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Rs 32:411 Deposit Of License In Lieu Of Security Upon Arrest; Receipt; Licensee To Have License Or Receipt In Immediate Possession; Notification To Vehicle Owner; Surrender Of License; Issuance Of Temporary Permits

§411. Deposit of license in lieu of security upon arrest; receipt; licensee to have license or

receipt in immediate possession; notification to vehicle owner; surrender of license;

issuance of temporary permits

A. Except as is otherwise specifically provided in this Section, the deposit of a

driver's license in connection with the issuance of a citation alleging the commission of a

traffic offense is prohibited.

B.(1) An arresting officer may retain the driver's license of an operator of a motor

vehicle when that operator has been issued a citation alleging that the operator was:

(a) Operating the motor vehicle under the influence of alcohol or controlled

substances.

(b) Exceeding the speed limit by twenty-five miles per hour or more.

(c) Exceeding the speed limit in a school zone.

(d) Driving with a suspended license.

(e) Drag racing.

(f) Cited for failure to maintain compulsory security.

(2) An arresting officer may retain the driver's license of an operator when the

operator was involved in an accident in which a person was injured, or when an operator:

(a) Is alleged to have committed the same offense twice within a period of one hour.

(b) Is alleged by the investigating law enforcement officer to have a medical

condition which could result in suspension or revocation of his driver's license under the

provisions of R.S. 32:414(E), provided that the arresting officer first consults with his

superior officer as to his specific observations and such superior officer concurs with the

issuing officer's belief.

(3) In each instance listed in this Subsection, the provisions of Subsections C through

H of this Section shall apply.

C. Whenever any person lawfully possessed of a driver's license issued to him by

either:

(1) The Department of Public Safety and Corrections; or

(2) The appropriate agency of another state if such person resides in this state and

either:

(a) Is on active duty with the armed forces of the United States or is a dependent of

any person described in this Subparagraph; or

(b) Is enrolled in a Louisiana college or university is arrested and charged with a

violation of the Louisiana Highway Regulatory Act or any municipal or parish ordinance

regulating traffic in any municipality or in any parish he shall have the option of depositing

his driver's license with the arresting officer in lieu of bail.

(3) The arresting officer shall immediately forward any license so deposited to the

sheriff, district attorney, or city court clerk of the parish in which the charge is filed, except

in the parish of Orleans, where the license shall be forwarded to the clerk of the traffic court.

Additionally, any person described in Paragraph (2) of this Subsection must also furnish

satisfactory proof of his residency in this state by either providing the arresting officer with

a copy of orders assigning him, or the person whose dependent he is, to an area inside

Louisiana or with a valid student identification card issued by a Louisiana college or

university.

(4) This Subsection does not apply when the arresting officer has probable cause to

believe that the person charged has committed an offense as defined in Title 14 of the

Louisiana Revised Statutes of 1950. The arresting officer shall take these persons forthwith

before the nearest or most accessible magistrate having jurisdiction.

D. Whenever any person as described in Subsection C of this Section deposits his

driver's license as provided in said Subsection, the arresting officer shall issue said person

a receipt for said license upon a form approved or provided by the Department of Public

Safety and Corrections, and thereafter said person shall be permitted to operate a motor

vehicle upon the public highways of this state during the pendency of the case in which the

license was deposited.

E. The district attorney, sheriff, or clerk of a court accepting the license as provided

in Subsection C of this Section, shall forward as soon as practicable to the Department of

Public Safety and Corrections, the license of a driver deposited in lieu of bail if the driver

fails to appear in answer to the charge filed against him. The department shall not return,

reissue, or renew the license until authorized to do so by the forwarding court.

F.(1) The licensee shall have his license, or a digitized driver's license as provided

in this Section, in his immediate possession at all times when driving a motor vehicle and

shall display it upon demand of any officer or agent of the department or any police officer

of the state, parish, or municipality, except that where the licensee has previously deposited

his license as provided in Subsection C of this Section, and has received a receipt, as

provided in Subsection D of this Section, the licensee shall display the receipt upon demand

of any officer or agent of the department or any police officer of the state, parish, or

municipality, the same to serve as a substitute for the license until the license is returned to

the licensee. However, when an officer or agent of the department or any police officer of

the state, or any parish or municipality has reasonable grounds to believe a person has

committed an offense of driving without a valid driver's license in his possession, the police

officer shall make every practical attempt based on identifying information provided by the

person to confirm that the person has been issued a valid driver's license. If the police officer

determines that the person has been issued a valid driver's license that is not under

revocation, suspension, or cancellation, but that the license is not in his possession, the peace

officer shall issue a written summons to the offender in accordance with law, commanding

him to appear and answer the charge.

(2) The provisions of this Subsection shall in no way limit the peace officer from

issuing a citation for operating a motor vehicle without physical possession of a valid driver's

license.

(3)(a) For the purposes of this Subsection, a digitized driver's license shall mean a

data file available on any mobile device which has connectivity to the internet through an

application that allows the mobile device to download the data file from the department or

an authorized representative of the department, contains all of the data elements visible on

the face and back of the license, and also displays the current status of the license. For the

purposes of this Subparagraph, "current status" shall include but is not limited to valid,

expired, cancelled, suspended, disqualified, hardship, or interlock hardship status.

(b) A digital copy, photograph, or image of a driver's license which is not

downloaded through the application on a mobile device shall not be a valid digitized driver's

license as provided by this Section.

(c) A person shall not be issued a citation for driving a motor vehicle without a

physical driver's license in his possession if he presents a digitized driver's license to a law

enforcement officer in connection with a traffic stop or checkpoint in Louisiana. However,

in connection with requests for identification not associated with traffic stops or checkpoints

in Louisiana, a person may be required to produce a physical driver's license to a law

enforcement officer, a representative of a state or federal department or agency, or a private

entity when so requested and be subject to all the applicable laws and consequences for

failure to produce such license.

(d) The department shall promulgate such rules as are necessary to implement a

digitized driver's license. No digitized driver's license shall be valid until the department

has adopted such rules.

(e) The display of a digitized driver's license shall not serve as consent or

authorization for a law enforcement officer, or any other person, to search, view, or access

any other data or application on the mobile device. If a person presents their mobile device

to a law enforcement officer for purposes of displaying their digitized driver's license, the

law enforcement officer shall promptly return the mobile device to the person once he has

had an opportunity to verify the identity and license status of the person.

(f) The fee to install the application to display a digitized driver's license as defined

in Subparagraph (a) of this Paragraph shall not exceed six dollars.

G. When a person is arrested or issued a summons for a violation of R.S. 14:98 or

98.1, the arresting officer shall determine whether the person is the owner of the vehicle

used. If the person is not the owner, the arresting officer, his agency of employment, or the

Department of Public Safety and Corrections shall take all reasonable measures to identify

and locate the registered owner and notify him of the arrest or summons. Such notification

may be oral or written. A record shall be kept of whether or not such notification was given.

H.(1) When a fine is levied against a person convicted of any offense as described

in Subsection C and the defendant is granted an extension of time to pay the fine, the judge

of the court having jurisdiction may order the driver's license to be surrendered to the sheriff

or official of the court collecting fines for a period of time not to exceed one hundred eighty

days. If, after expiration of one hundred eighty days, the defendant has not paid the fine, the

sheriff or official of the court designated to collect fines shall forward the license to the

Department of Public Safety and Corrections.

(2) Upon receipt of a surrendered driver's license, the sheriff or court official

responsible for collection of such fines shall issue a temporary permit for a period not to

exceed one hundred eighty days or for a period of time set forth by the judge having

jurisdiction. The Department of Public Safety and Corrections shall devise such temporary

permits and provide for a procedure for distributing such permits, all by the promulgation of

rules and regulations according to the Administrative Procedure Act. After final

promulgation of such rules and regulations, or after six months from August 15, 1995,

whichever occurs first, the temporary permits shall be distributed to the courts or other

agencies responsible for the collection of the fines and court costs for such violations.

(3) The department shall not return, reissue, or renew a driver's license in its

possession pursuant to this Section until payment of the fine and any additional

administrative cost, fee, or penalty required by the judge having the jurisdiction and any other

cost, fee, or penalty required by the department.

Amended by Acts 1958, No. 512, §1; Acts 1960, No. 591, §1; Acts 1966, No. 64, §1;

Acts 1970, No. 490, §1; Acts 1972, No. 59, §1; Acts 1975, No. 497, §1; Acts 1976, No. 185,

§1; Acts 1976, No. 520, §1; Acts 1979, No. 699, §1; Acts 1982, No. 294, §1; Acts 1987, No.

586, §1, eff. July 15, 1987 and Jan. 1, 1988; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts

1993, No. 600, §1; Acts 1995, No. 1036, §1; Acts 1997, No. 807, §1; Acts 1997, No. 1288,

§1; Acts 1997, No. 1296, §3, eff. July 15, 1997; Acts 2016, No. 625, §1.

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Local Government
Louisiana
3
1
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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
license
driver
arrest
issue
permit
vehicle
arresting
louisiana
fine
valid