Posts Tagged ‘DWI DUI’
Jefferson Parish DWI DUI Attorney
March 21, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI Attorney New Orleans
Metairie DWI Attorney, Kenner DWI Attorney, Gretna DWI Attorney, Marrero DWI Attorney, Westwego DWI Attorney, Harvey DWI Attorney, Grande Isle DWI Attorney, Harahan DWI Attorney, Jean Lafitte DWI Attorney
Contact Elizabeth B. Carpenter, Esq. a New Orleans based DWI Attorney. We have handled many DWI in Jefferson Parish!
Attorney Elizabeth B Carpenter
Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed.
St. Charles Parish DWI DUI Attorney / Traffic Ticket Attorney
March 16, 2012
Louisiana DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — Attorney New Orleans
The best way to handle a traffic ticket in St. Charles Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf. Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean. Traffic tickets impact your insurance premiums for many years.
Ama DWI Attorney, Bayou Gauche DWI Attorney, Boutte DWI Attorney, Des Allemands DWI Attorney, Destrehan DWI Attorney, Ormond DWI Attorney, Hahnville DWI Attorney, Killona DWI Attorney, Luling DWI Attorney, Montz DWI Attorney, New Sarpy DWI Attorney, Norco DWI Attorney, Paradis DWI Attorney, St. Rose DWI Attorney, Taft DWI Attorney
Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney. We have handled many DWI in St. Charles Parish!
Attorney Elizabeth B Carpenter
Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes, these errors form enough evidence to have the entire case dismissed.
St. Tammany Parish DUI DWI Defense
March 16, 2012
St. Tammany Parish DWI DUI Lawyer
Elizabeth B. Carpenter, Esq. — Attorney Orleans and St. Tammany Parishes
Covington DWI Attorney, Mandeville DWI Attorney, Slidell DWI Attorney, Abita Springs, DWI Attorney, Madisonville DWI Attorney, Pearl River DWI Attorney, Folsom DWI Attorney, Sun DWI Attorney, Eden Isle DWI Attorney, Lacombe DWI Attorney
Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney. We have handled many DWI in St. Tammany Parish!
Attorney Elizabeth B Carpenter
Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed.
St. Tammany Traffic Ticket Fines
A processing fee of 2.5% is required on all payments made in the form of credit cards, debit cards or checks
Speeding
Speeding 1-10 MPH over limit 189.50
Speeding 11-20 MPH over limit 209.50
Speeding 21-30 MPH over limit 234.50
Speeding 31-40MPH over limit COURT
Speeding 41MPH and move over limit COURT
Speeding in School Zone
Speeding in School Zone 5-10 MPH Over Limit COURT
Speeding in School Zone 10-15 MPH Over Limit COURT
Speeding in School Zone 15+ MPH Over Limit COURT
Seatbelt and Failure to Restrain
Failure to Wear Seatbelt 25.00
Failure to Restrain Child – 1st Offense 204.50
Failure to Restrain Child – 2nd Offense 254.50
Failure to Change Registration 204.50 209.61
Equipment and Parking Violations
Handicapped Parking Zone Violation – 1st Offense 449.50
Handicapped Parking Zone Violation – Subsequent Offense 674.50
Inspection Sticker Expired or None 179.50
Improper Equipment 204.50
Improper Parking 204.50
Insecure Load – No Damage 254.50
Insecure Load – Property Damage 329.50
Off Road Vehicle on Public Highway 254.50
Overload or Spilling Contents 254.50
Parking in Fire Zone – 1st Offense 329.50
Parking in Fire Zone – 2nd Offense 654.50
Switched Plates 254.50
Vehicle License Expired 204.50
Vehicle License None 204.50
Moving Violations
Crossing Median 204.50
Drag Racing 329.50
Driving Through Safety Zone 329.50
Driving on Unopened Highway 204.50
Driving on Wrong Side of Highway 304.50
Excessive Acceleration 204.50 209.61
Failure to Dim Headlights 204.50 209.61
Failure to Maintain Control 204.50 209.61
Failure to Yield Right of Way 204.50
Failure to Report Accident 204.50
Following Authorized Emergency Vehicle – 1st Offense 329.50
Drivers License Not on Person 169.50
Following Authorized Emergency Vehicle – 2nd Offense 654.50
Following Too Close 254.50 260.86
Hit and Run COURT Driving Under Suspension COURT
Impeding Traffic 204.50
Improper Left Turn, No Accident 204.50
Improper Passing or Backing 204.50
Leaving Scene of an Accident COURT
Negligent Injury COURT
Passing stopped School Bus COURT
Reckless Operation (ROMV) COURT
Running Stop Sign 204.50
Running Red Light 254.50
Running or Disobeying Railroad Signal – 1st Offense 329.50
Simple Obstruction COURT
License and Insurance Violations
No Permit/Registration/Eye Goggles 179.50
Driving w/o Glasses or Restriction 204.50
No Drivers License 204.50
No Insurance Papers in Vehicle 184.50
False Information on Liability Insurance 329.50
Allowing Unlicensed Minor to Drive 204.50
Driving Under Revocation COURT
Expired Drivers License 194.50
St. John Parish DWI Defense / Traffic Ticket Attorney
March 15, 2012
Elizabeth B. Carpenter, Esq. — Criminal Attorney St. John the Baptist
The best way to handle a traffic ticket in St. John Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf. Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean. Traffic tickets impact your insurance premiums for many years.
Edgard DWI Attorney, Garyville DWI Attorney, LaPlace DWI Attorney , Reserve DWI Attorney, Wallace DWI Attorney
Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney (504) 599-5955. We have handled many DWI in St. John the Baptist Parish! Offering free consultations ($200.00 value) to new clients who mention this Blog.
Attorney Elizabeth B Carpenter
Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed.
Schedule of Fines St. John Parish
TRAFFIC FINES |
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Causeway Bridge Jumper Booked With DWI For 8th Time
March 12, 2012
Louisiana DWI Attorney
By: Elizabeth B. Carpenter, Esq. — New Orleans DWI Attorney
If you have been arrested for a DWI in New Orleans or Jefferson, Plaquemines, St. John, St. Tammany, St. Charles Parish, St. Bernard, St. Charles, St. James, or Assumption parishes, contact Elizabeth B. Carpenter, Esq. to schedule a consultation with a New Orleans DWI Attorney. Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed.
Causeway Bridge Jumper Booked With DWI For 8th Time
By: Claire Galofaro, The Times-Picayune
After he was plucked from the 60-degree water of Lake Pontchartrain on Sunday afternoon, a 44-year-old Folsom-area man who had leapt off the Causeway bridge during a traffic stop was booked into the St. Tammany Parish jail, marking his eighth arrest on drunken driving charges.
Thomas Robert HarterThomas Robert Harter was booked with DWI, resisting arrest, careless driving and as a fugitive from Jefferson Parish on outstanding warrants for a hit-and-run and reckless driving.
A Causeway Police officer stopped Harter around 5:40 p.m. Sunday at crossover No. 4, about halfway across the bridge, after another motorist reported him swerving and speeding. He had been driving northbound.
He immediately got out of the car waving his hands in the air without having been asked to do so, said Causeway General Manager Carlton Dufrechou. The officer asked for his vehicle registration; Harter got back into his car and exited again, holding a pile of paper scraps and a stack of CDs. He was swaying and smelled of alcohol, Dufrechou said, and was wearing a green St. Patrick’s Day necklace.
The officer asked him to perform field sobriety tests and Harter agreed. He began the first test, Dufrechou said, but then “bolted” toward the northern edge of the crossover. One officer managed to grab him, but couldn’t hold on.
Harter — wearing jeans, boots and a camouflage T-shirt — dropped 20 feet into the lake and out of sight. The water was rough, with winds between 15 and 20 mph, Dufrechou said.
The southbound lanes were closed for about a half hour as rescuers from St. Tammany Parishlooked for him.
“We were concerned that the current would just take him away,” Dufrechou said.
But Harter got lucky, Dufrechou said. He managed to grab onto a utility building at the base of the bridge. “Had he not caught that, his next stop would have been Manchac,” Dufrechou said.
Rescue workers operating a camera spotted him clinging to the piling, tossed him a life ring and hauled him back up to the bridge around 6:15 p.m. The bridge reopened five minutes later.
Harter’s arrests for alleged driving while intoxicated date back to June 1992, when he was arrested in Pennsylvania. He was picked up twice in 1999, once in June and a second time in September, both in St. Tammany Parish and booked with DWI, according to Sheriff’s Office records. He was not convicted of either charge in St. Tammany, according to court records.
In December 2001 and again in August 2007, he was arrested in Jefferson Parish and in New Orleans in 2002. The dispositions of those arrests were not immediately available.
When he was stopped by a Louisiana State Police trooper in March 2009, he was originally booked with sixth-offense driving while intoxicated, but the St. Tammany Parish District Attorney pursued a charge of first-offense driving while intoxicated. He pleaded guilty and was sentenced to two years of probation.
Convictions for DWI stack up for just 10 years. He was booked Sunday with third-offense driving while intoxicated and is being held without bond on the fugitive warrants and on a $15,000 bond on the alleged driving violations.
Even in jail, Dufrechou noted, “he’s a lot better off than being crabmeat.”
Louisiana Code of Criminal Procedure
March 5, 2012
Louisiana Criminal Defense Attorney
If you are facing criminal allegations in the State of Louisiana, it is imperative that you have a skilled, hard working lawyer on your side. Even the smallest offenses, can have grave consequences. Contact Elizabeth B. Carpenter, Esq to schedule a consultation. Let’s start working on your case today!
Posted in Criminal Procedure, Criminal Statutes | 
Tags: Assumption Parish, Attorney New Orleans, Best White Collar Defense, Computer Crimes, Covington, Criminal Defense Attorney New Orleans, Criminal Defense New Orleans, Defense Attorney New Orleans, drug crimes, Drug Distribution, Drug Distribution Attorney New Orleans, DRUG POSSESSION, DWI DUI, DWI DUI Attorney New Orleans, economic crimes, Felony, Jefferson Parish, LaPlace, Mandeville, Marijuana, Marijuana Legalization, Metairie, Misdemeanor, One of the best Criminal Defense Attorneys in New Orleans, One of the best Dwi Dui Attorneys in New Orleans, Orleans Parish, Plaquemines Parish, Probation, Sex Crimes, Sex Crimes Defense Attorney New Orleans, Sex Offenses New Orleans, Slidell, St. Bernard Parish, St. Charles Parish, St. John Parish, St. John the Baptist Parish, St. Tammany Parish, violent crime, Weapons Charges, white collar crime | 
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Using a Fake ID to Purchase Alcohol or Enter a Bar — Louisiana
November 21, 2011
New Orleans DWI Attorney
Elizabeth B. Carpenter, Esq. – Louisiana DWI Defense
Misrepresentation Of Age To Obtain Alcoholic Beverages Or Gain Entry To Licensed Premises Prohibited — La R.S. 14:333
It is unlawful for any person under the age of twenty-one years to present or offer to any person having a license or permit to sell alcoholic beverages or to his agent or employee, any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of obtaining or purchasing alcoholic beverages or attempting to enter the licensed premises.
Whoever violates the provisions of this Section shall be punishable by one or more of the following:
(1) A fine of not more than two hundred dollars.
(2) An appropriate amount of community service not to exceed thirty hours.
(3) Suspension of the violator’s driver’s license for ninety days.
Ignition Interlock Device Offenses — New Orleans DWI Attorney
November 21, 2011
New Orleans DWI Defense
Elizabeth B. Carpenter, Esq. — Louisiana DWI Lawyer
Ignition Interlock Device Offenses — 14:334
No person who, as a condition of probation, is prohibited from operating a motor vehicle unless it is equipped with an ignition Interlock Device shall:
(1) Operate, lease, or borrow a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device.
(2) Request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
No person shall blow into an ignition interlock device or start a motor vehicle equipped with
the device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle without an ignition interlock device.
No person shall intentionally attempt to tamper with, defeat, or circumvent the operation of an ignition interlock device.
Any person convicted of a violation of this Section may be punished by imprisonment for not more than 6 months or fine $500, or both.
If you have been arrested for a DWI, contact the Elizabeth B. Carpenter — New Orleans Premiere DWI Defense. We have the knowledge and experience that you need for a good defense.
Posted in Crimes Defined, Louisiana DWI DUI, Probation | Tags: Best DWI Attorney, DWI DUI, Interlock Device, New Orleans Criminal Defense | No Comments »
What to do after a DWI arrest in Louisiana — DWI Attorney Blog
November 12, 2011
NEW ORLEANS DWI ATTORNEY
What to do after a DWI arrest in Louisiana
By: Attorney Elizabeth B. Carpenter — New Orleans DWI Lawyer
If you have been arrested for a DWI in New Orleans or Jefferson, Plaquemines, St. John, St. Tammany, St. Charles Parish, Assumption, St. Bernard, St. James or Tangipahoa Parishes contact the Law Office of Elizabeth B. Carpenter, Esq. to schedule a consultation with a New Orleans DWI Attorney. Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed.
1. Remember That Drunk Driving Is A Criminal Offense
Some people believe that a drunk driving arrest is not really any different than a traffic citation. That is simply not the case. Most traffic offenses are civil infractions, which carry no significant penalty other than a fine and a possible driver’s license suspension. A conviction for a drunk driving offense will result in a criminal record, and can potentially result in significant fines and a jail sentence or term of probation. A DWI conviction remains on your driving record for a minimum of 10 years — this will result in higher insurance premiums.
2. Remember That You Have Constitutional Rights
One of the fundamental rights of somebody being questioned by the police is the right to remain silent.
If the police believe you may be a drunk or impaired driver, they will ask you whether you have been drinking. Many people choose to answer this question, some with starting honesty. If in fact you have been drinking, it is best not to admit it. First, depending upon how much alcohol you claim to have consumed, your admission alone may constitute “probable cause” to arrest you and give you a breathalyzer test. Second, some jurisdictions allow you to be charged with an impaired driving offense even if your blood alcohol content is below the legal limit.
Never consent to a search of your vehicle, even if you believe that you are in possession of nothing incriminating.
3. Remember That You Face Separate Driver’s License Sanctions
Along with a criminal charge for a drunk driving offense come Department of Motor Vehicle penalties. Your driver’s license will be taken from you at the time of your arrest, and you will be issued a paper license. You will have 15 days from the date of your arrest to challenge the suspension of your driver’s license, if you do not do so you may be subject to driver’s license sanctions even if you are ultimately acquitted of the drunk driving offense.
4. Consult An Attorney
The best way to know your rights, and to make sure they are protected, is to consult with a lawyer who practices drunk driving defense law. An attorney whose practice focuses on DWI Defense will best know how to challenge any breath, blood, or chemical tests, how to dispute the validity of the original traffic stop, and how to best protect your license. They are also likely to know what the judge who is handling your case is likely to do if you plead guilty, or if you are convicted after a trial.
It is even more important to consult a lawyer if you have a prior impaired driving conviction, as Louisiana imposes much more serious penalties on repeat offenders than on first time drunk drivers.
Here is another more informative Blog Post on Louisiana DWI Penalties.
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Louisiana Statutes Relating to Bicycling
November 10, 2011
Louisiana Statutes Relating to Bicycling — New Orleans Criminal Defense and Traffic Ticket Blog
RS 32:106 Methods of Giving Hand and Arm Signals
All signals herein required to be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
Left Turn
Hand and arm extended horizontally with the had open and the back of the hand to the rear
Right Turn
Hand and arm extended upward at the angle of forty-five degrees from shoulder or elbow, with the hand open and back of the hand to the rear
Stop or Decrease Speed
Start hand and arm extended downward at an angle of forty-five degrees from shoulder or elbow, with the hand open and the back of the hand to the rear
RS 32:193 Operation of Bicycles; General Provision
The regulations applicable to bicyclists shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles.
RS 32:194 Traffic Laws Apply to Persons Riding Bicycles
Every person riding a bicycle upon a highway of this state shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle.
RS 32:195 Riding on Bicycles
A person propelling a bicycle shall not ride other than upon or astride a permanent or regular seat attached thereto.
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
A person operating a bicycle shall at all times keep at least one hand upon the handle bars thereof.
RS 32:196 Clinging to Vehicles
No person riding upon any bicycle shall attach himself or the bicycle to any vehicle upon a highway.
RS 32:197 Riding on Roadways and Bicycle Paths
A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following circumstances:
(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(2) When preparing for a left turn at an intersection or into a private road or driveway.
(3) When reasonably necessary to avoid fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lane or any other conditions that make it unsafe to continue along the right-hand curb or edge of the roadway. For purposes of this Paragraph, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
(4) When approaching a place where a right turn is authorized.
B. Persons riding bicycles upon a roadway, which includes an improved shoulder, may ride upon the improved shoulder.
C. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
D. Persons riding bicycles shall be allowed to operate on the shoulder of a roadway.
E. Any person operating a bicycle upon a roadway or a highway, where there are two or more marked traffic lanes and traffic travels in only one direction, may ride as near the left-hand curb or shoulder of that roadway as practicable when preparing for a left turn.
RS 32:199 Bicycle Helmets; Restraining Seats
With regard to any bicycle used on a public roadway, public bicycle path, or other public right-of-way, no parent, guardian, or person with legal responsibility for the safety and welfare of a child shall knowingly allow any of the following:
Such child under the age of twelve to operate or ride as a passenger on a bicycle without wearing an approved helmet of good fit fastened securely upon the head with the straps of the helmet.
Such child who weighs less than forty pounds or is less than forty inches in height to be a passenger on a bicycle without being properly seated in and adequately secured to a restraining seat.
Notice shall be provided in accordance with the following provisions:
A person regularly engaged in the business of selling or renting bicycles shall post a sign stating the following: “Louisiana law requires a bicycle operator or passenger under the age of twelve years to wear a bicycle helmet when riding a bicycle. Louisiana law also requires a passenger who weighs less than forty pounds or is less than forty inches in height to be properly seated in and adequately secured to a restraining seat.”
The sign must be at least twenty-four inches in length and twelve inches in width. The lettering on the sign must be at least one inch in height. The sign must be posted conspicuously so that it is clearly visible to all persons buying or renting bicycles.
The issuance of a citation for a violation of this Section shall not be prima facie evidence of negligence. The comparative negligence statutes of Louisiana shall apply in these cases as in all other cases of negligence.
The Louisiana Highway Safety Commission shall provide funds to the Louisiana Safe Kids Coalition to be used for the purchase of bicycle helmets. These helmets shall be distributed by the Louisiana Safe Kids Coalition to indigent persons in furtherance of the provisions of this Section.
The provisions of R.S. 32:57 shall not apply to a violation of this Section. No civil penalties or court costs shall be assessed for any violation of this Section.
RS 32:203 Motor Vehicles Operating in Bicycle Lanes
A. No person shall operate a motor vehicle in a bicycle lane except as follows:
(1) To prepare for a turn within a distance of two hundred feet from the intersection.
(2) To enter or leave the roadway onto an alley, private road, or driveway.
(3) To enter or leave a parking space when parking is permitted adjacent to the bicycle lane.
B. Any person operating a motor vehicle upon a bicycle lane in accordance with Subsection A of this Section shall yield the right-of-way to all bicycles and electric mobility aids within the bicycle lane.
C. This Section shall not prohibit the use of a motorized bicycle in a bicycle lane when the operator travels at no speed greater than what is reasonable or prudent, has due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane and in a manner which does not endanger the safety of bicyclists.
D. In case of an emergency, the driver of a motor vehicle may lawfully operate the vehicle in a bicycle lane in accordance with the normal standards of prudent conduct to protect himself and others from harm. When the emergency ends, the motor vehicle shall not be operated in the bicycle lane.
RS 32:329 Bicycles; Front Lamps; Side and Rear Reflectors; Rear Lamps
A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear and a reflector on each side facing outward at a right angle to the bicycle frame, all of a type approved by the department which shall be visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.
B. Every bicycle when in use at nighttime on a state highway, parish road, or city street, in addition to the requirements of Subsection A of this Section, shall be equipped with a lamp emitting a red flashing light or a red light on the rear of the bicycle, which has sufficient candle power so that such lamp projects light from all distances within one hundred feet to six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle.
C. No person shall sell or offer for sale any bicycle unless such bicycle is equipped with at least one red reflector on the rear and one reflector on each side as required by this Section.
D. After December 31, 2010, no person shall operate any bicycle at nighttime on a state highway, parish road, or city street, unless such bicycle is equipped with at least one lamp emitting a red flashing light or a red light on the rear as required by Subsection B of this Section.
E. Any person who violates Subsection B of this Section subsequent to December 31, 2010, shall be given a warning ticket only.
F. This Section shall not apply to bicycles while engaged in sanctioned competition races.
G. The provisions of Subsection B of this Section shall not apply to any child under the age of ten years old, who may operate a bicycle.
Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
RS 32:76.1 Limitations on Passing Bicycles
A. This Section shall be known as the Colin Goodier Protection Act.
B. The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.
C. The Department of Public Safety and Corrections, office of motor vehicles, is directed to include a summary of this Section in any instructional publication for drivers.
D. The Department of Transportation and Development is directed to place signs in areas frequently used by bicyclists in an effort to make motorists aware of the need to share the road with bicyclists.
E. The Louisiana Highway Safety Commission is directed to engage in a public awareness campaign to notify motorists and bicyclists of the provisions of this Section.
F. Any person who violates this Section shall be fined not more than two hundred fifty dollars.
Contact
If you have received a traffic citation in New Orleans, contact an experienced New Orleans Traffic Defense Attorney.
New Orleans Criminal Defense Attorney — Elizabeth B. Carpenter
Posted in Criminal Statutes, Traffic Tickets | Tags: Bicycling Laws, DWI DUI, New Orleans Traffic Ticket Lawyer | No Comments »
