In Louisiana, an arrest for driving under the influence of drugs or alcohol (“DWI”) is defined by law as an “OWI” for operating while intoxicated. The expanded definition under our law extends to the physical control of motor vehicles, watercraft and other means of conveyance. For your purposes, the terms DWI and OWI are synonymous Read more
Most drug arrests are the result of a vehicle traffic stop. Unsuspecting travelers often find their journey interrupted after allegedly committing a minor traffic violation. Based on response of the driver and observations of the officer, travelers often find themselves roadside trying to explain their actions and justify their travel plans. Read more
Money and Asset Forfeitures
Litigation & Local Counsel
We serve as local counsel for many of our out of state clients who wish to have their personal attorneys involved in their legal affairs. With our vast courtroom experience and knowledge of area judicial systems, we are also well-equipped to assist our clients and other law firms in handling of matters involving complex civil and commercial litigation. Read more
Boating and Watercraft Arrests
Louisiana’s driving while under the influence statute covers not only cars but boats and watercrafts, such as jet skis, water scooters, and jet boats. The Louisiana Department of Wildlife and Fisheries have agents trained in alcohol detection and testing as part of an initiative to enforce and promote boating safety. The same standards for impairment while operating a car apply with watercraft. Arrests which occur while operating watercraft invoke the same period of driver’s license suspension and criminal penalties at those which occur in the operation of an automobile. If you are arrested while operating a watercraft, do not delay in seeking competent legal representation immediately.
Traffic Arrests and Suspensions
As considerable portion of our practice is geared toward the representation of individuals charged with violations of state statutes and local ordinances governing the operation of motor vehicles, including those utilized in the trucking industry. While most offenses do not carry jail time as a penalty upon conviction, adverse employment and insurance consequences are common place making the correct handling of these matters critically important. Driving under suspension does carry a jail sentence under Louisiana law and a plea conviction will result in an additional period of suspension for at least one year. We will work diligently to obtain satisfactory alternatives with our clients charged with traffic and suspension offenses.
Records Cleansing and Expungements
“But that was expunged …” Expunge. To destroy; blot out; obliterate; erase; efface designedly; strike out wholly. The act of physically destroying information – including criminal records – in files, computers, or other depositories. Black’s Law Dictionary, Fifth Edition.
Effective August 1, 2014, Code of Criminal Procedure articles 971 through 986 outline the procedure for having certain criminal records expunged in Louisiana. Previously, that process was found at Revised Statute 44:9. That statute had been amended and changed so many times, it had become convoluted and ambiguous. Unfortunately, the new and improved version is not much better.
In Louisiana, records of certain arrests and convictions may be expunged or removed from public access. A major change in the law is that there is no longer any provision for destruction of the record, it simply remains “confidential.” It remains available to law enforcement agencies, criminal justice agencies, prosecutors, judges, certain state agencies, you and your lawyer, or anyone who gets a court order after a contradictory hearing for good cause shown. Certain media outlets “or new gathering organization[s]” may also use your expunged record. Finally,”a private third party entity that publicly disseminates criminal history information” may use, compile and/or disseminate your expunged record unless you send it notice of the order of expungement.