The Alabama legislature in the 2018 session is proposing a bill that will affect DUI expungement for youthful offenders. The bill as originally proposed was going to allow expungement for youthful offenders who had admitted to being a youthful offender, even in DUI cases. The amended bill makes a DUI exception and specifically excludes DUI from this portion of the bill. Under the proposed bill, if a youthful offender (individual between 18 and 21 at the time of the offense and is granted YO status) admits to being a youthful offender and the underlying charge is DUI, he or she cannot get an expungement. In the past it was unclear as to whether an individual who is successful with the DUI charge and is also granted youthful offender status, can get an expungement. The apparent reason for this is probably because youthful offender is a “status” offense and not a criminal offense. Hopefully this bill, if passed, will allow expungement of the arrest records in that circumstance. This was written by Phillip B. Price, Sr. in Huntsville Alabama. He is Board Certified as a DUI Specialist by the National College for DUI Defense as sanctioned by the American Bar Association. You may contact him through his website at www.alabamaDUIattorney.com.
About Phil Price
Phillip B. Price, Sr. has been representing citizens charged with DUI in Alabama for over thirty years. He is the only attorney in North Alabama who is Board Certified as a DUI Specialist. He has represented more people accused of the offense of DUI than any other lawyer in North Alabama. His success rate is astonishing. He is only the eighth person in the entire country to be awarded the prestigious Erwin-Taylor Award by the National College for DUI Defense (NCDD), the nation’s premier organization for DUI Defense attorneys. The award, which is the highest honor granted in the field of DUI Defense, was given to Mr. Price at the NCDD’s summer forum at the Harvard Law School in Cambridge, Massachusetts in 2012. He is a Founding Fellow of the NCDD. He served as Dean of the NCDD in 1997-98. He was the third attorney in the United States to become a Fellow of the NCDD. Mr. Price has been an invited lecturer in over 25 states, teaching other lawyers in various aspects of DUI Defense. He also instructs law enforcement officers how to perform better in their jobs of DUI enforcement. Mr. Price practiced law for many years with the late Macon L. Weaver, former U.S. Attorney for the Northern District of Alabama. Mr. Price served as president of the Alabama Criminal Defense Lawyers in 1992-93. Mr. Price is the author of the Alabama DUI Handbook (published by West®, a Thomson Reuters business) and has published many articles dealing with most aspects of DUI cases, including the subject of breath tests, field sobriety tests, jury selection and cross-examination. He is well known for his knowledge dealing with various breath testing instruments, including the Drager Alcotest MK III, Intoxilyzer Model 5000, and Alco Sensor IV. He owns each of these devices. He has taught courses on the operation of evidential breath test devices. In 1994, in a landmark decision, he persuaded the Alabama Supreme Court to throw out the Alabama breath test program. Even the definition of DUI as a crime in Alabama comes from a case he handled in the Alabama Supreme Court in 1989. He has been selected by his peers for Best Lawyers® and Super Lawyers®. He has been received an AV rating by Martindale-Hubbell®, the highest peer review rating in legal ability and ethical standards. He has received a “superb” rating from Avvo™.
If you would like to contact the author, please visit: http://www.alabamaduiattorney.com/