How much does Jeremy know?

[redheadedgal]

first DUI/DWI offense

http://criminal-law.freeadvice.com/criminal-law/drunk_driving/missouri-dui.htm

 

[RANCH]

first DUI/DWI offense

http://criminal-law.freeadvice.com/criminal-law/drunk_driving/missouri-dui.htm

Is there a point your trying to make with this link?

 

[In da Middle]

That in no way implies that that is what she was arrested for. What was her arraignment for on 1/15/2009? They don't lock people up for driving without tabs and insurance in MO. She was locked up. . .and then arraigned, hearings were scheduled and probation was ordered. She violated the terms of her probation, a warrant was issued and she was arrested and bailed out.

Just because one is arraigned, does not mean they were hauled into jail. It simply means that she had criminal charges (driving without insurance in Missouri is a criminal offense) and had a court date to answer. It does not say she was in custody at the time like it does on some other cases.

 

[hambirg]

Correct. And the charges were 303.025 which is the financial responsibility charge. A misdemeanor charge.

That was the charge on 2/19/09 when she pled guilty and was given the terms of her probation. That's how that works.

When somebody is arrested on DUI, or anything else for that matter, they can negotiate with the prosecutor. . .a guilty plea for. . blah blah blah. . .DUI classes, alcohol counseling, etc for a lesser charge. That does not mean that that is what she was arrested for initially.

ETA-somebody up thread just said that there was no history of a criminal record. Not true. The very definition of an arraignment is when criminal charges are read to the defendant and they enter a plea. DB was arrested and was arraigned. She was arrested second time on the violation warrant. It is evidenced by the FACT that she was bonded out.

So yeah. . .and Jeremy would know that DB has been arrested twice in the last 3 yrs.

 

[redheadedgal]

yes ranch... what i read on that site doesn't fit with what i see on her record*

good night!

 

[DeAnn]

That was the charge on 2/19/09 when she pled guilty and was given the terms of her probation. That's how that works.

When somebody is arrested on DUI, or anything else for that matter, they can negotiate with the prosecutor. . .a guilty plea for. . blah blah blah. . .DUI classes, alcohol counseling, etc for a lesser charge. That does not mean that that is what she was arrested for initially.

Except casenet shows what someone is arrested for initially and then it shows the final disposition.

I've followed DUI cases on casenet. She wasn't arrested initally for DUI. It would show that.

For example, if someone is arrested for speeding but negotiates for defective equipment (common in Missouri) it would show that.

 

[DeAnn]

Just because one is arraigned, does not mean they were hauled into jail. It simply means that she had criminal charges (driving without insurance in Missouri is a criminal offense) and had a court date to answer. It does not say she was in custody at the time like it does on some other cases.

I'm still trying to figure out where on earth casenet says 1) she was locked up 2) she was cited for DUI 3) how this conversation got to this point

And finally, I'm waiting for someone to jump to the conclusion that because she was cited in eastern Jackson County in 2009 that it has to do with her ex husband who lived(lives?) in Lee's Summit so clearly she was going to and from a visit with him and did Jeremy know and what did he think of that??? :floorlaugh:

 

[In da Middle]

That was the charge on 2/19/09 when she pled guilty and was given the terms of her probation. That's how that works.

When somebody is arrested on DUI, or anything else for that matter, they can negotiate with the prosecutor. . .a guilty plea for. . blah blah blah. . .DUI classes, alcohol counseling, etc for a lesser charge. That does not mean that that is what she was arrested for initially.

DUI cases that are pled down have attorneys attached to them. She has no attorney of record on this case. There is also an entry on the docket stated that the charge was amended if it was pled down. It doesn't state what he original charge was, but there is a notation that the charge was at some point amended. There is no such line on this one.

 

[hambirg]

Just because one is arraigned, does not mean they were hauled into jail. It simply means that she had criminal charges (driving without insurance in Missouri is a criminal offense) and had a court date to answer. It does not say she was in custody at the time like it does on some other cases.

Believe what you want.

We know she was locked up the second time because she was bonded out. I don't believe and was told by MSHP that she would not have been given a years probation for driving without insurance or tabs. If you don't want to believe them you can call and ask them yourself.

 

[In da Middle]

Believe what you want.

We know she was locked up the second time because she was bonded out. I don't believe and was told by MSHP that she would not have been given a years probation for driving without insurance or tabs. If you don't want to believe them you can call and ask them yourself.

I choose to believe the charges listed. Not some made up charges that don't exist. There is no evidence that the charges were anything other than what was listed because there is nothing to state that the charge was ever amended from anything else.

 

[DeAnn]

Believe what you want.

We know she was locked up the second time because she was bonded out. I don't believe and was told by MSHP that she would not have been given a years probation for driving without insurance or tabs. If you don't want to believe them you can call and ask them yourself.

So which do you believe? The info on casenet contradicts itself. At one point, it says 365 days but in other places it clearly shows she did NOT serve a year's probation.

Also you can have an arrest warrant issued and pay a bond and NOT be "locked up." Happens in the case of not paying parking tickets.

Whatever happened I have a hard time believing it was a DUI or DWI because Judge Bushur isn't the type of judge to issue just a $250 fine and NO suspension of driver's license if you got a DUI and failed to show in court.

I was going to try and find other examples of DUIs in Jackson County in which high profile people were arrested so you could see how those cases look in casenet but looks like casenet is now down for maintenance.

 

[RANCH]

So which do you believe? The info on casenet contradicts itself. At one point, it says 365 days but in other places it clearly shows she did NOT serve a year's probation.

Also you can have an arrest warrant issued and pay a bond and NOT be "locked up." Happens in the case of not paying parking tickets.

Whatever happened I have a hard time believing it was a DUI or DWI because Judge Bushur isn't the type of judge to issue just a $250 fine and NO suspension of driver's license if you got a DUI and failed to show in court.

I was going to try and find other examples of DUIs in Jackson County in which high profile people were arrested so you could see how those cases look in casenet but looks like casenet is now down for maintenance.

I was thinking along the same line. A warrant doesn't equal an arrest. A bond amount doesn't mean you posted bond to get out of jail. And a $250 fine for a DUI/DWI is hard to fathom.

 

[redheadedgal]

The original charge would be listed on casenet.

If she was cited for DUI or DWI, it would show up on casenet.

hmmm... am i not reading this correctly? she seems to disagree with you? and it meshes with the info i found and posted earlier about being removed:

How long will a drunk driving charge stay on my record?




Lacy Fields, Attorney at Law, LLC | Lacy Fields

It stays on your "record" forever, or until you get it expunged. You can only expunge it if you have not received additional DWIs/alcohol related traffic incidents. However, if it was your first offense and you received "SIS" probation, the "record" will disappear from Casenet and other public forums once you have successfully completed probation. Moreover, SIS does not count as a "conviction" in Missouri, so you can truthfully say you were not convicted of that particular crime (eg. on employment applications).
Answer Applies to: Missouri
Replied: 4/14/2011


http://www.lawqa.com/qa/how-long-will-drunk-driving-charge-stay-on-my-record2

(page 4)

 

[In da Middle]

hmmm... am i not reading this correctly? she seems to disagree with you? and it meshes with the info i found and posted earlier about being removed:

How long will a drunk driving charge stay on my record?




Lacy Fields, Attorney at Law, LLC | Lacy Fields

It stays on your "record" forever, or until you get it expunged. You can only expunge it if you have not received additional DWIs/alcohol related traffic incidents. However, if it was your first offense and you received "SIS" probation, the "record" will disappear from Casenet and other public forums once you have successfully completed probation. Moreover, SIS does not count as a "conviction" in Missouri, so you can truthfully say you were not convicted of that particular crime (eg. on employment applications).
Answer Applies to: Missouri
Replied: 4/14/2011


http://www.lawqa.com/qa/how-long-will-drunk-driving-charge-stay-on-my-record2

(page 4)

this is mostly correct as the people I know had to go get their record expunged. It was not automatic and it was in Missouri and their effort to go get it expunged created, yet another, casenet file. And besides, all of the chatter of a supposed dui arrest is from the lack of insurance charge. Not another separate case. And the statement in the quoted article even states "until YOU get it expuged".

 

[vlpate]

That would certainly explain such a stiff probation for tags and no proof of insurance. I don't know how it works in MO, but here, once you update the tags and show proof of insurance, a fine is imposed and the tag violation dismissed.

hmmm... am i not reading this correctly? she seems to disagree with you? and it meshes with the info i found and posted earlier about being removed:

How long will a drunk driving charge stay on my record?




Lacy Fields, Attorney at Law, LLC | Lacy Fields

It stays on your "record" forever, or until you get it expunged. You can only expunge it if you have not received additional DWIs/alcohol related traffic incidents. However, if it was your first offense and you received "SIS" probation, the "record" will disappear from Casenet and other public forums once you have successfully completed probation. Moreover, SIS does not count as a "conviction" in Missouri, so you can truthfully say you were not convicted of that particular crime (eg. on employment applications).
Answer Applies to: Missouri
Replied: 4/14/2011


http://www.lawqa.com/qa/how-long-will-drunk-driving-charge-stay-on-my-record2

(page 4)

 

[vlpate]

this is mostly correct as the people I know had to go get their record expunged. It was not automatic and it was in Missouri and their effort to go get it expunged created, yet another, casenet file. And besides, all of the chatter of a supposed dui arrest is from the lack of insurance charge. Not another separate case. And the statement in the quoted article even states "until YOU get it expuged".

Not seeing this as difficult to understand. When one reads further, one will see:

"the "record" will disappear from Casenet and other public forums once you have successfully completed probation."

She completed probation, right?

"Disappear" in Texas means vanish, gone forever, not visible. Is it the same in Missouri?

 

[RANCH]

this is mostly correct as the people I know had to go get their record expunged. It was not automatic and it was in Missouri and their effort to go get it expunged created, yet another, casenet file. And besides, all of the chatter of a supposed dui arrest is from the lack of insurance charge. Not another separate case. And the statement in the quoted article even states "until YOU get it expuged".

I would imagine its not easy to have a DUI expunged from your record. And if it did happen in DB case there would be no record to see at this point. All I can see on Casenet is minor stuff.

 

[In da Middle]

That would certainly explain such a stiff probation for tags and no proof of insurance. I don't know how it works in MO, but here, once you update the tags and show proof of insurance, a fine is imposed and the tag violation dismissed.

And all of the docket entries would be explained if she never produced such proof. Also if she was doing her probation for a dui charge, it would not show as probation for a lack of insurance charge. Just as her issues for her lack of insurance do not show up on her bad tags charge that was levied on the same day as her lack of insurance charge. It seems that her bad tags situation was remedied, but her lack of insurance charge was not. Her failure to get insurance after being caught without it, would tend to tick a judge off because it was documented thar she was aware of the situation and it was not just a mistake.

 

[In da Middle]

Not seeing this as difficult to understand. When one reads further, one will see:

"the "record" will disappear from Casenet and other public forums once you have successfully completed probation."

She completed probation, right?

"Disappear" in Texas means vanish, gone forever, not visible. Is it the same in Missouri?

While the record of the case that was expunged might vanish, the court case regarding the court hearing for the expungement will not. There is no such case listed. Getting a court date for the hearing to see if the judge agrees that the case meets the requirements for it to be expunged is a different case and therefor another casenet file as each case has a different docket number. that is how it works.

 

[redheadedgal]

i think i will go with what the lawyer says... plus,

Probation in Kansas City, Missouri DUI / DWI or other drunk driving cases often involves supervised probation by the Private companies Midwest ADP or Northland Dependency.

As long as you successfully complete the terms of your probationary period, an SIS will not result in a conviction “showing” on your record. Note: an SIS is different than the “diversion” that is offered in some states for DUI / DWI or other drunk driving cases.

http://www.drunkdrivingdefense.com/...uilfoil/probation-in-a-missouri-dwi-case.html


it might've be expunged automatically now?

and deb might've been stopped and been charged with both the DUI and no insurance in one incident, right? so then the no insurance would remain but the DUI would go buh bye!

with an "expungement" we may never know... but WHY ELSE would one not have a drvs license especially with 3 kids at home? has RR looked into this?