Traffic laws and regulations are crucial for every driver in Louisiana. By knowing and adhering to these rules, drivers can guarantee their road safety and help prevent violations.
The Louisiana Office of Motor Vehicles (OMV) collaborates with the Department of Public Safety and Corrections (DPS) and local law enforcement authorities to oversee and enforce state traffic laws. These entities monitor driver behavior, issue citations, and maintain comprehensive records of traffic-related incidents.
Failing to comply with Louisiana traffic regulations can result in severe consequences for drivers. Violations may lead to the suspension or revocation of driving privileges, significant increases in insurance premiums, criminal penalties like fines and jail sentences, and the creation of permanent records that can impact employment and other personal matters.
In line with that, motorists in Louisiana are encouraged to practice responsible driving. By following traffic laws and driving attentively, drivers can avoid committing violations and promote a secure statewide driving environment, ultimately reducing traffic incidents in the state.
What Are the Major Traffic Violations in Louisiana?
A traffic violation is committed when a driver fails to follow Louisiana traffic laws. The severity of these violations is graded based on the potential harm it may cause to property and life. Minor offenses are also known as infractions, while more severe cases are classified as misdemeanors or felonies.
In Louisiana, traffic offenses are categorized into three groups: equipment, parking, and moving violations.
Moving offenses are the most typical and occur when a vehicle is in motion. On the other hand, parking violations involve unlawful parking or parking in a no-parking area. Equipment violations pertain to the inappropriate use or malfunction of vehicle components.
Louisiana law takes traffic violations seriously, and offenders face various penalties. The penalties can include fines, withdrawal of driving privileges, and even jail terms for the most severe offenses. Moreover, a traffic offense is often recorded against the offender's driving record, impacting their insurance premium and professional career.
Felony Traffic Violations in Louisiana
Felony traffic violations are serious offenses classified as felonious according to Louisiana's penal code. They are considered the most severe traffic violations in the state and often involve repeated offenses that may have started as misdemeanors.
Offenders facing felony traffic charges in Louisiana are typically entitled to a jury trial and legal representation. The judge presiding over the case determines the appropriate penalty based on the individual circumstances. Punishments for felony traffic violations can include hefty fines exceeding $2000 and a prison sentence of more than a year.
The list of felony traffic offenses in Louisiana mirrors that of misdemeanors, but the distinguishing factor is the repetition or accumulation of violations leading to a felony classification.
Examples of felony traffic offenses in Louisiana are multiple convictions of the following:
- Driving while intoxicated (DWI) or driving under the influence (DUI)
- Hit-and-run incidents
- Driving with a revoked license
- Attempting to evade law enforcement officers
- Reckless driving
- Racing on state highway
Traffic Misdemeanors in Louisiana
Traffic misdemeanors in Louisiana are considered less severe than felony violations but can still lead to fines and jail sentences, depending on the specific offense. Specifically, these charges may lead to a jail term of three months to one year, with fines reaching up to $2000.
Unlike felony cases, traffic misdemeanor trials in Louisiana typically do not involve juries, allowing judges to determine the appropriate punishment for the offense. While initial misdemeanors are usually treated as such, repeated violations may escalate to felony charges.
Some common examples of traffic misdemeanors in the state are the first offense of the following violations:
- Reckless driving
- Unlawful departure from an accident scene
- Driving with a revoked or suspended license
- Failure to comply with law enforcement orders
- DWI or DUI
Traffic Infractions in Louisiana
Infractions are the mildest traffic offense drivers can commit in Louisiana. This traffic violation category encompasses many offenses, but the consequences only lead to fines and violations on driving records.
While these infractions may seem minor, they can have significant implications, such as increased insurance premiums and potential employment challenges. Multiple infractions listed on an individual's driving records may also result in more severe penalties, including license suspension or revocation.
Among the examples of traffic infractions in the state are the following:
- Failure to yield the right of way
- Distracted driving
- Disregarding traffic signals
- Failure to stop at intersections
- Tailgating
- Speeding
- Driving below the speed limit
- Improper parking
- Driving in the wrong lane
Louisiana DUI and DWI Laws
Louisiana's DUI and DWI laws are outlined in the Louisiana Revised Statutes Section 14:98.
This code specifies that operating a car while intoxicated constitutes the operation of any motor vehicle while the operator is under the influence of alcohol, has a blood alcohol concentration (BAC) of 0.08% or higher, or is under the influence of a controlled dangerous substance.
DUI or DWI are both moving violations in the state. If guilty, violators may be arrested by the Louisiana State Police (LSP).
Penalties for DUI and DWI Offenses in Louisiana
The penalties for DUI or DWI offenses in Louisiana depend on the driver's BAC level and the number of prior convictions. The imposed penalties for drivers found guilty of DUI or DWI in the state are as follows:
Chemical Test Refusal
Refusing a chemical test in Louisiana entails distinct penalties apart from the charges associated with a DUI or DWI offense.
Implied Consent mandates that individuals who hold a driver's license from the DPS must comply with law enforcement's request for a chemical test. Refusal to do so will result in a driver's license suspension of 365 days for the initial offense and 730 days for succeeding offenses.
After suspending, offenders must also maintain SR-22 for three years, significantly increasing insurance premiums.
First DUI or DWI Offense
A first offense of DUI or DWI in Louisiana is considered a misdemeanor. The fine for this violation ranges from $300 to $1000. However, drivers with a BAC higher than 0.20% may face additional fines of $750 to $1000.
Other consequences for a first DUI or DWI conviction in the state include driver's license suspension, mandatory community service, and a potential maximum jail sentence of six months.
Second DUI or DWI Offense
In Louisiana, individuals convicted of a second DUI or DWI offense face a misdemeanor charge.
The penalties for this violation include fines of $750 to $1000, license suspension, mandatory community service, and a minimum of 48 to 96 hours in jail, extending up to six months based on their blood alcohol content level. Moreover, offenders must install an ignition interlock device in their vehicle for six months.
Third DUI or DWI Offense
A third DUI or DWI offense in Louisiana is considered a felony, resulting in more severe penalties.
More specifically, offenders face a $2000 fine, one to five years in prison without probation for the first year, mandatory community service, and installation of an ignition interlock device on all vehicles operated by the offender.
Additionally, there is a possibility that the prosecutor may forfeit the offender's vehicle.
Fourth DUI or DWI Offense
A fourth DUI or DWI offense in Louisiana will give violators felony penalties. They may face a $5000 fine, a minimum of ten years and a maximum of thirty years imprisonment, community service requirements, and confiscation of the offender's vehicle.
If child endangerment violations are involved, additional punishments will be imposed.
Louisiana Speeding Violations
In Louisiana, two main laws govern speeding violations: the basic and absolute speed limit laws.
The basic speeding law, found in Louisiana Revised Statutes Section 32:64, requires drivers to adhere to a speed that is deemed reasonable considering the prevailing conditions. For instance, if a road is posted with a speed limit of 45 miles per hour, but there is heavy rain or traffic congestion, driving at that speed may not be safe or appropriate.
On the other hand, the absolute speed limit law, detailed in Louisiana Revised Statutes Section 32:61, sets specific maximum speed limits in the state:
- 55 mph on any highway unless otherwise posted
- 70 mph on interstates or controlled access highways
- 65 mph on multi-lane divided highways with partial or no access control
Violators exceeding these speed limits face varying penalties based on the extent of their speeding:
- $115 for exceeding the limit by 1-9 mph
- $215 for exceeding the limit by 10-14 mph
- $240 for exceeding the limit by 15-20 mph
- Fines exceeding $240 for exceeding the limit by 21 mph or more
In speeding cases involving aggravating factors, additional charges such as license suspension and incarceration may apply.
How Does Louisiana's OMV Point System Work?
Louisiana operates differently from most states by not implementing a points system to monitor driving violations. Instead, the OMV focuses on various aspects of an individual's driving behavior, such as their license status, the nature of traffic violations committed, and the frequency of offenses.
Despite the absence of a state-specific point system, Louisiana participates in the Problem Driver Pointer System (PDPS). This national database compiles driver history information from all states, highlighting issues like suspensions, revocations, cancellations, denials, and serious traffic violations.
Using PDPS data, Louisiana assesses an individual's eligibility for a driver's license within the state. Moreover, the OMV reserves the right to take disciplinary measures against those with a history of multiple traffic infractions, both within and outside Louisiana.
Potential penalties imposed by the OMV may include the suspension of a Louisiana driver's license, mandatory completion of driver improvement courses, payment of reinstatement fees, and additional fines.
How Long Do Traffic Violations Stay on Louisiana Driving Record?
The duration for which a traffic offense stays on Louisiana driving record varies based on the seriousness of the violation and the legal proceedings that follow.
Minor violations like speeding or failure to yield typically stay on the record for three years. If the individual admits guilt or is convicted in court, the violation stays for five years.
More severe violations such as reckless driving or DUI linger for a decade, while felonies like vehicular homicide stay permanently. Contesting a severe violation citation and being acquitted results in no record of the offense. Yet, being found guilty or admitting to a lesser charge leads to a recorded conviction.
Note that some traffic violations can be removed from driving records earlier by completing a defensive driving course and meeting other criteria outlined in the Louisiana Code of Criminal Procedure.
What Is the Process for Handling Traffic Tickets in Louisiana?
Those issued a traffic ticket in Louisiana can respond by paying it or contesting it in court. Information about these response options is detailed below:
Pay the Ticket
Individuals paying a traffic ticket in Louisiana essentially accept guilt for their citation. This option has two payment avenues: online payment or in-person payment.
For online payment, the offender must navigate to the parish website where the ticket was issued. On the website, they should input their details and proceed with the payment instructions.
Meanwhile, those interested in paying the traffic ticket in person must visit the clerk of court in the parish where they received the ticket. At the clerk's office, they need to complete a form and then present it to the cashier for payment processing. Offenders must receive and retain a receipt as evidence of payment.
Note that the offender must guarantee that the court receives the payment on time. Those unable to pay their traffic tickets on time can face additional fees and penalties. If an individual cannot pay the entire fine at once, they can opt to arrange a payment plan from the court.
Contest the Ticket
In Louisiana, individuals can contest a traffic ticket by pleading not guilty in court.
To effectively contest the ticket, the offender must meticulously prepare a strong defense strategy. This may involve demonstrating the lack of probable cause for the traffic stop, providing eyewitness testimony, and submitting motions for dismissal based on relevant laws or precedents.
Moreover, it is crucial to formally notify the court of the not-guilty plea and fulfill any associated financial obligations.
The assigned judge will then decide on the individual's culpability for the traffic violation.
Depending on the outcome, the offender could face fines, accrue violations on their driving record, or encounter other repercussions if deemed guilty. Conversely, a not guilty verdict will result in the dismissal of charges, thereby absolving the individual of any penalties.
How Are Accident Reports Handled in Louisiana?
The handling of accident reports in Louisiana is governed by Louisiana Revised Statutes Section 32:398. Under this statute, drivers involved in accidents resulting in injury, death, or property damage exceeding $500 must promptly notify the authorities.
The code stipulates that if an accident occurs within a city or town, the local police department must be notified. Conversely, the nearest sheriff's office or LSP station should be contacted if the accident occurs outside a city or town.
In cases where the accident happens in an evacuated or emergency area, the driver is granted a 72-hour window to report the incident.
Law enforcement officers conducting investigations into these accidents request essential information from drivers, including the following:
- Name and address of the vehicle owner and driver
- Vehicle license number
- Insurance details
- Any injuries sustained
How To Get a Copy of a Crash Report in Louisiana?
Obtaining a copy of a crash report in Louisiana is vital for insurance claims and potential legal proceedings following a car accident in the state.
Insurance companies heavily rely on these reports to determine fault and process claims efficiently. At the same time, personal injury lawyers use them as crucial evidence to build cases and secure fair compensation for their clients.
To acquire a crash report in Louisiana, individuals must first identify which law enforcement agency handled the investigation. Typically, the local police department deals with accidents within city limits, while the LSP handles incidents outside municipal boundaries.
For accidents investigated by the local police, individuals can request the report in person at the department's office. If the LSP conducted the investigation, interested parties can conveniently request the report online through the LSP Crash Report platform.
When making a request, individuals should be prepared to provide specific accident details such as the date, location, names of involved parties, and other relevant information.
Note that obtaining crash reports involves a fee. This fee varies among local police departments but is $11.50 for reports from the LSP.
What Should Drivers Know about Traffic-Related Arrests in Louisiana?
Drivers in Louisiana should be aware of the various reasons individuals receive traffic-related arrests in the state. Common causes include DUI or DWI, reckless driving, hit-and-run incidents, driving with a suspended or revoked license, and evading law enforcement.
When a driver is pulled over for a traffic violation in Louisiana, they may face immediate arrest if the police officer has reasonable grounds to suspect criminal activity. This often involves the officer informing the driver of their Miranda rights and taking them into custody.
Subsequently, the officer may conduct field sobriety tests or request a breathalyzer or blood test if impaired driving is suspected, followed by transportation to the police station for processing.
Arrested drivers possess certain fundamental rights. These include the right to remain silent and have legal representation present during questioning, protection against unreasonable searches and seizures, and the right to a prompt judicial hearing.
The repercussions of a traffic-related arrest in Louisiana can be significant. Those found guilty can face criminal charges, fines, incarceration, driver's license suspension or revocation, higher insurance premiums, and challenges securing employment or housing due to a criminal record.
Seeking immediate legal assistance is crucial when involved in a traffic-related arrest in Louisiana. A skilled traffic violations attorney can safeguard individual rights, contest charges, and strive to mitigate potential consequences.
Additionally, arrested individuals should obtain a copy of their driving record and explore options for expunging or sealing convictions, if applicable.