1. How can I keep a
speeding ticket or misdemeanor traffic violation off my
record?
An experienced speeding ticket attorney who is familiar
with Louisiana laws can assist you in keeping a ticket
off your record. There are two Louisiana Code of
Criminal Procedure Laws that provide a method to keep a
ticket or misdemeanor offense off your record. To
participate in either one of these programs, you must
pay the fine and applicable driving school fee.
2. What are the speed
limits in Louisiana and how are they enforced?
Unless otherwise posted, the following speed limits
apply throughout the state of Louisiana:
- Interstate: 70 mph
- Limited Access Roads -
65 mph
- Other Primary Roads -
55 mph
- Residential Areas - 25
mph
Speed limits are enforced
by use of radar, Vascar, pacing, aircraft, and laser.
3. I did not show up
in court for a speeding ticket. What will happen to me?
An attachment for your arrest may have been issued, a
contempt fine may be assessed, and your license may be
suspended or could be in the process of being suspended.
The procedures and time lines vary greatly from court to
court. Even if you missed your court date, you should
act as soon as possible to stop the processes. You need
a qualified Baton Rouge Lawyer
at the Babcock Law Firm to assist you.
4. Will my insurance
rates go up if I get a speeding ticket?
Your insurance premiums could increase from 25% to 400%
after a traffic conviction. Many people just pay the
ticket when a knowledgeable attorney in many cases is
able to save their driving record and keep their
insurance rates from increasing. Traffic violations will
follow you for years and can cause increased penalties
for any future violations.
5. Can I still receive
a ticket if I was not caught on radar?
You may receive a ticket at the scene, however it is
possible you can fight the decision in court. In every
charge of a speeding violation, the complaint must
specify:
- the speed at which the
defendant is alleged to have driven,
- the speed which is
posted, and
- the time and place of
the alleged violation.
Another form of checking
speed is “pacing”. Pacing is performed by an officer
in a patrol car with a calibrated speedometer for a
duration of distance wherein the officer accelerated to
a speed equivalent to the suspect's, and then keeps a
steady distance behind the suspect's vehicle.
6. Shouldn’t I just
pay the ticket in the mail?
On the backs of most tickets, you will find what is
known as the "window fine." The instructions
will advise you that you can pay this fine through the
mail. However, they do not advise you of the effect of
paying the ticket. If you pay the window fine through
the mail, you will be found guilty and in many cases,
the convictions will appear on your driving record. You
may also see an increase in your insurance rates. You
should contact an
experienced traffic ticket lawyer to discuss your
rights. An attorney at Babcock Law Firm will do
their best to work with you to minimize or dismiss your
speeding ticket.
7. Do I need a lawyer
to help with my speeding ticket?
A Babcock Law Firm attorney who defends traffic tickets
can assist you in many ways. We are very familiar with
Louisiana law and the myriad of traps that await the
uninitiated. Though an attorney cannot guarantee
dismissal of a ticket, we can help in many ways to try
to prevent your ticket from becoming a conviction on
your driving record and help protect your driving
privileges and insurance rates.
8. What happens if I
am caught speeding in a school zone?
If a person operating a motor vehicle in Louisiana
exceeds the speed limit in an active school zone, the
fine for such a violation is increased by fifty percent
over the standard fine imposed. The proceeds from the
fine increase are forwarded to the public school system
in which the incident occurred. Louisiana law provides
that the penalty for a first violation shall be a fine
of not more than $175 or imprisonment for 30 days or
less, or both. A fine of not more than $500 or
imprisonment for 90 days or less or both shall punish a
second or more violation.
9. Would attending
traffic school help reduce my fine?
Traffic school is a 6 - 10 hour program of instruction
on driving safety and traffic laws offered by a state
authorized school. After successfully completing traffic
school and submitting the proof of completion to the
Louisiana DMV, the violation and the points are then
removed from your driving record. Typically attendance
at traffic school is allowed to remove a violation from
your driving record only once every 12 - 18 months, and
only if it is a minor traffic violation.
10. How long will my
speeding ticket stay on my record and who has access to
my permanent record?
The DMV and law enforcement agencies have immediate
access to your driving record. In addition, for
"good cause" reasons, employers, attorneys and
insurance companies may be granted access. Unless
expunged by court order, offenses stay on your permanent
record. However, your insurance company may only be
concerned with offenses during the last several years
when setting your premium.
Traffic
Law
1. What is the law
regarding driving without a license?
According to Louisiana law, no person shall drive or
operate any vehicle upon any highway within Louisiana,
unless issued a license. No person shall permit any
other person to operate any vehicle owned by him upon
highways of Louisiana unless that person has been issued
a license as well.
2. What happens if I
receive a speeding ticket in a state other than
Louisiana?
The “Drivers License Compact” requires member states
to report tickets received by a motorist to the state
where they received a license to drive. When a state
suspends the license of a driver who is from
out-of-state, the state where the motorist received a
license to drive will also suspend their license. The
“Non-Resident Violator Compact” requires member
states to suspend the driver’s license of those who
get traffic tickets for moving violations in other
states and fail to pay them.
3. Can a police
officer search my car in a routine traffic stop?
Typically, the answer is no. However, if you make the
officer "reasonably suspect" that you are
armed and dangerous or involved in criminal activity,
he/she does have the right to request to search your
vehicle. If the officer does see something suspicious,
then the law allows him to do a "pat-down"
search of you and of the passenger compartment of your
car. He or she can also "frisk" (feels the
outside of) any purses, bags or other things in the car
that could hold a weapon.
4. What are the most
common Louisiana traffic law regulations?
- Open intoxicants are
prohibited in the vehicle.
- Firearms are permitted
in the vehicle.
- 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.
5. What are different
types of traffic tickets that I can be issued?
Convictions for moving violations will go on your
driving record. Some common examples of moving
violations that will appear on your driving record upon
conviction are:
- Speeding
- Running a red light
- Running a stop sign
- Changing lanes
unsafely
- Failure to control
speed
- Failure to yield right
of way
