Statewide Update: Five Months After Act 194 Louisiana Still Has No OWI Misdemeanor Jury Trial Protocols
Louisiana’s criminal justice system is facing a major procedural shift and, so far, no one seems prepared for it. On June 8, 2025, Governor Jeff Landry signed Act No. 194, a bill originally marketed as a way to “increase penalties” for misdemeanor Operating While Intoxicated (OWI) offenses. But by raising the maximum fines for first […]
Best Attorney in Lafayette for 2025
We are proud to announce that Sallinger/Melancon Defense Attorneys has been officially recognized as the BEST of 2025 Lafayette Award Winner in the Attorney category. This distinction is not based on paid nominations or self-submitted applications. Instead, it is awarded through verified Google Review data, independently analyzed and certified by BusinessRate. The award reflects authentic […]
Bones Regards Spock, The Ultimate OWI Practitioner
It has been said that practicing OWI defense law at its highest level is akin to playing three-dimensional chess. There are nuances and complications in the many and disparate processes at work that seemingly defy reason, logic and rationality. Most practitioners consider representation a linear transaction based on simple, straight-forward moves on a flat surface. […]
Greatest Myth of the Self-Anointed Legal Dilettante
If you are a public figure in Acadiana, you receive special treatment in the legal system. False. I cannot speak for concert passes, stadium seating, or invitations for recreational activity, but when it comes to arrests for criminal activity, particularly those involving drinking and driving, the absolute worst-case scenario is to be a person deemed […]
Trust Your Lawyer, No One Else (unless he tells you to)
Those arrested for drinking and driving seek solace and advice from the most unlikely sources. The advice is ample and free. It is usually wrong. What happens after an arrest for drinking and driving is complicated stuff. Just because your cousin’s girlfriend’s ex-husband told you that he heard what generally happens, doesn’t mean that it […]
No Refusal and Forced Blood Extraction
Certain parishes institute a “no refusal” program. Under these programs, an individual who “refuses” to voluntarily submit to a breath test will be served with a search warrant. Once issued, the warrant would allow for a qualified health care professional to extract blood from a person accused of driving under the influence. The blood test […]
Sobriety Checkpoints; What Are They?
Depending on one’s individual perspective, sobriety checkpoints are either considered a part of a comprehensive strategy for the interdiction of possible impaired drivers or an excuse to intrude into the constitutional rights of law-abiding citizens. Until 1990, the entire process was generally considered unconstitutional. In the landmark decision of Michigan v. Sitz, the United States […]
Sober OWI …. yes, it’s a thing.
In Louisiana, a person can be convicted of OWI, even if there is no impairing substance present in the body. Strange but true. The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when… the operator is under the influence of any […]
*EXPUNGEMENT UPDATE*
To best serve our clients as they navigate the ongoing impact of the COVID-19 pandemic, we will be providing frequent updates on state and local orders that may impact your case. At this time, all motions for expungement pending in Lafayette City Court are on hold retroactive to March 15, 2020. Once Governor Edwards lifts […]
*IMPORTANT INFORMATION ON LEGAL DEADLINES*
Legal deadlines in criminal, civil, and administrative (driver’s license) matters are suspended until at least April 13, 2020. What does this mean? For our civil and criminal clients, this means that deadlines for filing lawsuits, discovery, motion filing and other court ordered deadlines are suspended until April 13, 2020. What about my driver’s license? If […]