crimes, including drinking while driving. When you go to court, you might have to surrender your license for a certain period of time, or you might have to spend time in jail. These circumstances will be on your criminal record. Although they might be minor offenses, they still carry over when it comes to leaving the country.

There are some instances in which you might be allowed in the country if you have a DUI conviction. The country doesn’t look at three or fewer convictions as strongly as it does more than three. Misdemeanors are also taken into consideration compared to felonies. The best-case scenario is if you faced charges but were not convicted, in which case valid court documents demonstrating this outcome may be needed if the official at the border crossing requests them.

If you need to go to Canada for one reason or another, or if you simply want to start a new life in a new country, you can hire an attorney to help you with your case. Find a lawyer who can file paperwork in both the United States and Canada. If the forms are not completed properly, then they will be sent back to you. Attach a copy and documents from the court that relate to the conviction and the completed sentence. If you have been on probation, you need to submit a statement from the officer that you have completed the requirements and you owe no money to the department. An FBI report can be included so that officials in Canada can see that you are a legal resident of the United States, and they will also want to check your criminal background. In addition to attorney fees, you will probably have to pay fees to officials in Canada for processing the paperwork for you to enter the country.

Can You Get a Passport With a DUI?

People who are convicted of drunk driving offenses typically face a variety of restrictions. Even for a first offense, offenders’ driving privileges are generally affected for at least 90 days. Considering that a driver’s license can be suspended, revoked or restricted, it’s natural to assume that a DUI or DWI conviction can affect a person’s ability to obtain a passport. However, that is not the case.

As a general rule, a person’s ability to obtain a passport is not affected by a DUI or DWI conviction. In other words, passport privileges are not automatically revoked upon being convicted of such an offense, even if it’s a felony. Still, it is technically possible to lose the right to obtain a passport following a DUI or DWI conviction. Such a restriction may be imposed by court order or due to the terms of parole or probation. Also, if the court deems a person to be a flight risk while he or she is under federal arrest or facing a felony-related subpoena, his or her passport privileges may also be revoked.

While people who are convicted of DWIs and DUIs are usually still able to obtain U.S. passports, they may face restrictions when traveling to other countries. Canada is the most notable example. Technically, Canada reserves the right to deny entry to foreign visitors who have criminal records of any kind. That applies to misdemeanors and felonies alike. Therefore, even with a valid passport, someone who has been convicted of a misdemeanor or felony drunk driving offense can still be denied entry into Canada. Those who absolutely must travel to Canada can sidestep the issue by obtaining either a Temporary Residential Permit or by applying for criminal rehabilitation.

Although a DUI or DWI conviction shouldn’t affect a person’s ability to obtain a passport, it is still wise to consult with an experienced lawyer before applying. A lawyer could also help ensure that entry into other countries, including Canada, will be possible. If you’ve been convicted of DUI or DWI and need a passport or want to travel to a foreign country, contact an experienced lawyer.

Public official sentenced to probation after first DWI charge

A Maryland public official was sentenced to one year of probation after pleading guilty to a charge of driving while impaired. It was determined that the Charles County commissioners’ vice president would be supervised for the first three months of his sentence and barred from operating a county vehicle for the next three years. Upon successful completion of the probationary period, the DWI conviction would be expunged from the man’s record. He was expected to run for Charles County commissioners’ president in the next election.

The incident that led to the charge for drunk driving took place on Jan. 30 at approximately 8:35 p.m. While traveling in a sedan along St. Charles Parkway, the man was pulled over by a Charles County sheriff’s officer. According to the officer, the man was seen driving onto the shoulder of the road. The officer also claims that the man had bloodshot eyes and a strong alcohol odor on his breath.

In court, the man mentioned that the incident marked the first time that he had been in any kind of trouble. Following his detainment, he explained to a local reporter that he had made the mistake of driving after a family dinner that included wine. According to reports, when he was stopped by his home and office, the man was given a breath test and found to have a blood-alcohol content of .10 percent.

The man, in this case, may have received a reduced sentence in part because of his status as a first-time offender. After being charged for DWI, a person with an otherwise clean record may be able to work out a similar plea deal in order to avoid spending time behind bars and having a conviction on their criminal record permanently. While negotiating a plea bargain with the prosecution, a criminal defense attorney may point to certain mitigating factors, such as the defendant’s cooperation with the arresting police officer.