Do I Have To Take A Field Sobriety Test If A Police Officer Tells Me To?

Mon, 04 Jun 2007 21:51:22 GMT

No. You do not have to submit to any part of a field sobriety test if you choose not to. This means you do not have to do the follow the pen test, the alphabet test, one leg stand, heal to toe, walk and turn, finger to nose, feet together eyes closed head back, or any other type "field sobriety test" offered to you by a police officer. And, unlike refusing to submit to a breath alcohol test, refusing to submit to a field sobriety test cannot result in the suspension of your driver's license.

Are There Any Laws On Radar Detectors?

Tue, 29 May 2007 21:19:00 GMT

Fines are doubled if there is a RADAR detector in the car.

Are There Any Unique Regulations In Louisiana?

Tue, 29 May 2007 21:19:00 GMT

In New Orleans, it is illegal to park within 20 feet before a stop sign. These areas are marked out in the French Quarter, but usually not elsewhere.

Can I Defend Myself Against Dui Charges Or Do I Need A Lawyer?

Tue, 29 May 2007 21:19:00 GMT

You have an absolute right to represent yourself in legal matters if you choose to do so. However, if there is a lot at stake, it is usually a good idea to consult with an attorney. An experienced attorney knows how to investigate and evaluate a case in order to obtain the best possible result for you. Additionally, the criminal penalties and civil penalties resulting from a DWI conviction are so serious that a person should never consider "just pleading guilty" before at least consulting with an attorney.

Driver's License Suspensions

Tue, 29 May 2007 21:19:00 GMT

*First Refusal: 180 days with eligibility for hardship license after first 90 days.

*Second Refusal: 545 days without eligibility for hardship license.

*First Submittal: 90 days with eligibility for hardship license after first 30 days.

*Second Submittal: 365 days without eligibility for hardship license.

Driver's License Suspensions (Commercial Drivers License)

Tue, 29 May 2007 21:19:00 GMT

*First DWI in a Commercial Vehicle 1 year

*BAC of .04 or more while Operating a Commercial Vehicle 1 year

*First Refusal to Submit to an Alcohol Concentration or Drug Test While Operating a Commercial Vehicle 1 year

*Second DWI in a Commercial Vehicle Life

*Second BAC of .04 or more while Operating a Commercial Vehicle Life

*Second Refusal to Submit to an Alcohol Concentration or Drug Test while operating a Commercial Vehicle Life Louisiana does not allow an economic hardship license to operate a commercial vehicle.

Driver's License Suspensions (Under 21)

Mon, 04 Jun 2007 21:51:22 GMT

*Refusal: 180 days

*Submittal: 180 days

Driving Under Suspension

Tue, 29 May 2007 21:19:00 GMT

The crime of driving under suspension is punishable by a fine of up to $500.00 or imprisonment for up to 6 months or both. Additionally, a "civil penalty" of up to $1,250.00 may be applied. Also, upon conviction for driving under suspension, the person's driver's license will be suspended for an additional 1 year.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid in person. Depending upon the court and the degree of the violation, a ticket may be paid by mail.

How Will The Officer Decide Whether To Arrest Me For Dwi?

Tue, 29 May 2007 21:19:00 GMT

This varies greatly from officer to officer. Factors which the officer will consider include: A. Manner in which you were operating the motor vehicle
B. Odor of alcoholic beverage
C. Speech pattern (good, slurred, incoherent)
D. Bloodshot eyes
E. Balance
F. Admissions
G. Whether you understand the officer's questions and/or instructions.
H. General appearance
I. Performance (if any) on a field sobriety test.

If I Took The Breath Test, What Can A Lawyer Do For Me?

Tue, 29 May 2007 21:19:00 GMT

There are many issues to be resolved in a DWI case. The failure of the State to prevail on any of these issues could result in an acquittal. An example of some of those issues is as follows: A. Probable cause. Did the law enforcement officer have reasonable grounds to stop you prior to the arrest. If the court determines that he did not, then all evidence which was seized after the stop must be suppressed from use at trial. This will result in an acquittal. B. Operation. Can the law enforcement officer actually prove that you were operating a motor vehicle. If he cannot, then the end result will be an acquittal. C. Did the officer have reasonable grounds to believe that you were operating a motor vehicle on a public highway under the influence of alcoholic beverages before he requested that you submit to the breath alcohol test. If not, then he cannot lawfully request that you submit to the test. D. Can the prosecution lay a proper foundation to admit the breath alcohol test at trial? Before the court can accept a breath alcohol test into evidence, the prosecution must prove that the test was administered according to rules and regulations promulgated by the Louisiana Department of Public Safety and Corrections and according to statutory law. If the prosecution cannot do this, then the breath test is inadmissible. E. Validity of the Breath Alcohol Test. The results of a breath alcohol test are not nearly as accurate as many people assume. There are many variables which can call into question the accuracy of the results. F. Multiple Offenders. Before you can be convicted of a second, third or fourth offence, the prosecution must prove that the prior offense or offenses were legally obtained. An attorney can evaluate the evidence of the prior offences and determine if one or more of them should be stricken from the case. This can greatly reduce your potential sentence. G. Driver's License. Even if you took the breath alcohol test, a number of issues must be resolved before the State can suspend your driver's license. H. If your license is suspended, there are options available which may allow you to obtain a hardship license in order to get to and from work.

If Im Stopped By A Police Officer And He Starts Asking Me Questions, What Should I Do?

Tue, 29 May 2007 21:19:00 GMT

You have the right to remain silent. This right applies to all stages of a criminal proceeding, including the initial questions asked by a police officer. If the answer to a question is or may be incriminating, it is best to simply say "I would like to consult with my lawyer before I answer any questions". Be polite but be firm.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

Yes

Should I Agree To Take The Breath Alcohol Test?

Tue, 29 May 2007 21:19:00 GMT

Too many factors are involved in making this decision to give one definitive answer to the question. Factors to be weighed in reaching this decision are as follows: A. Your driver's license may be suspended for six months for a first refusal or 545 days for a second refusal within a five year period.
B. Your license may be suspended for 90 days for a first submittal and 365 days for a second submittal (with a result of .10 or more) within a five year period.
C. Louisiana has a "per se" statute which means if you submit to a breath alcohol test and the reading is .10 or more and the prosecution is able to get the test results into evidence at trial, this would be proof of one element of the DWI offense. (The State would not have to prove that you were "under the influence").
D. The DWI conviction, itself, carries with it the possibility of a driver's license suspension. For a first conviction the potential suspension is 90 days, for a second the potential suspension is 12 months and for a third or fourth DWI the potential suspension is 24 months.
E. Whether the arrestee will actually read over or under .10.
F. Whether the arrestee has any prior DWI convictions with 10 years.

The Officer Took My Drivers License From Me; Can I Still Drive?

Tue, 29 May 2007 21:19:00 GMT

Yes ...if you had a valid driver's license at the time of the arrest. If you did have a valid driver's license at the time of your arrest, the officer should have given you a temporary license which is good for 30 days. And, if you request an administrative hearing within 15 days of your arrest and prevail at that hearing, you will never loose your driver's license as a result of your submittal or refusal to take a breath alcohol test.

Underage Dwi Penalties

Tue, 29 May 2007 21:19:00 GMT

In Louisiana, it is a crime (LA. R. S. 14:98.1) for a person under the age of 21 to operate a motor vehicle with a blood alcohol concentration of .02 per cent or more.

PENALTIES

Underage DWI First Offense (Misdemeanor)

*Fine: $100$250.00.
*Substance Abuse Evaluation and Driver Improvement School Required.

Underage DWI Second Offense (Misdemeanor)

*Fine: $150$500.00.
*Jail: 10 days to 3 months (all of which may be suspended)
*Community Service: 80 hours
*Substance Abuse Evaluation and Driver Improvement School Required.

Any person under the age of 21 who has a blood alcohol concentration of .10 per cent or more is to be charged under the "regular" DWI statute (14:98).

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Firearms are permitted in the vehicle. Firearms are not required to be cased.
Studded tires are prohibited.
Tire chains are not required.
Louisiana has a seat belt law with primary enforcement for all front seat occupants.
Louisiana has a mandatory child restraint law for passengers under 6 years of age. Children under age 3 must use approved car safety seats.
Louisiana has a mandatory motorcycle helmet law.
Registration and insurance card must be carried in the vehicle.

What Are The Penalties For Dwi?

Tue, 29 May 2007 21:19:00 GMT

DWI First Offense (Misdemeanor)

*Fine: $300$1,000 (plus court costs and other fees)
*Jail: 10 days to 6 months (all can be suspended except as set forth below)
*Community Service: 32 hours
*Substance Abuse Evaluation and Driver Improvement School Required.
*If BAC over .15: Minimum mandatory 48 hours jail.
*License Suspension: 90 days

DWI Second Offense (Misdemeanor)

*Fine: $750$1,000 (plus court costs and other fees)
*Jail: 30 days to 6 months (all but 48 hours can be suspended)
*Community Service: 240 hours
*Substance Abuse Evaluation and Driver Improvement School Required.
*BAC .15 or more: Minimum mandatory 96 hours in jail.
*Driver's License Suspension: 1 year

DWI Second Offense when the prior conviction is for Vehicular Homicide or First Degree Vehicular Injuring (Felony)

*Fine: Mandatory $2,000 (plus court costs and other fees)
*Jail: 1 to 5 years (all but 6 months can be suspended)
*Community Service: 240 hours
*Substance Abuse Evaluation and Driver Improvement School Required
*Driver's License Suspension: 1 year

DWI Third Offense (Felony)

*Fine: Mandatory $2,000
*Jail: 1 to 5 years (all but 6 months can be suspended)
*Substance Abuse Evaluation and Driver Improvement School Required
*Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State.
*Driver's License Suspension: 2 years

DWI Fourth Offense (Felony)

*Fine: Mandatory $5,000 fine
*Jail: 10 to 30 years (all but 2 years can be suspended on a first conviction for DWI Fourth Offense)
*Vehicle: Mandatory seizure and sale of the vehicle being operated at the time of arrest with the proceeds forfeited to the State.
*Driver's License Suspension: 2 years Prior convictions which may be used to convert a DWI into a second, third or fourth offense include a conviction for vehicular homicide, vehicular negligent injuring, first degree vehicular negligent injuring or a conviction for DWI in any state, municipal or other court. Louisiana has a 10 year "cleansing period" for DWI offenses. This means that if the arrest for the prior offense occurred over 10 years before the arrest for the current offense, that prior conviction cannot be used to convert the present DWI offense to a higher offense. However, any time that the arrestee was incarcerated during that period is excluded from the calculation of the 10 year limit. Additionally, Louisiana has a Child Endangerment Law which provides that if a child 12 years of age or younger was a passenger in the vehicle when the defendant was arrested, the minimum mandatory sentence provided for each offense cannot be suspended. This means that if the Child Endangerment Law applies, the minimum mandatory sentences would be as follows:
*DWI First Offense: 10 days in jail
*DWI Second Offense: 30 days in jail
*DWI Third Offense: 1 year in jail
*DWI Fourth Offense: 10 years in jail
A conviction includes; a verdict of guilty after a trial, a plea of guilty or a plea of nolo contendre. A conviction also includes a prior offense that was dismissed under Louisiana Code of Criminal Procedure Article 894.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Minimum limits: $10,000/20,000/10,000. Ticketed nonresident drivers unable to show proof of insurance will be jailed and be required to post cash bond to cover damages.

What Are The Speed Limits In Louisiana?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Prima Facie Interstate 70 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 25 mph

What If The Officer Didnt Give Me The Miranda Warning, What Does This Mean?

Mon, 21 Apr 2008 17:21:32 GMT

A law enforcement officer is supposed to give the "Miranda warning" once he has "taken a person into custody." If the officer does not, then any incriminating statements made by the accused as a result of questioning by the law enforcement officer cannot be used against him.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is Louisiana's Administrative Driver's License Suspension Law?

Tue, 29 May 2007 21:19:00 GMT

When a person is arrested for DWI and either refuses to submit to a breath alcohol or blood alcohol test or submits to a breath alcohol or blood alcohol test with a reading of .10 or above, the arresting officer will seize the person's driver's license and issue in its place a temporary license which is good for 30 days. When this happens you have the right to an Administrative Hearing to determine if your driver's license will be suspended. In order to obtain an Administrative Hearing you must apply for the hearing, in writing, within 15 days of your arrest. If you do not timely apply for a hearing, your driver's license will be suspended when the 30 day temporary driver's license expires. Your written request for a hearing can either be hand delivered to: Louisiana Department of Public Safety and Corrections
Litigation Support Unit
109 South Foster Drive
Baton Rouge, Louisiana 70806
or it can be mailed to: Louisiana Department of Public Safety and Corrections
Litigation Support Unit
P. O. Box 64886
Baton Rouge, Louisiana 70896 The safest means to request a hearing is, of course, to hand deliver, file and have date stamped the original request and a copy (which you retain for your records) to 109 South Foster Drive, Baton Rouge, Louisiana 70806. If this is impossible, then you must make sure that your mailed request is postmarked within 15 days of the arrest.

What Is The Definition Of Dwi?

Tue, 29 May 2007 21:19:00 GMT

In Louisiana, it is a crime (LA. R.S. 14:98) to operate any motor vehicle, aircraft, watercraft, vessel or other means of conveyance: A. While under the influence of alcoholic beverages or
B. With a blood alcohol level of .10 per cent or more or
C. Under the influence of any controlled dangerous substance.

What Is The First Thing I Should Do After I Am Arrested?

Tue, 29 May 2007 21:19:00 GMT

You should immediately consult with an attorney. The sooner you consult with an attorney, the sooner he can begin collecting evidence which is favorable to your case. The sooner friendly witnesses can be interviewed, the better their memories will be of the events which occurred surrounding your arrest. Additionally, certain other forms of physical evidence are more likely to be available and accurate if collected in close proximity to your arrest. Again remember that you only have 15 days from the date of your arrest to apply for an administrative hearing to contest the suspension of your driver's license.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or property damage exceeding $500 must be reported immediately to the local authorities or the Office of State Police and within 10 days to the Department of Public Safety & Corrections, Office of Motor Vehicles.

When Do I Have The Right To Call A Lawyer?

Tue, 29 May 2007 21:19:00 GMT

You have the right to call a lawyer before you answer any questions. You do not have a right to call a lawyer before you decide whether to submit to a field sobriety test or a breath alcohol test. However, you can always ask.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI *Yes

*Third + offense

When Must Headlights Be Used?

Tue, 29 May 2007 21:19:00 GMT

Headlights must be used when visibility is less than 500 feet.