Felony, Texas (I received a DUI felony conviction with 5 year probation)

Texas, I recieved a DUI felony conviction wiwth 5 year provation. Will this stay in my criminal record forever???

[thebarkers0218]

Yes it sure will, My husband is going through this now and he doesn't know if he is going to jail or if he will get probation but one of my husbands dwi is 12 years ago and it still showed up.

Our organization is looking for your help in finding a state representative that will sponsor the attached bill.

Thank you
Michael B. Saari



Senate Bill - -
House Bill - -
Sponsor:
Senate Committee: Judiciary
House Committee: Judiciary

Date Completed: 04-05-12

TIME FRAME PROVISION FOR DUI FELONY CONVICTION

RATIONALE
The Michigan Vehicle Code makes it a Felony when there have been two or more dui convictions in a lifetime. This bill came into law when a man in 2005 was drunk driving that resulted in a manslaughter conviction known as Heidi’s Law. Many believe this law is severely shadowed and provides no judicial relief or recourse and remedy at law when incidents are victimless, void of injured party, no passengers, no death, no property damage, and do not take into account distinguishing circumstances. The categorization that all multiple offenses should be deemed felonies as the Heidi manslaughter case would have it encompasses too broad of spectrum of law and does not properly take into account simple police stop and arrests or simply sitting in a parked vehicle. These non-violent felony convictions are unacceptable and cannot be our forefathers promise for protection of rights that unequivocally walk a blatant fine line between constitutional infringements based on the vehicle code lacking the prerequisite element of common law that requires at least some form of injured party or property damage prior to eternally removing protected rights from her citizenry.

257.625 Operating motor vehicle while intoxicated; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; requirements; controlled substances; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; “prior conviction” defined.

(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:

CONTENT Senate Bill XXX and House Bill XXX would amend the Michigan Vehicle Code to do all of the following:

 Adopt a 10-year “Time Frame Provision” for the reinstatement of rights for two or more convictions when offenses did not involve injured party, death, property damage or have more than one occupant in vehicle.


Proposed Bill would include subsection (iii) below:

 (iii) In the judgment of sentence under subdivision (ii) if the person’s conviction occurred without injured party, death, property damage or having more than one occupant in vehicle, a restoration of rights after a 10-year period may be provided.

Senate Bill 1241 (S-1)
Under the Vehicle Code, the Secretary of State may destroy certain records after maintaining them for a specified number of years. Records of convictions for certain violations, for which points are provided on a driver's record, may be destroyed after being maintained on file for 10 years. These include various drunk driving and other offenses.

The Michigan vehicle code felony charge is eternal that has no secretary of state, or legislative act to destroy records, and is maintained for the life of the individual on both state and federal levels and is controlled under federal nexus of Title 18 922.

Supporting Argument 1 Michigan vehicle code dui laws are improperly enacted against peaceable citizens when the offense is victimless, void of injured party, no property damage, no death, and void of vehicular passengers. Many times these convictions are based on simple police stop and arrests or from simply sitting in a parked vehicle. The vehicle code and federal law impose eternal felony convictions that do not have a fair and reasonable “Time Frame Provision” for the restoration of the most basic, fundamental, and natural right of the people, to keep and bear arms, and since the U.S. Constitution along with the Bill of Rights have declared the second amendment as a natural fundamental right, this most valuable and sacred right must have a fair and reasonable “Time Frame Provision” for the restoration of the second most important right.

Supporting Argument 2 This inappropriate law subsequently transforms the peaceable and non-violent citizen into a new lower socio economic class felon, whom are often forbidden from entering other countries, acquiring quality employment, attend colleges, and is essentially a death sentence to parents outlawed from ever owning or possessing a firearm for the protection of their families that is based 100% on a law that does not mandate at least some form of injured party prior to debarring rights.

Supporting Argument 3
Samuel Adams called for an amendment banning any law “to prevent the people of the United States who are peaceable citizens from keeping their own arms. Thomas Jefferson said “No free man shall ever be debarred the use of arms.
The current vehicle code felony laws for two or more offenses are often based on what could have happened rather than what actually did happen.
States generally do not convict a murder, arsonist or the rapist for carrying a gun, match or evil mind. The long-established rule of definition in English history for the second amendment right of the people to keep and bear arms must stand firm and paramount, auxiliary only to the natural and legally defensible right to life, and must carry the same defensible right when two or more of the convictions are victimless, void of injured party, comprise no passengers, no death, and have no property damage.

Supporting Argument 4
Michigan vehicle code has a “Time Frame Provision” for reinstating the vehicle operators “PRIVILEGE” to operate a motor vehicle on public roads after two or more convictions, and DO NOT have a “Time Frame Provision” for the restoration of gun “RIGHTS” for this very same offense.

Supporting Argument 5
Abstract: What then would prevent Michigan vehicle code from issuing felony convictions for having 20 or more traffic violations in a lifetime, or having two or more convictions for texting while driving? Is texting while driving not a greater risk factor while still being victimless, void of injured party, no passengers, no death, no property damage, and do not take into account specific circumstances.

National Highway Traffic Safety Administration Records (NHTSA) indicate there are three (3) times more vehicular accidents caused from cell phone texting than from drinking & driving. Would it be logical to seek the removal of gun rights from people with two or more convictions for texting while driving since the vehicular accident and death rate is three times greater? This bill has the full merit of legislative wisdom that we must adopt a 10-year time frame provision for the restoration of gun rights in cases involving two or more offenses that are void of injured party, having no property damage, no death, and do not have more than one occupant within drivers vehicle.

THIS BILL DOES NOT SEEK A LOGICAL TIME FRAME PROVISION FOR TWO OR MORE CONVICTIONS INVOLVING INJURED PARTY, VICTIM, DEATH, OR VEHICLE WITH SECONDARY OCCUPANT.