David L McBride

David L McBride

  • Criminal Law, Personal Injury, Divorce ...
  • Louisiana
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Claimed Lawyer ProfileQ&ASocial Media
Practice Areas
  • Criminal Law
  • Personal Injury
  • Divorce
  • Family Law
Jurisdictions Admitted to Practice
Louisiana
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Federal Circuit
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Education
Dillard University
B.S. | Health Care Administration
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Tulane University
MPH
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Loyola University New Orleans
J.D.
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Awards
Top 40 Alumni Under the Age of 40
Dillard University
Professional Associations
Louisiana State Bar Association  # 35901
Member
Current
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Publications
Articles & Publications
Birdman calls off $51 million lawsuit negotiations with Lil Wayne
The Louisiana Record
Websites & Blogs
Website
Legal Answers
5 Questions Answered

Q. I was accused with battery on a police officer and it was dismissed by the courts, never convicted can I get tint?
A: In general, a person is precluded from receiving a medical exemption for tint on a motor vehicle if they have been convicted of a violent crime or drug-related offense. At the time of requesting the exemption, a background check is usually performed, after you file an affidavit, that allows the DMV to search for convictions within those areas. Assuming that none exist and that you have a valid medical reason you may be entitled to it. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
Q. If someone skips out on felony probation involving a minor in 1997. Can he still be arrested for it now ?
A: Hello, I'm slightly confused by your question but will attempt to answer. In general, a person that is sentenced to probation is required to complete the probation. If someone fails to comply with the requirements of their probation, it is likely that the person has a warrant for their arrest. The conditions associated with their refusal/failure to complete the probation will likely require the completion of the imposed sentence. I would strongly recommend that that person contact a lawyer for assistance with this matter. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
Q. in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?
A: Hello, in general pleading guilty under 894 makes the conviction eligible to be "set aside," and eligible for expungement immediately (as opposed to the typical misdemeanor waiting period) upon completion of any sentencing requirements. However, simply completing the requirements for the conviction doesn't immediately set the ball in motion. You will need to file a motion to set aside the conviction and dismiss prosecution and motion for expungement. The 894 simply makes the offense eligible to be set aside and acts as if the conviction never occurred, upon filing the appropriate motion to do so. I would recommend contacting the attorney that assisted you with your plea or another attorney to assist with filing the appropriate motions to have this matter resolved. Please note that the information provided is solely offered for general information purposes only and should not be relied upon as legal advice. Each situation is different and requires an evaluation of all applicable and relevant facts associated with that case.
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Contact & Map
The McBride Law Firm
711 2nd Street
Gretna, LA 70053
Telephone: (504) 233-8112
Fax: (504) 345-2379