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Rs 32:57 Penalties; Alternatives To Citation

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial

Report to the Legislature, dated March 14, 2016.

§57. Penalties; alternatives to citation

A. The first violation of the provisions of this Chapter or any regulation of the

department, secretary, and commissioner made pursuant thereto shall be punished by a fine

of not more than one hundred seventy-five dollars or by imprisonment for not more than

thirty days, or both, unless otherwise specifically provided. A subsequent violation shall be

punished by a fine of not more than five hundred dollars or by imprisonment for not more

than ninety days, or both.

B. If the violator is other than an individual, there shall be no imprisonment but a

double fine imposed.

C.(1) Each governing authority on whose behalf citations are issued for alleged

violations of the provisions of this Chapter shall establish a procedure by which alleged

offenders may promise, in writing, to appear in court to answer the charge or charges. The

written promise to appear shall be accepted in lieu of posting bond or depositing a driver's

license.

(2) Each city, parish, and district court for traffic offenses within their respective

jurisdictions may also establish a procedure by court rule by which certain traffic offenses,

as determined by the court, constitute one-time-appearance violations. Alleged offenders

who are charged with a one-time-appearance violation and who have not paid the fine prior

to the date and time for appearance as indicated on the citation shall be presumed to plead

not guilty. The alleged offender shall then, at the date and time indicated on the citation,

appear in court, be arraigned and proceed to trial. If the trial is not held on the date indicated

on the citation and no continuance has been granted, then the charges against the alleged

offender may be dismissed.

D. Each governing authority on whose behalf citations are issued for alleged

violations of the provisions of this Chapter shall establish a procedure by which alleged

offenders may plead guilty or nolo contendere to the alleged offense and pay the fine by mail.

However, if the offender fails to pay the fine by mail in advance of adjudication and fails to

appear at the time and date indicated on the citation, the court may impose an additional

penalty in an amount not to exceed the amount of the fine for the original violation unless

the fine was paid by certified mail and the postmark indicates that the payment was mailed

on or before the date indicated on the citation. In addition, each governing authority shall

establish a procedure allowing for payment of the fine by credit card as it may designate.

However, the procedure shall not limit such payments to payment by credit card.

E. The provisions of Subsections C and D of this Section shall not apply to citations

alleging that the operator of the motor vehicle was:

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

substances.

(2) Exceeding the speed limit by fifteen miles per hour or more.

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

(4) Driving with a suspended license.

(5) Drag racing.

(6) Cited for failure to maintain compulsory security.

F. The provisions of Subsections C and D of this Section shall not apply when the

operator was involved in an accident in which a person was injured, nor shall those

provisions apply when an operator is alleged to have committed the same offense twice

within a period of one hour.

G.(1) Notwithstanding any provision of law to the contrary, any person who is found

guilty, pleads guilty, or pleads nolo contendere to any motor vehicle offense when the

citation was issued for a violation on the Huey P. Long Bridge or the Lake Pontchartrain

Causeway Bridge or approaches to and from such bridges by police employed by the Greater

New Orleans Expressway Commission shall pay an additional cost of five dollars.

(2) All proceeds generated by this additional cost shall be deposited into the state

treasury.

H. If a person operating a motor vehicle exceeds the speed limit on the portion of a

highway which is under active construction and construction workers are on site, or which

is in the process of being repaired and construction workers are on site, the fine shall be

twice the standard fine imposed.

Acts 1962, No. 310, §1. Amended by Acts 1977, No. 113, §1, eff. June 22, 1977;

Acts 1983, No. 583, §1; Acts 1995, No. 1036, §1; Acts 1997, No. 775, §1; Acts 1997, No.

1011, §2; Acts 1997, No. 1145, §1; Acts 2003, No. 1032, §1; Acts 2008, No. 168, §1; Acts

2012, No. 834, §5, eff. July 1, 2012.

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Local Government
Louisiana
3
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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
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