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How does he keep doing it?

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rajuncajun

Guest
I am writing from the State of Louisiana. I had to file criminal charges against brother for threats and harrassment. DA accepted charges. He had a 4th DWI in 1999, plead down to 3rd. He is on supervised probation and has to appear in court for a probation revocation hearing soon. He has not followed the terms of probation, not even reporting in to the officer once a month. Anyway, the police ran an MVR on him and it shows him with an absolutely clean driving record!!!!!!! No restrictions of any kind whatsoever. As his sister, I know that he received his 4th offense, when he was driving a company vehicle. It was pouring down rain, he was druck, he struck a vehicle occupied by an elderly couple and left the scene. Someone got his license plate and that is how he was caught.

When I go down to the Courthouse, these records show, but not on his driving record, so police can not pick him up. He is not supposed to be driving without a breatalizer according to his probation officer. In LA DUI's are suppossed to stay on for ten years. How can I track down who cleaned this up for him. This seems very illegal and what sane Judge would allow this person to drive on our streets? Help, please!!!
 


TYRIS

Member
i'm from california, but i'll try to help you out. from your post, its sounds like there's a mis-communication with the department of motor vehicles. normally their advised of any dui report that is done. if he has been convicted, then it should be public record. you should be able to obtain a copy of the convictions. take them to dmv and contact the person in charge of suspension hearings.

you also might try contacting the officers that arrested your brother and then try to follow the reports up the chain of command to see where they go and where they stop. you might also try to contact his probation officer.

if don't work, let me know and we'll see if we can figure something else out.

TYRIS
 
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rajuncajun

Guest
Response to Tyris

Tyris, thanks for your response. Unbelievably, it was the officer that gave him the 4th offense DWI (in 1999), which brother pled down to third offense that ran a report at my request, as brother has been seen driving in a small town on a very regular basis. I have discussed this with his probation officer (who sounds like he is about 12 years old). The probation officer told me that under terms of his probation, he is not supposed to be driving without a breathalizer attached to his vehicle. Catch 22, the police officer can't do anything to him as his MVR shows as clean with no restrictions (not even breathalizer). Catch 22 again, the probation officer says it is not his responsibility to have this breathalizer requirement placed on his Motor Vehicle Report. I have not tried contacting the DMV here in Louisiana. It is quite difficult to get in touch with them or get any answers from them. Should I do this by letter to the DMW with a CC to the Judge that placed him on probation, attaching a copy of his conviction and probation requirement report (I have already gotten a copy of these from the Courthouse)? How can the law allow this to happen? What is going on? Do we wait for him to kill someone before we are able to do something?:confused:
 
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