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Louisiana DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for Louisiana on
Q: DWI. Would pleading guilty with 894 negatively affect the civil side (DMV license suspension) of my case?

Or are they completely separate and one does not affect the other? It is still early in the process and I've done a ton of research. Am trying to decide whether to just plead 894 on my own or hire an attorney and go to trial.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 18, 2019

A.plea will result in automatic suspension.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: DWI charge was reduced to reck opp but dmv still ordered me to install interlock for 1 year,,why ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 27, 2018

Because you probably didn't request a hearing with Dept of Public Safety.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Is LA temporary ID/DL available?

I am a CA resident, currently and temporarily due to family medical emergency in LA, in need of a valid ID & DL. I want to keep my CA status but need to drive home NOW. Does LA give temporary ID & DL to get me home? What is the fastest and legal way to handle my situation? Thank you.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 29, 2018

Never heard of a temp DL. Call Motor Vehicles.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Can a property bond be used if it is in my name and my previous deceased husband's name?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 5, 2018

Yes. The bond office or the defendant's criminal attorney should be able to help you

2 Answers | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: Question about When a person is granted a motion to dismiss and set aside under article 893 in LA

Disregard!

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 20, 2018

D.A. can charge you with 2d DWI 1 or DWI 2. Art 894 does not limit D.A.

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1 Answer | Asked in DUI / DWI for Louisiana on
Q: HAVE A DWI II AND HAVE BEEN CHARGED WITH AGGAVATED FLIGHT. CAN IT BE REDUCED TO A LESSER CHARGE AND NOT A FELONY?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 2, 2018

Everything can be reduced to a lesser included offense.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: Passed breathalyzer bac 0.077 still arrested and had to be bonded out ! Why when passed below.08 in Louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 18, 2018

Because they are claiming you were under influence of narcotics also or that you are under 21.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Products Liability for Louisiana on
Q: I was in involved in a accident on a atv and the driver left the scene but I was charged why?

The driver was taken from scene and cleaned up never questioned or anything why did I receive the tickets when I was left there for dead?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2018

You need a criminal attorney who also practices personal injury. More details are needed to answer your question.

1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Louisiana on
Q: Is this even correct because it doesn't seem right?

I was given a careless operation ticket with alcohol and open container. I was not drinking that day. No breath test was given to me but the officers did make me do a few things like look into a light. During that test I allowed officers in my vehicle and they found a bottle in one of my bags.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 23, 2018

Hire a criminal attorney. You're also going to need it because you're going to be sued for injuries, if there was another driver.

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: in Louisiana is an article 894 only a route for expungement or does it set the conviction aside to get my license back?

I was sentenced under an article 894 for dui first in la. I recently completely my one year of probation. I thought the article 894 would be granted under the satisfactory completion of my probation and that it would set the conviction aside for insurance and job application purposes but it would... Read more »

David L McBride
David L McBride
answered on Oct 10, 2017

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... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: My nephew received 3 dui's, but just got a good job. He says he has a ride to work, but what is consequence if he driv
David L McBride
David L McBride
answered on Oct 10, 2017

I'm a little confused by your question. Does he have a valid driver's license right now? If the answer to that question is no, then, in general, he may be ticketed for operating a motor vehicle while having a suspended license. In general, that results in further suspension of license... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Louisiana on
Q: prescription containers, prescription documentation

Tonight my soon to be wife dropped our two boys off at the baby sitters home. On her drive back she wrecked the truck into a ditch (this truck also just left the shop after getting front end work done.) Not having a way to get to her location I dispatched two friends, as she was bloody when she... Read more »

David L McBride
David L McBride
answered on Oct 10, 2017

In general, the way that you stored your prescriptions in the vehicle (with the prescription and documentation)) is the best way to ensure that you don't face criminal issues associated with them. Unfortunately, this doesn't always prevent the police from charging individuals with... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: 2 yrs. ago my husband got a DUI in VA his license is WV. We reside in LA he got the dui shortly after we moved.

He spent over a month in jail in VA no one else was involved or got hurt thank God. The Magistrate man there in VA said he has time served and there was nothing more we needed to do when I went to get my husband from jail. Then WV suspended his license. They are insisting on an interlock machine... Read more »

William C. Head
PREMIUM
William C. Head
answered on Aug 16, 2017

Drivers' license laws are not made to adjust to good conduct later. They are mechanically enforced.

Because driving is not a RIGHT, but a PRIVILEGE, he will not enjoy the privilege of having a license until he reinstates the right to drive.

1 Answer | Asked in DUI / DWI for Louisiana on
Q: I was released from probation in march of 2017 for a DUI in 2013 do I still have time for an appeal
William C. Head
PREMIUM
William C. Head
answered on Aug 8, 2017

Appeal what? Your case is over.

So, the answer is NO.

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Louisiana on
Q: my dad was killed in a head on car crash by a driver that had multiple drugs in his system (meth,weed) what's the charge

The crime lab reports excessive amounts of both.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 3, 2017

My sincerest condolences on your loss.

The criminal charge would likely be vehicular homicide, which is death resulting from an accident where, in relevant part:

1) The offender is under the influence of alcoholic beverages;

(2) The offender’s blood alcohol concentration...
Read more »

1 Answer | Asked in DUI / DWI and Car Accidents for Louisiana on
Q: 2 DWI's, driver hit a pedestrian who later got leg amputated and later died but to other causes.. Is driver responsible?
Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

If the "other causes" are related--as in blood clot, osteomyelitis, etc. Yes. This sound very serious. You need to get off public websites and if you are the driver with the dwi, talk to a lawyer. Yes they charge. But this is very serious. Worry about the cost and don't see a lawyer,... Read more »

1 Answer | Asked in DUI / DWI for Louisiana on
Q: do I have to get an interlock in a vehicle to get my license back for a 2nd DWI that was resolved 6yrs ago
Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 23, 2016

If your case was resolved 6 years ago, why are your sanctions still in doubt? You should contact your lawyer from that second DWI.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Louisiana on
Q: Is jail time a common penalty I should expect after receiving a driving under suspension and reckless operation ticket
Paul Stanko
PREMIUM
Paul Stanko
answered on Sep 18, 2016

A lot depends on the facts. How were you reckless? Why were you suspended? Have you be convicted before, and of what? Whether jail is common or not, it is possible.

1 Answer | Asked in Car Accidents, DUI / DWI and Criminal Law for Louisiana on
Q: if my friend was driving my car and did a hit and run while intoxicated, how long will he be in jail

he has had a DWI once before and he's 19. it was a complete accident... But the person in the other car was injured..

Peter N. Munsing
Peter N. Munsing
answered on Aug 1, 2016

He would want to at least get a consult with an attorney --I can't say how long but the judge will be figuring that if he's 19 hand has 2 DUI's he didn't get the message and now it's time for the 2x4. And he'll hit for distance.

He needs to be as concerned...
Read more »

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