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New Orleans Criminal Defense
And Personal Injury Lawyer

Frequently Asked

Questions

Traffic Ticket FAQs

Traffic Ticket FAQs

I Am Guilty. Why Shouldn't I Just Pay The Ticket?

You should never pay a ticket without consulting with a lawyer at Crescent City Law, L.L.C. first. When you simply pay the fine associated with the ticket online in has the effect of pleading guilty to a traffic offense and, as a result of your guilty plea, the ticket will be reported negatively to your insurance and your driving record.

I Am Guilty. Why Shouldn't I Just Take Defensive Driving (The Driver Safety Course)?

Louisiana does not permit defendants to take a defensive driving course in order to avoid the negative consequences associated with a traffic ticket. If you take a defensive driving class, it does not guarantee the ticket will be dismissed or reduced by the prosecution.

I Am Guilty. How Can You Get Me Off?

At Crescent City Law, L.L.C., we’ve fought 1000s of tickets and that experience has helped us learn the mistakes police make when they write tickets. While police look at you as just another speeder, we consider you a client and our friend. We fight to get our friend’s tickets dismissed or reduced to save you money, time, and keep your insurance low.

There Is A Warrant For My Arrest. Can You Help Me?

Yes and without turning yourself into jail. When a warrant is issued for your arrest, the law usually only requires you or someone on your behalf to appear before the court to answer for the warrant. When you hire Crescent City Law, we appear before the court for you and ask the judge to recall the warrant for your arrest.

Is It Necessary That We Meet?

In most cases, it is not necessary to meet to discuss your case in person, but we like to engage in a conversation with you about your case by e-mail, text, telephone, or in person so we can develop a mutual relationship of trust and confidence. Our office is conveniently located near the corner of Tulane & Broad Avenues in New Orleans. If you are unable to come to our office, we can make appointments to meet outside of the office when necessary.

Once A Decision Is Reached, Will I Be Able To Make The Payment Online Through The Cities Website Or Do You Facilitate The Payment?

Yes, tickets can be paid online using the city’s website, traffic.nola.gov. A minimum payment of $50.00/month is due.

Is There Anything Additional I Need To Do Or Expect Moving Forward?

If there is anything else we need from you, one of our staff will reach out to you with specific questions about your case.

What Time Frame Can I Anticipate And How Will My Reinstatement Letter Be Issued, Via Certified Mail, Standard, Or Electronically?

The current policy in New Orleans is for reinstatement letter to be issued after the ticket is paid. Some judges will issue the reinstatement letter sooner by request, but that is not a guarantee. Generally, a reinstatement letter costs an additional $25.00.

When My Reinstatement Does Finalize, Does This Mean That Louisiana Would Reissue My Drivers License Or Would They Just Remove The Suspension So That I Can Proceed With Getting My License In The State I Live Now?

Every state is different so I can only advise you based on my experience with Louisiana law. When you receive the reinstatement letter, you are supposed to submit it to the Louisiana DMV and pay any reinstatement fees due to the DMV. The DMV will remove the hold from your license for that matter and if you have a Louisiana driver’s license, they could reinstate your license/allow you to get a new license. If you have a license in another state, then you will probably need Louisiana’s DMV to fax/mail/email you something showing your license has cleared which you can then bring to your home-state’s DMV. While this is all supposed to be done electronically through the Interstate Driving Compact, I would not rely on any DMV (and especially multiple DMVs) to do this process correctly.

Why Should I Hire Crescent City Law Firm Instead Of Representing Myself For A Ticket?

There are several reasons why you should hire a lawyer to represent you

  • Hiring us will save you time: An average traffic ticket will require you to make at least 2 to 3 court appearances and will take about 2.5 hours to fight from start to finish. Can you afford to take that much time off of work or away from your other responsibilities?
  • We work with the prosecutors 5 days a week: We’ve built a strong relationship with the district attorneys and city attorney who make the decisions about whether to give you a break on your ticket. Sometimes we are able to get the tickets dismissed or reduced simply by asking, but that’s not a guarantee.
  • We know the law: If we can’t get negotiate a resolution of the ticket, we routinely file motions to quash to win on a technicality or take traffic tickets to trial to test the sufficiency of the evidence.
  • We will save you money: Did you know that an average citationwill cost you between $150-$600.00 in court costs, fines, and fees, and if you are convicted of a moving violation, your insurance company can raise your rates for 7 years? We did. We do everything we can to keep tickets off your driving record.
  • We save most of our clients about $175.00 in court costs, fines, and fees.

I Am A Teenager. Can You Help Me And Keep My Parents Out Of It?

Yes and No. When you consult an attorney everything we discuss is privileged and confidential. We are not permitted to discuss your case with anyone other than you except with your permission However, your parents may learn about the ticket in other ways which are not part of our attorney-client relationship. For example, if you pay us with a credit card that your parents have access to.

I Have A Ticket In A Remote County Or Out Of State. Can You Help Me?

The attorneys at Crescent City Law, L.L.C. are only licensed in Louisiana. We cannot provide legal assistance for cases outside of Louisiana. If you have a ticket in another state, we suggest you contact an attorney licensed in that state.

Do I Need To Appear In Court?

In Louisiana, it is possible to waive someone’s appearance at all phases of a misdemeanor and traffic case except for sentencing after a trial which results in a conviction.

Is There A Money Back Guarantee?

No. Our attorneys agree to use their best efforts in representing clients in their matters. However, client acknowledges that attorney cannot give and has not given any assurances regarding the outcome of this matter. There are no guarantees.

Do I Only Pay If The Ticket Is Dismissed?

No, our attorneys’ fees are charged before we begin to do work on the case and earned while we work on the case. If your ticket is not dismissed, you are still responsible to pay the agreed upon attorney fee for our work.

I Missed My Hearing Date, Can Anything Be Done?

Yes, our attorneys can go to court even after your court date to get your a court date, ask for the contempt of court fine to be waived, the warrant for your arrest recalled, and to continue to fight your case.

Something Is Incorrect Or Misspelled On My Ticket. Does That Increase The Chances Of My Ticket Being Dismissed?

While this is possible in other states, Louisiana law does not usually require a ticket to be dismissed when a name is misspelled or address incorrectly written. Louisiana law actually allows the prosecutor to fix the mistakes and re-file the ticket, if necessary.

Will Mistakes On My Ticket Automatically Dismiss My Ticket?

No. Louisiana law actually allows the prosecutor to fix the mistakes and re-file the ticket, if necessary.

What Is A Criminal Traffic Charge?

A criminal traffic charge is a violation that has the possible penalty of jail time. Some examples of criminal traffic charges are Driving While Intoxicated (DWI), Reckless Driving, Hit & Run Driving, or, in rare cases, excessive speeding. In Louisiana, most traffic tickets are legally considered misdemeanors, but jail time is not permitted as a penalty for the commission of most traffic tickets.

What Is A Civil Traffic Infraction?

A civil traffic infraction is a traffic violation which does not have the possibility of jail time as part of the penalty. For example, failing to wear your seat belt has only a fine of $70.00.

What Happens If I Ignore The Ticket?

The longer you ignore a ticket, the more serious the consequences become. If you receive a ticket and do not appear in court or hire a lawyer to represent you in court, then the court will usually issue a contempt of court fine for failure to appear. If you continue to ignore the ticket and the court, the court is likely to issue a warrant for your arrest for failure to appear. If you are not arrested and continue to ignore the ticket, the court will file a “301 letter” with the Louisiana Office of Motor Vehicles (OMV/DMV), which will ask for your driving privileges to be suspended. If you license remains suspended at the time you seek to renew your insurance, your insurance may not issue you a policy. If your insurance lapses, the Office of Motor Vehicles will issue a civil fine and prohibit you from renewing your license plate. In the worst of the worst cases, ignoring a ticket can cost you THOUSANDS of dollars in court costs, fines, fees, and legal fees.

If I Prove My Speedometer Was Defective, Can I Win My Case?

Probably not. A defective speedometer is a factual defense at a trial. At the trial, the police officer would likely testify the reason they pulled you over is because you were speeding. You could take the stand and explain to the judge your speedometer was broken and did not know how fast you were going. It is likely the court would convict you of speeding based upon the officer’s testimony and some kind of an equipment violation because of your testimonial admission to a broken speedometer.

Can A Police Officer Issue A Traffic Ticket Outside His Jurisdiction?

Sometimes.

  • A police officer can issue a ticket in a jurisdiction outside his own if the offense took place in his jurisdiction.
    Example: If you speed in New Orleans and drive into Jefferson Parish before the NOPD officer pulls you over, the New Orleans Traffic Ticket would be appropriate.
  • Alternatively, many police officers have been deputized for more than one jurisdiction
    Example: If you speed in Metairie, Louisiana, and are pulled over by a NOPD officer who is deputized in in Jefferson Parish, then the Jefferson Parish ticket would be within the officer’s jurisdiction.

What Types Of Traffic Violations Are Worth Fighting?

All traffic tickets are worth fighting because of the potential negative consequences associated with a conviction or guilty plea.

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