Legal Question in Criminal Law in Louisiana

My wife was charged with disturbing the peace by public intoxication. She was just put on anti-depressants and appeared drunk. She had a nervous breakdown just before this incident. The court is fining her over 300.00. The Louisiana law states that the fine for disturbing the peace may not exceed 100.00 and no more than 90 days in jail, how can the court make up their own laws. This is not a city ordinance, and happened outside of the city limits. I am confused and think this is more personal. Can I enter a lawsuit on these grounds, they are the one's that are breaking the law too. I know that two wrongs do not make a right, and she was not right. But, this isn't legal on the courts part either.

Asked on 8/03/09, 11:49 am

Andrew Casanave Andrew M. Casanave

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Is she charged or convicted. If convicted she should appeal the sentence.

If she is not convicted her medical records should be gathered to present to the court as a defense.

Answered on 8/09/09, 8:55 am

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