On the surface, it may seem like a speeding ticket, and the citation you received after a car wreck would be the same, but they’re actually quite different.
They are treated differently by the judge and prosecutors, so the strategy for fighting an accident ticket is distinct, too.
That’s why it’s so important to get a dedicated New Orleans traffic attorney who is experienced at fighting accident tickets on your side. Our traffic attorneys at Crescent City Law have been helping New Orleans citizens (and tourists) fight their tickets for years. John Radziewicz, our lead traffic attorney, and our team have a proven track record of successfully challenging and overturning traffic and accident tickets, making him a trusted ally in traffic court.
Read on to learn how these two types of tickets differ and how we can help you fight either one.
How Does Fighting a Speeding Ticket Differ From Fighting a Careless Operation Ticket in New Orleans?
The main difference between fighting a moving violation or traffic ticket and fighting a car accident ticket is the evidence that must be presented to the prosecutor and judge—and the possible consequences of pleading guilty.
Traffic Tickets
When you fight a traffic ticket, you only have the ticket itself to worry about and the repercussions of having the incident on your driving record—hence, why many people choose to fight their traffic ticket in court. Consequences of pleading guilty include:
- Increased insurance rates.
- Accumulation of points on your driving record.
- Potential for license suspension if you accumulate too many points.
- Higher likelihood of being stopped and ticketed in the future.
- Your insurance company will penalize you for the ticket you received for the car wreck.
- The conviction can be used against you in a civil liability lawsuit.
- You could have to pay criminal restitution for damage to the other vehicle or vehicles involved.
- You could have to pay personal injury liability for medical expenses, lost wages, and other damages if the person or people in the other vehicle were injured.
- Your insurance might consider you an unsafe driver, increase your car insurance bill, or cancel your car insurance policy altogether!
The above costs don’t include the cost of the ticket itself. In New Orleans, accident tickets have more than $300 in fines, fees, and court costs.
Accident Tickets
According to Louisiana Revised Statutes Tit. 32, § 398, police are required to respond to the scene of a car accident and write a police report based on their investigation. Unfortunately, in most cases, the responding officers write a ticket to the driver they “feel” was “at fault.” Typically, the police issue a ticket for careless operation of a motor vehicle or failure to maintain control of a vehicle. In some cases, both drivers may receive a ticket! Consequences of pleading guilty include:
- Admission of fault in the accident, which can be used against you in civil lawsuits.
- Significant increase in insurance premiums.
- Points added to your driving record, leading to potential license suspension.
- Possible fines and court costs.
Understanding these consequences highlights the importance of fighting both types of tickets to avoid long-term negative impacts on your driving record and finances.
An experienced New Orleans traffic attorney will work to prevent your insurance company from penalizing you as much as possible and mitigate the “double whammy” of the insurance rate hike and the cost of the ticket. In addition, if you were injured in the accident, you may be able to make a personal injury claim.
Understanding Moving Vehicle Violations in Louisiana
Louisiana does not use a point system. Instead, violations are reported or not reported to your driving record.
If you plead guilty to a speeding ticket, the court reports it to the Louisiana DMV, affecting your record and likely increasing your insurance premiums.
Examples of moving violations in Louisiana that can result in fines, license suspension, and higher insurance rates include:
- DUI (blood alcohol over 0.08%)
- Failure to yield or signal
- Reckless/careless driving
- Disregard of traffic signs
DUI penalties can suspend licenses for up to a year even without a conviction.
How Do You Fight a New Orleans Accident Ticket?
In order to fight your case about an accident ticket, you must provide the following, even if you do not believe you were at fault:
- Proof of insurance
- Insurance company name
- Policy number
- Claim number
- Date of accident
- Adjuster’s name and contact info
- The amount of damages paid
To contest an accident ticket, you must provide the following information, even if you believe you were not at fault:
- Proof of insurance
- Insurance company name
- Policy number
- Claim number
- Date of accident
- Adjuster’s name and contact info
- The amount of damages paid
Steps to Contest a Speeding Ticket in New Orleans
- Request a court hearing within 15 days: You have 15 calendar days to request a hearing. Instructions are on the ticket or available from the court clerk. Act quickly!
- Gather evidence: Collect photos of the area, proof of your speed, the officer’s notes, and witness statements. The more evidence, the better.
- Negotiate with the prosecutor: Work with your attorney to determine if you should try to meet with the prosecuting attorney to explain why the ticket should be dismissed and provide evidence. Over half of tickets are negotiated this way.
In Louisiana, prosecutors also require a restitution letter from your insurance company before they will dismiss or reduce the ticket received from a wreck. Your traffic ticket attorney can help you obtain this letter, which answers one of the following questions:
- Did both drivers report the incident and your insurance company accepted liability for damages?
- Did both drivers report the incident, but your insurance carrier denied liability for the damages because they don’t feel you’re at fault?
- Did the other driver fail to make a claim against your insurance policy, and there is no one to pay damages to, regardless of liability?
The court typically presumes that the person who was issued the ticket is “at fault,” but that presumption can be overcome with evidence. If you have evidence to show you were not at fault in the accident, bring it to your lawyer’s attention so they can introduce it as evidence in defense of your case.
The court typically presumes that the person who received the ticket is the one ‘at fault’, but that presumption can be overcome with evidence. If you have evidence showing you were not at fault in the accident, bring it to your lawyer’s attention so they can introduce it in your defense.
Traffic ticket attorneys like our team at Crescent City Law have the experience to navigate local courts and negotiate with prosecutors, helping to get tickets dismissed or fines reduced.
Contact Crescent City Law To Help Fight Your Traffic or Accident Ticket
Don’t just pay a questionable ticket! Our New Orleans traffic ticket attorneys will contest your speeding or red light camera ticket in Louisiana traffic court.
If you have received a traffic ticket or accident ticket in Orleans, Jefferson, or St. Charles Parish, an experienced New Orleans traffic attorney can walk you through your options, answer your queries, and determine the best strategy for fighting the tickets. Justice could be on your side!
Contact us today at 504-264-9492 for a consultation, or submit your ticket online.
