Can A Complaint Against an Officer Void Your Traffic Ticket in Louisiana?

Traffic tickets are very common. Anyone can make a mistake while driving and can end up with a traffic ticket. The officer will mention what violations you were cited for, when your court date is, and sometimes the amount of fine you need to pay for the violations.

The good thing is that our legal system allows us to fight this ticket and plead your case in court. If you feel you have the slightest chance to prove yourself not-guilty, you can plead so in court and proceed to verify your claim with help of Louisiana Speeding Ticket Lawyer.

How You Can Handle The Traffic Violation Tickets

If you got a minor violation, then you have several options to handle the ticket. If you were given a ticket for a misdemeanor, you will be expected to appear in court. If you don’t appear in court on the day of the hearing, the court can charge you with a “Failure to appear” violation, take away your driving license, and levy additional fines.

You always have the option of contesting a traffic violation. However, if you choose not to challenge it, then you are faced with the following options:

  • Paying the fine
  • Choose traffic school
  • Correct the violation

If you decide you want to contest the violation, then you can choose one of the following options:

  • Request a court trial
  • Request a trial by written declaration

Whatever you choose to do, besides the above options, there is no other way to deal with a traffic violation. There are, however, multiple situations in which your traffic violation ticket may get dismissed:

The Officer Does Not Appear In Court

The officer has to prove in court that you did break the rule and did something wrong to be given the ticket. If the officer does not come to court, he/she cannot prove your fault. As a result, the violation will be dismissed

A Mistake On The Ticket

Any incorrect or missing information on the ticket can lead to its dismissal. Check your ticket thoroughly and if the officer has made any mistake on it, bring it to the court’s notice. If the error is valid, then the court will dismiss your ticket.

Faulty Equipment

Another way to get your traffic violation ticket dismissed is by proving to the court that the officer’s equipment, like a RADAR gun or the camera on the red light, to give you the citation was faulty and was not working correctly. If you can prove this claim, the court will not consider your ticket and let you go.

While all of the above points may work in court and help you avoid a traffic violation ticket, you should also keep in mind what will not work in a court of law. We often try to make defenses in desperation, thinking it may help us with our traffic ticket. But this is not true for everything. Here is a list of defenses that will not work to relieve you of your traffic violation ticket.

  • Not knowing the law well: Even if you prove that you did not understand the law well and misunderstood it, the court will not dismiss your ticket.
  • Telling the court that you were going with the flow of the traffic: This defense will definitely not work. The fact that other drivers were not driving correctly does not give you the opportunity to do the same. As such, this defense will not work in your favor.
  • The officer singled you out of the many potential violators: If you bring this defense in court, you are indirectly agreeing to the mistake. The fact that the officer picked you and no one else tells the court that you did commit the crime, but were hoping the officer catches someone else.
  • No property was damaged, and no one was injured: In most minor traffic violations, the officer does not have to prove that there was property damage involved or that anyone was injured. Hence, this defense won’t work in the court of law.
  • Giving the court a tragic story: Judges in the traffic court are used to hearing stories and excuses from the accused day in and day out. Giving them a tragic story won’t convince them that you are guilt-free
  • Stating that the officer is lying: Any officer is under oath to tell the truth in court. So, between you and the officer, there is a higher chance that the judge will believe the officer and your defense that the officer is lying won’t hold good.

While all of the above excuses and defenses are commonly seen in court, one of the most common ones that people often ask attorneys about is whether the traffic violation will become void if there is a complaint against the reporting officer.

The simple answer to the question is no. Any complaint against the officer cannot void your traffic ticket. For example, if the complaint was filed because the officer kept your license, the court could ask you why you did not remind the officer to return your license then. As such, this reason cannot void your traffic ticket. Your best option to handle the situation would be to plead not guilty and go to trial if you think you have concrete proof that proves your innocence.

It is natural to get worried and start scrambling in desperation if you have gotten a traffic violation ticket. This is especially true if your traffic violation is a serious one. You will try and think of many defenses that you believe will help you out of the case. What you may not realize is some of these defenses may even put you in more significant trouble. In such situations, it is best to speak to a Louisiana Speeding Ticket Lawyer and get clarity on what might work and what will not. The lawyer can also listen to your case and tell you if you have a chance at getting the ticket dismissed, and advise you of your legal rights.

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How Do Lawyers Take Care of Traffic Tickets in Louisiana?

Three Hundred Dollars! That’s the average fine you will be required to pay as a penalty if you are charged with a speeding ticket in Louisiana, US. This shows that no matter how accomplished a driver you’re, you can be pulled over by a traffic cop and fined if you seemingly cross the speed limit. The laws for a speed violation in Louisiana are both strict and inelastic. In 2019 alone, there was an estimated total of 548 fatal crashes in Louisiana, with 570 total fatalities.

Traffic violation generally comes under the legal purview of a lawyer. Although a Louisiana Speeding Ticket Lawyer can’t help you completely get rid of your speeding ticket but he can help in several other ways. A good lawyer may guide you in evaluating all the aspects of your traffic violation and paying heed to the type of situation you are stuck in. Consequently, a lawyer will help you in carefully analyzing your legal position. 

Is Legal Help Required For A Speeding Ticket?

But, the real question here is, is it necessary to challenge your speeding ticket by hiring a lawyer? The answer to this remains very subjective. Hiring Louisiana Speeding Ticket Lawyers can have its share of pros and cons. But it is also essential to understand which cases you need a lawyer for, or whether you even require legal aid or not. If you do, make sure you hire a good and experienced lawyer. Because yet again, your defense entirely depends on the kind of a lawyer you have hired.  For instance, a good lawyer may be able to strongly evaluate and argue all the legal defenses for your case.

Points To Remember Before Contesting Your Speeding Ticket In Court 

Before you contest your traffic violation ticket, there are several things you have to be mindful of. Since it’s impossible to cluster these umpteen precautions in one go, we have carefully listed a few pointers/things you need to do/remember before you contest your speeding ticket in Louisiana.

1. A Dilemma To Sort Out

As mentioned at the beginning of this article, Traffic violation laws in Louisiana are rather stringent and absolute. Therefore, such a condition makes it difficult for one to fight their speeding tickets. However, you will be faced with a dilemma before you think of contesting a speeding ticket. This dilemma is whether you pay the fine or contest; a threat of shoddy record awaits. The moment you pay the fine cited in your speeding ticket, it might be considered an admission of guilt. On the other hand, if you don’t pay the penalties, the Court may either order the department of Vehicles to dismiss your driver’s license or issue a warrant for your arrest.

Thus, the best option remains to contest your speeding ticket through the means of an astute Louisiana Speeding Ticket Lawyer.

2. Know The Law You Have Been Accused Of Violating

Since you are contesting your speeding ticket, it wouldn’t hurt to do sound legal research. Whether or not your case is permissible for trial or of a nature to be dismissed, it is better to remain individually prepared. Be sure to research and read about the stature of the law mentioned in your speeding ticket. Selecting the right reputable legal resources from the internet can be very meaningful to you in understanding your traffic violation case. Further, you can visit the State Bar Association in Louisiana to receive a referral for a Louisiana Speeding Ticket Lawyer at a minimal fee.

3. Understand Which Kind Of Traffic Lawyer Can Help, Depending upon Your Situation

After you have done your sound legal research to contest your speeding ticket, make sure that depending on the kind of traffic violation and the severity of the offense, you chose the lawyer best suited for you. As when it comes to a traffic violation, there are two kinds of lawyers who can help. These are:

  • Private Practice Lawyers
  • Public Defenders
  1. Private Practice Lawyers – In a courtroom scenario, Public prosecutors are known to take ruthless advantage of people without representing a legal counsel. They might aim to get your driver’s license suspended. Thus, make sure an experienced Louisiana Speeding Ticket Lawyer represents you. They will make sure to get your charges either dismissed or reduced, at the very least, and help you in avoiding such situations.
  1. Public Defenders – Public Defenders are attorneys appointed by the Court to represent court cases for the people who are impoverished and cannot afford to hire a private practice lawyer. If you fall under such a category, you can visit the Public Defender’s office and submit your financial information like an affidavit depicting all your assets and liabilities to have a state-appointed attorney represent you. It might cost you a little around $500, but that’s still better than being buried in the sky-scraping fees that private practice lawyers charge.

Having A Lawyer Can Help You In Your Peace Of Mind In The Times Of Turmoil

Once you have overcome your predicament of contesting your speeding ticket in Louisiana and knowing what consequences you might bear if you don’t go for this option, it remains the best possible decision to hire a witty lawyer who can not only help you fight your case but can also shrimp facts to favor in your direction. Furthermore, having a suitable lawyer at your side can help you in staying composed and calm, with a positive state of mind. Thus, hiring a noteworthy and prominent Louisiana Speeding Ticket Lawyer can prove a commanding decision you’ve made even if it troubles your pocket a bit!

LouisianaSpeedingTicket is known to be a desirable law firm handling speeding tickets in Louisiana, for many reasons. They are known to provide exceptional legal services to people who have been served with a speeding ticket. In the history of serving the citizens of this state of Louisiana 15 years, their results have always proved to be extraordinary! Their Louisiana speeding ticket lawyers have successfully defended over a thousand clients who faced speeding violation charges in Louisiana. If you’re stuck with a speed ticket charge in Louisiana, then make sure you call them up for queries or visit their website at https://louisianaspeedingticket.com/

Can You Travel with Medical Marijuana?

It now seems almost inevitable that medical marijuana will be legalized throughout the United States in the not-too-distant future. For one thing, in 33 of our 50 states it is already legal to use marijuana for medical purposes (even recreational marijuana is now legal in 10 states). For another, statistics demonstrate that an increasing number of individuals with serious and often fatal diseases respond well to the use of medical marijuana.

In the Meantime

Now that so many states have legalized medical marijuana, it is no longer necessary for individuals suffering from symptoms medical cannabis can help to send relatives to the seedy side of town to “score” some illegal marijuana since in states that have legalized medical marijuana there are now legal dispensaries. Patients also do not have to smoke marijuana in order to reap its benefits since the drug is available in other forms. This is beneficial because [1] smoking is associated with other medical hazards and [2] for some patients, “smoking pot” has negative connotations.

What Is THC?

Tetrahydrocannabinol (THC) is the component of cannabis that results in exhilaration (the sensation of being “high”). In some states, low-THC marijuana is available, meaning that patients can self-medicate without feeling high, spacy, drowsy or disoriented in order to obtain relief. It should be noted, however, that some disease symptoms are aided by the THC in the drug, so marijuana for patients suffering with these symptoms must contain a high percentage of the ingredient. It is essential to know whether you are taking low-THC or high-THC cannabis.

Some Illnesses Marijuana Benefits

Patients with multiple sclerosis, spinal cord injuries, epilepsy, HIV/AIDS, cancer, dementia, glaucoma, arthritis, PTSD, Irritable Bowel Syndrome (IBS) — all have reported, depending on the nature of their illness, less pain, less spasticity, less cramping and diarrhea, less anxiety, fewer seizures, easier mobility — in general a greater sense of well-being and enjoyment of life. Medical marijuana has also proven very effective in calming patients as they go through end-of-life suffering, making their transition much more bearable. 

Traveling with Marijuana

Patients like those with conditions mentioned above do not, unless bedridden, have to stay in one place. They will, for a variety of reasons, be traveling — to the doctor, the store, school, a friend’s house, a restaurant, a movie theatre, or a place of business. They may be driving or riding in a friend or family member’s car, a rideshare vehicle, or any of a number of types of public transportation. In any case, since they are not always at home when they require medical treatment, they have to know the answer to the following question: Can you travel with medical marijuana?

 

The answer has to be Yes because otherwise, medical marijuana would only offer patients symptom relief at the price of virtual imprisonment. If fact, all but the most severely ill of those taking medical marijuana, travel without legal interference. They, like you, just have to be careful.

Beware: Federal Law Still Defines Marijuana as an Illegal Drug

Despite medical evidence to the contrary, federal law continues to classify marijuana as a Schedule 1 drug. Schedule 1 drugs are defined as having “no currently accepted medical use and a high potential for abuse.” It is important to be aware that marijuana remains illegal at the federal level and carries significant penalties. In most circumstances, however, you can avoid coming to the attention of federal authorities. Care must be taken, especially if you are traveling to a state that has not legalized marijuana or are involved in international travel.

Even in states in which medical marijuana is legal, physicians can only recommend its use; they are not permitted to prescribe it, since that would be a violation of federal law. It’s important to understand that you (the patient) although you may live in a state that allows the use of medical marijuana, will be violating federal law when you do so. This is certainly a strange contradiction, but you should be aware that if you end up in a federal courtroom for any reason, your attorney will not be able to offer a medical defense for your use or possession of medical marijuana.

Ways Around the Problem

A great many patients throughout the country (over a million) use medical marijuana on a regular basis. Clearly they have learned how to purchase and use, as well as travel with, an adequate supply, without getting into trouble with the law.

Depending on the laws of your particular state, you may or may not be allowed to possess high-THC cannabis in public places, so if you are medicating with this type of marijuana you have to be extra-careful regarding where you self-administer this medication.

Traveling by Car with Medical Marijuana

Traveling by Car with Medical MarijuanaFirst, remember that you cannot be under the influence of medical marijuana while driving. This means you should wait several hours after a dose to operate a motor vehicle, regardless of its THC content. Second, keep your cannabis enclosed in the trunk or some other inaccessible place so any law enforcement officer who pulls you over for a traffic infraction will not immediately doubt your sobriety. Can You Get in Trouble for Driving While High on Marijuana?

In some states, like Florida, as long as you have legally purchased your medical marijuana from a licensed dispensary, you are permitted to medicate with low-THC in public places. Public places include cars, boats, and public transportation. 

Traveling by Plane with Medical Marijuana

As far as commercial airlines are concerned, planes are under federal jurisdiction so flying with any form of marijuana, medical or not, remains illegal. This makes plane travel very tricky for patients who use medical marijuana. While it is generally understood that TSA agents at airports do not proactively search for drugs, either in suitcases that will be stowed or in carry-on bags, you should still remember that if they find a bag of marijuana they are required to call law enforcement.

Depending on which state an airport is in, you may be permitted to board with the medication or required to dispose of it before boarding. In a state with particularly strict regulations against drug possession, you may actually be arrested and/or have your medication confiscated.

International travel makes you even more vulnerable since some countries have truly Draconian laws relative to possession of marijuana. The takeaway here is it that it is never entirely safe to travel by air with medical marijuana. If you feel you must do so, you should research the laws in the pertinent states and airports and, especially if traveling internationally, consult with a criminal defense attorney well-schooled in this branch of the law.

Some Places to Avoid Medicating with Marijuana

As part of being careful about where you medicate with marijuana, you should leave 1500 feet between yourself and any school, daycare center, correctional institution, park or any place considered a Drug-Free Zone. You don’t want to make a mistake about this rule since if you have the misfortune to be brought to a federal court for any reason, your maximum sentence can then be doubled.

Ways to Be Safe

There are several ways to protect yourself if you are using medical cannabis away from home. You should make absolutely sure that you:

  • Obtain a Patient Registry Card
  • Don’t alter your Patient Registry Card in any way
  • Carry the smallest amount of marijuana possible
  • Make sure to store high-THC medical cannabis out of your reach in your car
  • Research the laws in your state and in any states or countries you travel to
  • Don’t lend you Patient Registry Card to anyone else for any reason

Also, make sure you do not travel with a marijuana plant, smoke marijuana or medicate with high-THC marijuana in public or on public transportation in any state you visit.

Don’t Put Your Medical Marijuana Recommendation in Jeopardy

If you give misleading or fraudulent information about your marijuana usage to the Department of Health, the department may suspend or revoke your registration or your doctor’s. Also, you should know that your doctor has the right to revoke your patient certification for cannabis for any reason, so keep the lines of communication open and comply with any rules stated by your physician.

Your Goal Should Be Your Own Health and Preserving the Health Rights of Others

If you are traveling with medical marijuana, be cautious and wise. Make sure to follow the regulation closely. You certainly don’t want to put your health and comfort at risk; nor do you want to jeopardize the rights of other patients to receive the help they need.

After his graduation from American University’s Washington College of Law, Miami attorney Antonio F. Valiente, Esq. began his legal career at the Miami-Dade Public Defender’s Office. There, he gained valuable insight and extensive experience over the course of six+ years. Between his time at the Public Defender’s Office & since founding Valiente Law, he’s tried close to 50 felony jury trials as lead counsel, dozens of misdemeanor jury trials, taken over one thousand depositions, & dozens of juvenile trials/adjudicatory hearings. Mr. Valiente’s experience encompasses everything from minor traffic-related misdemeanors to serious first-degree murder charges. Since 2015, Mr. Valiente has expanded his practice to handle all types of family law matters – from divorce and child custody cases to paternity and same-sex adoptions. Having the opportunity to work with & learn from some of the best and most experienced family law attorneys in the State, Mr. Valiente now provides his family law clients with the same excellent representation he is known for providing his client’s accused of state & federal criminal offenses.

Been in an Uber Accident? Here’s what you need to know

Whether we know it or not, whether we like it or not, the collaborative consumption that makes up the sharing economy is here to stay. Now you can rent a spare room in your house to weary travelers, rent one of several shared bikes at terminals throughout large cities, or make a little extra cash driving people to and from their destinations. However, this new economic sector raises a whole new set of legal questions about responsibility and liability. That’s why it shouldn’t come as a surprise you can’t seem to turn the corner without seeing an ad for an “Uber Accident Attorney” So, what do you do as a passenger when your rideshare driver finds themselves in a crash? Read more

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Top Driving Under Suspension Penalties in Ohio

Many drivers in Central Ohio are allowed to drive their own vehicles even though their license is under suspension. Judges are allowed to reinstate limited personal driving privileges so people can legally transport themselves to and from work, school, health care appointments, and court appearances. No limited driving privileges are granted for commercial vehicles, however. Read more

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