Legal Question in Traffic Law in Louisiana

Minor accident

I was involved in an accident and given fail to yeid ticket. I wanted to plead guilty and pay. I was given a court date instead, to prove ins and restitution. Now my 14 yr old has been subpoenaed to testify in the state against me case. I don't know why. Does he have to go (testify against me) and should I consult a lawyer?


Asked on 4/25/08, 12:55 pm

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Re: Minor accident

While the chances of the Judge holding your son or you in contempt for failing to bring him to court are slim, you are both legally bound to honor the subpoena. No attorney could ethically advise you to break the law by ignoring the subpoena.

You probably should hire an attorney. Any decent attorney familiar with traffic court could probably get your ticket dismissed and keep your son off the witness stand.

If you insist on moving forward without an attorney, you should at the least make absolutely certain you have the requested proof with you when you show up.

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Answered on 4/25/08, 1:12 pm
Andrew Casanave Andrew M. Casanave

Re: Minor accident

The judge might have originally been trying to do you a favor. If you plead guilty to the ticket, that "admission of fault" can be used against you in the civil case (if someone sues you for damages).

If you contact a lawyer, even if you can't make the charge go away, at the very least you might be able to plead "no contest" (also referred to as "nolo contendere"). You would be choosing to not fight the ticket without the admission of guilt/fault.

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Answered on 4/25/08, 4:12 pm


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