Lawyer
Cell 225 266 7542
Office: 225-757-0159 Ext 205
Arrested? Do you need help?
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I have a proven record of more than 30 years of experience in the practice of criminal law. You can be confident with me that you will get a top tier defense and result.
Our hours are weekdays 9-5. Evening and weekend appointments are available.
7520 Perkins Road, Suite 170
Baton Rouge, Louisiana 70808
Links & Recent Cases
Links
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Recent Cases & Legislation
News
Vehicular Homicide and Negligent Homicide have been in the Baton Rouge papers lately.
La. R.S. 14 §32.1. defines Vehicular Homicide to be the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:
(1) The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.
(2) The operator's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.
(3) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.
(4) The operator is under the influence of alcoholic beverages.
(5)(a) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.
(b) It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer's package of the drug does not contain a warning against combining the medication with alcohol.
(6) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.
(7) The operator's blood has any detectable amount of any controlled dangerous substance listed in Schedule I, II, III, or IV as set forth in R.S. 40:964, or a metabolite of such controlled dangerous substance, that has not been medically ordered or prescribed for the individual.
B. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years.
On the other hand, Negligent Homicide is defined in La. R. S. 14§32. as either of the following: (1) The killing of a human being by criminal negligence; or, (2) The killing of a human being by a dog or other animal when the owner is reckless and criminally negligent in confining or restraining the dog or other animal. The penalties in negligent homicide contemplate blood alcohol concentration, but no "level" is necessary for the more severe sentence. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.2013 Session of the Louisiana Legislature
Act 388 did several things, but the primary impact on the Louisiana DWI law are:
The minimum mandatory sentence provided for in R.S. 14:98(D)(1) and (E)(1), which shall otherwise be imposed without benefit of probation, parole, or suspension of sentence, may be suspended if the offender is prosecuted in a drug division probation program.
The time to request an administrative hearing has been increased from 15 days to 30 days.
There shall be a rebuttable presumption that any inconsistencies in evidence submitted by the department and admitted at the hearing shall be strictly construed in favor of the person regarding the revocation, suspension, or denial of license.
Here's the link to Act 388.
Cases
Missouri v. McNeely - U.S. Supreme Court - argued January 9, 2013.
QUESTION PRESENTED:
Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.
A federal appeals court in Washington has upheld the dismissal of a challenge over the government's classification of marijuana as a top-tier dangerous drug. Click here for more information.
Forms
Click here to be taken to the Baton Rouge City Court's website for expungment forms.
Click here to be taken to the Baton Rouge City Court's website for Article 894 Guidelines and the 894 Affidavit.
