WHEN CAN A COMMERCIAL DRIVER’S LICENSE (CDL) IN LOUISIANA BE SUSPENDED? Driving While Intoxicated (DWI) and Commercial Driver’s Licenses (CDLs) This blog post will discuss the the circumstances under which a Commercial Driver’s License (CDL) in Louisiana can be suspended for DWI related offenses. La. R.S. 32:414.2 contains different suspension periods for commercial licensees for different offenses, ranging from 60 days to a lifetime suspension or disqualification. A person may not drive a commercial motor vehicle in Louisiana if he is disqualified for any reason. Generally, Louisiana drivers can lose their CDL licenses either on a temporary or permanent basis. The [...]
A protective order is a court-certified document prohibiting the person named in the order from getting within a certain distance of the person who requested that the order be issued. Protective orders, also known as restraining or stay away orders, are mostly used in cases involving domestic abuse, stalking, and sexual assault. If the protective order is violated, the likely consequence is an arrest and a criminal charge. Although obtaining and enforcing a protective order may sound like a rather simple process, the truth is that it involves a number of legal and emotional intricacies. There are three types of protective [...]
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 [...]