Legal Question in Traffic Law in Louisiana

Does louisiana have a statute of limitations for traffic tickets? I have a speeding ticket for 15 over and want to know if it will not be prosecuted after a certain period of time. Thanks.


Asked on 6/10/10, 8:24 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Statute of limitation, or prescription as it is called in Louisiana, does not apply once prosecution has been instituted. When you are given a ticket, a court date is set for arraignment, which is the beginning of the prosecution of the case. If you do not appear at arraignment, a bench warrant is issued for your arrest. Once arrested, you will be put in jail and transferred to the parish where the case is pending and you will not be able to bail yourself out until the Judge that issued the bench warrant lets you out (usually a couple of days at least, if not a week or more).

The best thing to do in these situations is to go in (now--before you are arrested) and ask the Court to withdraw the bench warrant and reset the case for trial. You can even still fight the original ticket. You will have to pay a contempt of court fine of about $100, but the Judge will not put you in jail if you or your attorney goes in of your own volition. Don't wait until you get arrested, because you will be sitting in jail for several days in that case.

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Answered on 6/10/10, 11:39 am


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