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  1. #1
    Join Date
    Sep 2007
    Posts
    17

    Default First Time DWI In Arkansas

    My question involves criminal law for the state of: Arkansas, County of Sebastian

    My husband has to go to Court on his first time DWI am not sure what his breathalyzer read was. We are in the process of him coming to Canada and you can not enter Canada if you have DWI on your record. He can't afford a lawyer there, is there any plea that he can make so that this doesn't appear on his record? He can't ask to be charged with reckless driving since in Canada its a serious offence also.

    Any ideas would be good. He says that he was not told why they pulled him over, was not ticketed or the car was not impounded. He says that they checked him after they had checked his friend (his friend was the passenger), once they did whatever with his friend is when they went over to him.


    His court appearance is on this Tuesday.

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: First Time DWI In Arkansas

    There is not going to be any way to have the charge reduced to something else or for it not to appear on his record if he pleads guilty or is found guilty of the charge.

    Since the Omnibus DWI Act of 1983 was passed and has been amended numerous times, there is little leeway for negotiating a DWI other than to try to have the Court impose mandatory minimums upon conviction. Other than that if you want something better you have to roll the dice and try to beat one on technical grounds or by being found not guilty, neither of which happens very often but of course each case is different.

  3. #3
    Join Date
    Jun 2008
    Posts
    250

    Default Re: First Time DWI In Arkansas

    u can get in CAnada with a DUI.

    I have one a DUi and I been to canada several times. I use to live right next to the bridge and across the from the Canada casino.

    I had to write to somebody in canada to get clearance permantly

  4. #4
    Join Date
    Sep 2007
    Posts
    17

    Default Re: First Time DWI In Arkansas

    I am sponsoring him into Canada and if they ask for his Criminal record again he will not be given the visa to come in and has to wait 5 years so that we can apply again. When you are sponsoring a person you and the sponsor have to have clean records.

    Today we got the report from the Police (Arrest Report) and all it says is that he was arrested for a DUI and than we also saw the Booking sheet and there it does not have any o boxes checked as to the areading of the breathalyzer and the why he was stopped, when they took him in he wasn't read his rights either. Any suggestions for what he can do.

  5. #5
    Join Date
    Jun 2008
    Posts
    250

    Default Re: First Time DWI In Arkansas

    Well then dont sponsor him. Have him come as a visitor at first and go from there

  6. #6
    Join Date
    Sep 2007
    Posts
    17

    Default Re: First Time DWI In Arkansas

    Easier said than done. The application is already in and has been for the past few months.

    If you know the Immigration laws a DWI makes anyone inadmissiable to Canada no matter where you are from unless you are a Canadian Citizen. When asked at the Border and they do a check on you there is no way that you can come in unless so much time has passed and apply for a Rehabilition permit or Minister Pardon.

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