How do I fight a speeding ticket in Louisiana?

Question

Accepted Answer

Louisiana uses Article 894 deferral as its primary diversion mechanism for traffic offenses.

1. Pay vs. Contest

Pay: guilty plea, conviction sent to OMV.

Plead not guilty: bench trial in city, parish, or traffic court. Jury trial available only for misdemeanor speeding charges exposing to jail.

Plea bargain: prosecutors often amend speeding to non-moving violations on first offense.

2. Article 894 Deferred Sentence

La. C.Cr.P. art. 894 — judge may defer sentence on a misdemeanor (including most traffic). Upon successful completion of probation, the conviction is set aside. For traffic, this commonly results in no OMV record event reported, no insurance hit. Limited to first or occasional offenders, court discretion.

3. Speed Limits & Reckless Threshold

La. R.S. 32:61 sets the basic rule and posted limits (70 mph rural interstate, 75 on designated segments).

Reckless operation (La. R.S. 14:99): misdemeanor — up to 90 days jail and/or $200 fine (first); 6 months and/or $500 (subsequent).

Negligent injuring elevates with bodily harm.

4. Driving Record Events / Suspension

Louisiana does NOT use a numerical points system. The OMV tracks 'events' and can suspend at:

4+ moving convictions in 12 months

Combination of moving violations and at-fault accidents

Habitual offender rules apply with 3 major events in 5 years.

5. Defensive Driving Course

A state-approved defensive driving course (Driver Improvement Program) may be ordered by a judge for Article 894 deferral or reduce insurance.

6. Defenses & Discovery

Subpoena officer under La. C.Cr.P. art. 731 and radar/lidar calibration log.

State v. Tassin — radar foundation requires operator training and equipment calibration evidence.

Most parishes follow 30-day calibration policy.

7. CDL Holders

49 CFR § 384.226 — no Article 894 deferral for CMV operators to mask CMV convictions.

This is legal information, not legal advice.