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Louisiana DWI Library
DUI Library: Louisiana
Panel Recommends Long Jail Term for Louisiana DWI.
Repeat LA drunk driving offenders could face up to three years in jail.
A DWI Task Force organized by the office of Gov. Bobby Jindal has proposed significant jail terms for those convicted of multiple drunk driving offenses in Louisiana. Third time Louisiana DWI offenders would be required to spend one year in jail. A fourth offense would lead to a three year jail sentence. Current Louisiana DWI law stipulates a minimum of 45 and 75 days respectively for these offenses.
The proposal to increase the penalties for driving while intoxicated in Louisiana have been backed by the state’s District Attorneys Association. The recommendations have not yet been drafted into legislation. The 2010 legislative session begins March 29.
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Plan Aimed at Increasing Louisiana DWI Penalties
Goal is to quadruple the time a license is suspended.
A Taskforce on DWI and Vehicular Homicide assembled by Gov. Bobby Jindal has recommended legislation quadrupling the penalty for refusing a breath test in cases of driving while intoxicated in Louisiana. The law, which is still in draft form, would call for the suspension of a motorist’s license for 24 months. Under current Louisiana DWI law, a license is suspended for 6 months if a suspected impaired motorist refuses to submit to a breath test, compared to two years if the test is taken and failed.
Because of the difference in the suspension period, the governor and the task force members feel that the current law encourages drunk drivers to refuse a breath test. Opponents say the task force focused on only increasing penalties rather than offering treatment for chronic drunk driving offenders. One state representative cited a situation where a family member had to travel 1,100 miles to get treatment not offered in Louisiana, and indicated that harsher penalties alone will not necessarily change behavior issues.
Jindal approved of the DWI license suspension measure last month and the issue will be considered during the upcoming 2009 legislative session.
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Governor Wants New Laws for Louisiana DWI
Gov. Bobby Jindal outlines laws designed to reduce drunk driving in Louisiana.
Governor Bobby Jindal has announced an interest in new laws to strengthen the penalties involved with DWI arrests. He especially wants increased penalties for those who refuse to submit to breath tests when stopped for suspicion of driving while intoxicated in Louisiana. The initiative is one of three proposed by Jindal and a Louisiana DWI Task Force.
Under current LA DWI law, a first offender who refuses to submit to a breath test is subject to suspension of driver’s license for six months. If the person took and failed a test, the suspension is for two years. The new law would increase the suspension period to two years for refusal. A second DWI conviction would result in a four year suspension and an inability to get a hardship license for travel between home and work or school.
Another measure calls for criminalizing driving with a suspended license after a DWI conviction. Such action is currently treated as a traffic violation. A third law would streamline the driver’s license suspension process following a Louisiana DWI arrest.
The Governor acknowledges that key details have to be worked out before the measures are presented to the 2009 legislative session, which starts April 27. The goal is to introduce the proposed laws to the state legislative body by May 6.
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Louisiana Sheriff’s Deputy Charged with DWI
Plaquemines Parish deputy wrecked patrol car while off-duty.
A Plaquemines Parish sheriff’s deputy was charged with driving while intoxicated in Louisiana last weekend. The arrest report states that Deputy Jamar Thomas was off-duty when he wrecked his patrol car around 6:00 pm.
Thomas, a 10-year veteran with the sheriff’s department, has been suspended without pay. The department stated that Thomas had been out on an extended sick leave and he should not have been driving the patrol vehicle while off-duty.
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Task Force Seeks to ‘Get Tough’ With Louisiana DWI
Three proposals aimed at reducing drunk driving in Louisiana.
Nearly half of the vehicular deaths in Louisiana can be attributed to alcohol, and a state task force recently joined with prosecutors to map out a ‘get tough’ plan. The Louisiana DWI Vehicular Homicide Task Force feels that motorists are in denial about their drunk driving habits and our culture has reacted slowly to the problem. In response, the group crafted three goals for state legislators to consider.
They are: increase the penalty for driving with a suspended license from a fine to a criminal offense; increase the penalty for refusing to submit to a breath test to check for blood alcohol content in a suspected Louisiana DWI; and limit information covered in pre-trial hearings. In the latter situation, Louisiana DWI defense lawyers are gathering police officer testimony at pre-trial hearings and then using any conflicting statements during trial to impeach the officer’s testimony and seek dismissal of the case. Similar legislation failed last session.
The DWI task force was hand-selected by Governor Bobby Jindal, with the hope that the recommendations from the group would hold greater influence with members of the Louisiana State Legislature. The task force plans to meet again in early March to finalize its proposals. The legislative session starts April 27.
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District Attorney Charged with Louisiana DWI
Winn Parish DA charged with drunk driving in Louisiana.
The District Attorney for Winn Parish was arrested for driving while intoxicated in Louisiana last Wednesday. Richard Christopher Nevils was involved in a hit and run accident around 9:50 pm. When stopped, Nevils reportedly failed a field sobriety test. A breath test revealed a blood alcohol content of .173%, over twice the legal limit for intoxication in Louisiana.
Nevils in the DA for the 8th Judicial District of Louisiana in Winn Parish. He was booked on charges of Louisiana DWI, leaving the scene of an accident and failure to maintain control of his vehicle.
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Police Officer Charged with Louisiana DWI in Shreveport
Off duty cop was driving police cruiser at time of arrest for drunk driving in Louisiana.
Shreveport police officer Michael Welch was charged with driving while intoxicated in Louisiana after a traffic incident. The 32-year old was off duty but driving a marked patrol car when other motorists contacted the police about his careless driving. Shreveport police were immediately dispatched to the area, where the found Welch asleep behind the wheel with the engine of the police cruiser running.
Welch was booked at the Shreveport City Jail on charges of suspicion of drunk driving in Louisiana around 4:00 am. He was later released on bond.
Welch is a three year veteran with the Shreveport Police Department, assigned to the Uniformed Services Division. He is on administrative leave pending an investigation.
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Extra Penalties Considered for Louisiana DWI During Hurricanes
Lawmaker worried about drunk driving in Louisiana during hurricane evacuations.
A Louisiana state legislator is considering filing a bill that would increase the penalties for drunk driving during a hurricane evacuation. Representative John Edwards has requested statistics from the state police to see if alcohol related accidents and DWI arrests hindered the evacuation of 1.9 million people before the arrival of Hurricane Gustav.
Edwards said he had heard of five arrests on Interstate 55 for driving while intoxicated in Louisiana in the first hours after evacuations were ordered. While that figure has not been confirmed by state police, Edwards used at meeting of the House Select Committee on Homeland Security to raise the issue of DWI penalties in order to improve the state’s response to hurricanes.
Edwards is proposing the creation of a new charge titled ‘Evacuation Driving While Intoxicated’ that would require jail time. In the lawmaker’s words, to have the driver ‘dry out’ for a few days at the Louisiana State Penitentiary. He is also considering mandatory installation of an ignition interlock device before an offender can resume driving.
The chairman of the House Select Committee has said that it is soliciting ideas from a number of sources to address problems associated with hurricane evacuations.
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City Director Charged with Louisiana DWI
Drunk driver was in city owned vehicle at the time of his arrest.
The Director of Community Development for the city of Natchitoches, Louisiana was arrested for driving while intoxicated last weekend. Randall S. LaCaza was driving a city owned Chevrolet Impala when he was stopped by the Louisiana State Police for a traffic violation.
LaCaze, 57, was taken to the Natchitoches Parish Jail and booked on charges of Louisiana DWI, improper lane usage and having an open container in the vehicle.
A city spokesperson has indicated that the city will wait for the legal system to reach a decision before possibly disciplining LaCaze. In the mean time, his ‘take home privileges’ have been revoked, and he is not allowed to drive a city vehicle after normal business hours.
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Agencies to Patrol Waterways for Louisiana DWI
Effort to curb drunk boating focused in St. Tammany Parish.
The St. Tammany Parish sheriff’s department is teaming up with the Louisiana Department of Wildlife on Saturday to conduct special DWI patrols. The two agencies will be on the look out for drunken boat operators in the waterways along the north shore of Lake Pontchartrain.
During 2007 there were a total of 18 accidents in the parish, and going into the peak boating season there have already been 12 accidents this year.
Being charged with Louisiana DWI while boating carries the same penalties as drinking and driving.
If you have been charged with Boating While Intoxicated or Driving While Intoxciated in Louisiana you need a Louisiana DWI Lawyer.
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