Once it's happened to you, it's hard to imagine anything worse than being arrested and put in prison. Surely there are worse things, but while you are waiting in jail to have your bond set, if you are getting a bond, it's hard to pin down just what those terrible things are. And jail, it's just the beginning usually. Most often, there will be an arraignment, status hearings, motions and, if the evidence and/or situation calls for it, a trial. With the benefit of my experience and training, I help people through these tough times from start to finish.
I started my legal career out in 1987 as an Assistant District Attorney in Orleans Parish. I prosecuted pretty much everything that people are capable of doing.
Since leaving the Orleans Parish District Attorney's Office, I have maintained a select criminal practice. I represent people in federal court in both Baton Rouge and New Orleans (Eastern and Middle Districts of Louisiana), I also represent those accused of crimes in the various Louisiana District Courts and city courts.
This website focuses on DWI issues, but, if your situation goes beyond that, I am available to discuss it with you.
Take a look around our website. There's quite a bit of helpful information. And, of course, if you would like to schedule a meeting to discuss your circumstances, call my office at 225-757-0159. When you get to the switchboard, press 205 to go directly to my extension. There's a bit of a long pause there. Hang on, you will be transferred. If it's an emergency, you are welcome to try me on my cell. That number is 225-266-7542.
A quick note to those that take mistaken comfort that they didn't blow -
In order to convict a defendant of driving while intoxicated, the prosecution must prove that the defendant was operating a vehicle and that he was under the influence of alcohol or drugs. LSA-R.S. 14:98. In State v. Hightower, 238 La. 876, 116 So.2d 699, 703 (1959), the court stated that "a person is intoxicated within the provisions of the statute when he does not have the normal use of his physical and mental faculties by reason of the use of alcoholic beverages (or narcotics), thus rendering such person incapable of operating an automobile in a manner in which an ordinarily prudent and cautious man in full possession of his faculties, using reasonable care, would operate a motor vehicle under like conditions."
It has been widely recognized that intoxication, with its attendant behavioral manifestations, is an observable condition about which a witness may testify. State v. Allen, 440 So.2d 1330, 1334 (La. 1983). Some behavioral manifestations, independent of any scientific tests, are sufficient to support a charge of driving while intoxicated. State v. Pitre, 532 So.2d 424, 428 (La. App. 1st Cir. 1988), writ denied, 538 So.2d 590 (La. 1989). Behavioral manifestations, sufficient to support a charge of DWI, in the absence of a scientific test, are determined on a case-by-case basis. State v. Anderson, 2000-1737 (La. App. 1st Cir. 3/28/01), 784 So.2d 666, 676, writ denied, 2001-1558 (La. 4/19/02), 813 So.2d 421. An officer's subjective opinion that a subject failed a field sobriety test may constitute sufficient evidence of intoxication to support a DWI conviction. State v. Graves, 95-0578 (La. App. 1st Cir. 5/10/96), 675 So.2d 1141, 1145-46.
In short, you can be convicted even when you didn't "blow." Of course, the smartest thing to do is don't drive if you have been drinking. Call a friend. Call a cab. It's much cheaper than calling a bondsmen and a lawyer, not to mention that you are probably not cut out for prison. All that aside, you are probably reading this after the fact. If you need a lawyer, call Claitor!
I started my legal career out in 1987 as an Assistant District Attorney in Orleans Parish. I prosecuted pretty much everything that people are capable of doing.
Since leaving the Orleans Parish District Attorney's Office, I have maintained a select criminal practice. I represent people in federal court in both Baton Rouge and New Orleans (Eastern and Middle Districts of Louisiana), I also represent those accused of crimes in the various Louisiana District Courts and city courts.
This website focuses on DWI issues, but, if your situation goes beyond that, I am available to discuss it with you.
Take a look around our website. There's quite a bit of helpful information. And, of course, if you would like to schedule a meeting to discuss your circumstances, call my office at 225-757-0159. When you get to the switchboard, press 205 to go directly to my extension. There's a bit of a long pause there. Hang on, you will be transferred. If it's an emergency, you are welcome to try me on my cell. That number is 225-266-7542.
A quick note to those that take mistaken comfort that they didn't blow -
In order to convict a defendant of driving while intoxicated, the prosecution must prove that the defendant was operating a vehicle and that he was under the influence of alcohol or drugs. LSA-R.S. 14:98. In State v. Hightower, 238 La. 876, 116 So.2d 699, 703 (1959), the court stated that "a person is intoxicated within the provisions of the statute when he does not have the normal use of his physical and mental faculties by reason of the use of alcoholic beverages (or narcotics), thus rendering such person incapable of operating an automobile in a manner in which an ordinarily prudent and cautious man in full possession of his faculties, using reasonable care, would operate a motor vehicle under like conditions."
It has been widely recognized that intoxication, with its attendant behavioral manifestations, is an observable condition about which a witness may testify. State v. Allen, 440 So.2d 1330, 1334 (La. 1983). Some behavioral manifestations, independent of any scientific tests, are sufficient to support a charge of driving while intoxicated. State v. Pitre, 532 So.2d 424, 428 (La. App. 1st Cir. 1988), writ denied, 538 So.2d 590 (La. 1989). Behavioral manifestations, sufficient to support a charge of DWI, in the absence of a scientific test, are determined on a case-by-case basis. State v. Anderson, 2000-1737 (La. App. 1st Cir. 3/28/01), 784 So.2d 666, 676, writ denied, 2001-1558 (La. 4/19/02), 813 So.2d 421. An officer's subjective opinion that a subject failed a field sobriety test may constitute sufficient evidence of intoxication to support a DWI conviction. State v. Graves, 95-0578 (La. App. 1st Cir. 5/10/96), 675 So.2d 1141, 1145-46.
In short, you can be convicted even when you didn't "blow." Of course, the smartest thing to do is don't drive if you have been drinking. Call a friend. Call a cab. It's much cheaper than calling a bondsmen and a lawyer, not to mention that you are probably not cut out for prison. All that aside, you are probably reading this after the fact. If you need a lawyer, call Claitor!
Dan Claitor
Lawyer
Cell 225 266 7542
Office: 225-757-0159 Ext 205
Arrested? Do you need help?
Call Claitor!
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
Lawyer
Cell 225 266 7542
Office: 225-757-0159 Ext 205
Arrested? Do you need help?
Call Claitor!
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
Representing good folks in trouble with the law.
