With domestic violence cases being discussed almost daily on various media outlets, there is hardly anyone who is not at least slightly familiar with the nature and consequences of these kinds of offenses. However, what often goes unsaid is that law enforcement and the judiciary have zero tolerance for domestic violence cases and are reluctant to show any leniency, often imposing the harshest sentences available. Because domestic violence cases usually occur in family settings or between individuals who are emotionally close -- causing a societal and political condemnation -- they may be extremely hard to defend. Furthermore, what makes defending these [...]
1. Why Ronald Gasser was Found Guilty of Manslaughter of former New York Jets Running Back Joe McKnight? In a nutshell, the jury reached a compromise verdict and found that Ronald Gasser committed manslaughter, not second degree murder. This case is very similar to the verdict in the State of Louisiana versus Cordell Hayes regarding the killing of former New Orleans Saints player Will Smith. 2. The Charges The defendant, Ronald Gasser, was charged by grand jury indictment with committing the second degree murder of Joe McKnight. The jury found that Gasser was guilty of manslaughter. 3. The Law In Louisiana, [...]
1. The DPSC DWI Administrative Hearing Process after a Motorist’s Driver’s License is Suspended in Louisiana The Department of Public Safety and Corrections (DPSC) DWI Administrative Hearing Process after a motorist’s driver’s License is suspended in Louisiana law requires the DPSC Office of Motor Vehicles (OMV) to suspend a person’s driver’s license if the person is arrested for suspicion of driving while intoxicated, that is, when the person was driving with a blood alcohol concentration (BAC) of .08% or greater, or when the person refuses a chemical test upon arrest. This DPSC administrative hearing is a separate process from the [...]
When is an DWI/DUI Ignition Interlock (Blow-and-Go) Device Required for DWI Violations in Louisiana?
An ignition interlock device (also referred to as a Blow-and-Go Device) is an in car alcohol breath screening device that is connected to the engine's ignition system to prevent a vehicle from starting if it detects a blood alcohol level above a preset limit. There are many instances where the ignition interlock device is required to be installed on a motorist’s car in Louisiana. It is required as a condition of reinstatement for some motorists in Louisiana. An ignition interlock device must be installed in any motor vehicle operated by any of the following persons whose driver's license has been suspended [...]
Driving While Intoxicated (DWI) and Commercial Driver’s Licenses (CDLs) This blog post will discuss the rights of Commercial Driver’s License (CDL) Holders In Louisiana who are arrested for DWI. When drivers with commercial driver's face suspensions of their driver's licenses because of DWI arrests, they really needs an experienced DWI lawyer to assist them with the administrative hearings and the possible criminal charges that follow the suspensions. 1. What Types of Driver’s Licenses are Available in Louisiana? Louisiana issues five classes of driver's licenses: A. Commercial Driver's License (Class “A” [Combination Vehicle], B. Class “B” [Heavy Straight Vehicle] and C. Class [...]
After a person is arrested and/or convicted of certain crimes, he may wish to have the arrest or conviction expunged. To expunge a criminal record means to remove a record of arrest or conviction, photographs, fingerprints, disposition, or any other information of any kind from public access pursuant to the expungement provisions of the state’s or federal government’s criminal laws. When records are expunged, they are not destroyed. After an expungement, the records of arrest or conviction are confidential and no longer considered a public record. But even if records of arrest and/or conviction are expunged, certain people or entities such [...]