Statute of limitations for traffic violation question?
2016-07-26 8:12 pm
I was arrested for a D.W.I, careless operation, and leaving a (single vehicle) accident (truck was in ditch) while inside my room in my home 2 hours after said incident took place. Well, I never recieved a paer ticket to sign for the 2 traffic violations I was arrested for nor was I issued a temporary license until the DMV has heard my case on whether or not the state (Louisiana) have enough evidence for a conviction. The only record of the incident is where I was booked into the jail for the charges. Do they have to actually write a physical ticket with a court date on it? If their is a statute of limitations to issue a ticket, how long is it?
回答 (3)
2016-07-26 8:17 pm
You were arrested. The SoL ended then. Now what you need to be concerned with now is Louisiana's speedy trial law.
Here's your answer to that question.
(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Failure to institute prosecution as provided in Subparagraph (1) shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown.
Here's your answer to that question.
(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Failure to institute prosecution as provided in Subparagraph (1) shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown.
2016-07-26 11:42 pm
They do not have to write a ticket, no. The SOL is how long they have to charge you. They already did that, so it no longer applies. If it did, ti would be several years.
2016-07-26 11:24 pm
Louisiana law if different form the rest of the country.
You tend to be guilty until you prove you are innocent there.
You had better contact the courthouse and see what record they have on the situation.
Otherwise you may find out first when you are pulled over for a traffic violation and arrested for failing to appear.
Do not ignore this.
You tend to be guilty until you prove you are innocent there.
You had better contact the courthouse and see what record they have on the situation.
Otherwise you may find out first when you are pulled over for a traffic violation and arrested for failing to appear.
Do not ignore this.
收錄日期: 2021-04-21 19:24:21
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