Ok, Im new here, but I have a question about whether an arrest for DWI in Louisiana can prevent me from getting a CCW. 3 years ago I was arrested and charged with DWI, but the charge was later amended to Reckless Operation, and then subsequently Dismissed under what in Louisiana is called an art. 894. Will I be turned down for a CCW permit in Louisiana?
FWIW, this is the only criminal violation Ive ever had, and I have previously had CCWs in Texas and later Flordia non-resident that is still valid. But since Louisiana changed their law to say that La residents must have La issued CCW, I went ahead and took La course and application.
In the La State Police Rules online, http://lsp.org/pdf/chRuleBook08.pdf - Requirements noted on page 2 include that the applicant: "(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a please of guilty or nolo contendere to operating a vehicle while intoxicated...within the five-year period immediately preceding the date on which the application is submitted."
Ok, two reasons why this doesnt seem to apply in this case:
First, Although it hasn't been 5 years for me since an arrest, its been 3... but the rule there says "found guilty of...operating a vehicle while intoxicated." I was not found guilty of DWI. The charge was amended to wreckless operation, which is a different charge. Am I missing something here, because it seems like that should not apply?
Second, Wouldnt the fact that the official disposition of my case as "Dismissed under Art. 894" mean that I was not found guilty? My lawyer a few years ago told me they could dismiss charges for first time offenders, and when I looked up Louisiana criminal art. 894, that sounds like pretty much exactly what it says:
894(B) 1. "When the imposition of sentence has been deferred by the court, as authorized by this Article, and the court finds at the conclusion of the period of deferral that he dfedneant has not been convicted of any other offense during the period of the deferred sentence, and that no criminal charge is pending against him, the court may set the conviction aside and dismiss the prosecution..."
Ok, so that's not expungement, apparently thats something else, but its a set aside for first time offenders like me and probably some others on here who nearly never do anything wrong, except maybe made a mistake this one time. But shouldn't an otherwise incident free life as a good citizen count for something, especially if it never results in a dwi "conviction"?
Am I wrong here? An Arrest is different than a Conviction right? The reason I ask is that the La application requires disclosure of "any arrests" - doesnt specify time period, doesnt care whether they were dismissed or not, just any, at any point, ever. So, it seems like the fact of the arrest would have to be disclosed, obviously. But shouldn't they be distinguishing between a "conviction" vs an "arrest"?
I'd love to hear from anyone here who might have any experience with these kinds of things, like whether a DWI charge (not conviction) can prevent you from getting a CCW, or anyone who might know about how Louisiana has handled these things in the past, or just generally anyone from any other state who might have any insight or opinion on the matter.
Sorry for the ovrly long post, just didn't want to leave out any details that might be needed in responding to the question.
Thanks again!
FWIW, this is the only criminal violation Ive ever had, and I have previously had CCWs in Texas and later Flordia non-resident that is still valid. But since Louisiana changed their law to say that La residents must have La issued CCW, I went ahead and took La course and application.
In the La State Police Rules online, http://lsp.org/pdf/chRuleBook08.pdf - Requirements noted on page 2 include that the applicant: "(8) Not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant or permittee chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been found guilty of, or entered a please of guilty or nolo contendere to operating a vehicle while intoxicated...within the five-year period immediately preceding the date on which the application is submitted."
Ok, two reasons why this doesnt seem to apply in this case:
First, Although it hasn't been 5 years for me since an arrest, its been 3... but the rule there says "found guilty of...operating a vehicle while intoxicated." I was not found guilty of DWI. The charge was amended to wreckless operation, which is a different charge. Am I missing something here, because it seems like that should not apply?
Second, Wouldnt the fact that the official disposition of my case as "Dismissed under Art. 894" mean that I was not found guilty? My lawyer a few years ago told me they could dismiss charges for first time offenders, and when I looked up Louisiana criminal art. 894, that sounds like pretty much exactly what it says:
894(B) 1. "When the imposition of sentence has been deferred by the court, as authorized by this Article, and the court finds at the conclusion of the period of deferral that he dfedneant has not been convicted of any other offense during the period of the deferred sentence, and that no criminal charge is pending against him, the court may set the conviction aside and dismiss the prosecution..."
Ok, so that's not expungement, apparently thats something else, but its a set aside for first time offenders like me and probably some others on here who nearly never do anything wrong, except maybe made a mistake this one time. But shouldn't an otherwise incident free life as a good citizen count for something, especially if it never results in a dwi "conviction"?
Am I wrong here? An Arrest is different than a Conviction right? The reason I ask is that the La application requires disclosure of "any arrests" - doesnt specify time period, doesnt care whether they were dismissed or not, just any, at any point, ever. So, it seems like the fact of the arrest would have to be disclosed, obviously. But shouldn't they be distinguishing between a "conviction" vs an "arrest"?
I'd love to hear from anyone here who might have any experience with these kinds of things, like whether a DWI charge (not conviction) can prevent you from getting a CCW, or anyone who might know about how Louisiana has handled these things in the past, or just generally anyone from any other state who might have any insight or opinion on the matter.
Sorry for the ovrly long post, just didn't want to leave out any details that might be needed in responding to the question.
Thanks again!
