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Rs 13:1894.1 Driving While Intoxicated, Prosecutions For Violation Required To Be Filed Under General State Law; City And Municipal Courts, New Orleans Excepted

§1894.1. Driving while intoxicated, prosecutions for violation required to be filed under

general state law; city and municipal courts, New Orleans excepted

A. Notwithstanding any other provision of law to the contrary, including the

provisions of R.S. 13:1871, prosecutions in any city, parish, or municipal court, the city,

municipal and traffic courts of the city of New Orleans excepted, based on or arising out of

the operation of a vehicle by a person while intoxicated may be charged and prosecuted

under the provisions of R.S. 14:98 or under any applicable city, parish, or municipal

ordinance that incorporates the standards, elements, and sentences of the offense of driving

while intoxicated contained in R.S. 14:98. Any conviction for a first or second offense or

the entry of a plea of guilty and sentence based on such plea or the forfeiture of bail of any

person having been charged with a first or second violation of R.S. 14:98 in any such city,

parish, or municipal court shall be punishable in accordance with the provisions of R.S.

14:98(D)(1) or (D)(2), whichever is applicable. Any conviction for a first or second offense

or the entry of a plea of guilty and sentence based on such plea or the forfeiture of bail of any

person having been charged with a first or second violation of the applicable city, parish, or

municipal ordinance in any such city, parish, or municipal court shall be punishable in

accordance with the provisions of the ordinance and shall constitute a conviction under R.S.

14:98 for purposes of determining the number of prior convictions in a proceeding under

R.S. 14:98.

B. For purposes of this Section all city, parish, and municipal courts shall have

concurrent jurisdiction with the district courts over violations otherwise subject to their

jurisdiction provided for by R.S. 14:98, except in those cases wherein the person or

defendant is charged as a third or subsequent offender under the provisions of R.S.

14:98(D)(3) or (D)(4), whichever is applicable. If the charge is for a third or subsequent

offense, the prosecution shall be had only in the district court and the defendant shall have

the right to a trial by jury. However, mayors' courts shall have no jurisdiction whatsoever

over violations as provided for by R.S. 14:98, nor to the trial of offenses against municipal

ordinances relative to prosecutions on charges of driving while intoxicated.

C. Notwithstanding the provisions of R.S. 13:1898 or any other law to the contrary,

all fines, forfeitures, and penalties, exclusive of costs, collected in city, parish, and municipal

courts for violations of R.S. 14:98 shall be paid into the city treasury or as otherwise

provided by law when the prosecution is filed under said Section for a violation occurring

within the territorial limits of the city or municipality; however, in the event a violation of

R.S. 14:98 is charged and such violation occurred within the territorial limits of a

municipality not having a city court, all said fines, forfeitures, and penalties collected by the

district court wherein said prosecution is actually brought shall be distributed and disbursed

by said court to the governing authority of the municipality within whose boundaries said

violation occurred. When such prosecution is brought for a violation occurring outside of the

territorial limits of said city or municipality, then said collections shall be payable to the

governing authority of the parish or as otherwise provided by law; however, in the case of

all such charges filed in a parish court, said funds shall be payable to the parish or as

otherwise provided by law. All such charges filed under the provisions of this Section shall

be on affidavit and such charges shall be filed and prosecuted by the city attorney or the city

prosecutor when said charges are filed because of violations of any city, parish, or municipal

ordinance occurring within the territorial limits of the city or municipality and by the district

attorney or his representative when said charges are filed because of violations of R.S. 14:98

occurring in or outside of such territorial limits of the city or municipality.

Acts 1983, Act No. 77, §1. Acts 1986, No. 594, §1; Acts 1987, No. 303, §1; Acts

2015, No. 444, §1, eff. July 1, 2015.

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Local Government
Louisiana
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6
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
violation
municipal
municipality
prosecution
filed
territorial
limits
charges
violations
occurring