Driving under suspension in Louisiana is a charge that could leave you without a license for another year if you are convicted. Also, the judge could order you to install the ignition interlock device, depending on your circumstances. This is not a charge that you just go pay nor is it one you want to just plead guilty to. The consequences are too severe. We try to keep our clients from having to get convicted of the charge, therefore, saving a one-year suspension of their driver’s license. Since I represent a lot of clients regarding DWI and similar offenses, I am very familiar with driver’s license law and issues. If you have been charged with driving under suspension, feel free to give me a call. I’ll be happy to help.
It means that you already had a charge such as a DUI or too many tickets, or reckless driving that had points against your license and now the DMV suspended your license but you chose to drive anyway. Any person convicted for operating a vehicle while suspended or revoked will also have his or her license suspended or revoked for an additional year. The judge is permitted to allow the motorist to drive during this period with an ignition interlock device.
§415. Operating vehicle while license is suspended; offenses in other states; record of offenses given other states
A. It shall be unlawful for any person to operate a motor vehicle upon any public highway of this state during the period of suspension, revocation or cancellation of any license which may have been issued to him by this state or by any other state.
B.(1) Any period of suspension or revocation shall automatically be extended for a period of one year from the date the licensee would otherwise have been entitled to apply for a new license upon his conviction for any offense involving the operation of a motor vehicle committed during such period. No driver shall use a license issued to him in another state or the privilege of a nonresident to drive a motor vehicle in this state, upon receiving notice of his conviction, or of the entry of a plea of guilty and sentence thereupon, or of the forfeiture of bail in another state of federal jurisdiction for any offense, which if committed in this state, would be grounds for suspension or revocation of the license.
(2) The court may order a licensee who violates the provisions of Subsection A of this Section to have an ignition interlock device installed on any vehicle in which the licensee operates when the license was suspended, revoked, or canceled pursuant to the implied consent law in accordance with the provisions of R.S. 32:661 et seq. or for a violation of any of the following:
(a) R.S. 14:98.
(b) R.S. 14:32.1.
(c) R.S. 14:39.1.
(d) R.S. 14:39.2.
(e) A parish or municipal ordinance that prohibits the operation of a motor vehicle while under the influence of alcohol or drugs.
(3) If the provisions of Paragraph (1) of this Subsection are ordered by a court, the court shall order that the ignition interlock device remain installed for a period of time not less than the remaining period of suspension, revocation, or cancellation.
C.(1) A person with a Class "D" or Class "E" driver's license who violates the provisions of Subsection A of this Section may be fined up to five hundred dollars or imprisoned for not more than six months, or both and may be subject to a civil penalty of up to one thousand two hundred fifty dollars.
(2) A person with a Class "A", "B", or "C" driver's license who violates the provisions of Subsection A of this Section may be fined up to five thousand dollars or imprisoned for not more than six months or both and may be subject to a civil penalty of up to two thousand five hundred dollars.
D.(1) If the court finds that the defendant violated Subsection A at the time of conduct resulting in a conviction for a second or subsequent offense violation of R.S. 14:98, the offender shall be fined not less than three hundred dollars nor more than five hundred dollars and imprisoned for not less than seven days nor more than six months. At least seven days of such imprisonment shall be without benefit of probation, parole, or suspension of sentence and shall be consecutive to any sentence imposed for the violation of R.S. 14:98. In addition the person may be subject to a civil penalty of up to one thousand two hundred fifty dollars.
(2) If the person is operating a Group "A", "B", or "C" vehicle, and the court finds that the defendant violated Subsection A of this Section, at the time of conduct resulting in a conviction for a second or subsequent offense in violation of R.S. 14:98, the offender shall be fined not less than three hundred dollars nor more than five thousand dollars and imprisoned for not less than seven days nor more than six months. At least seven days of such imprisonment shall be without benefit of probation, parole, or suspension of sentence and shall be consecutive to any sentence imposed for the violation of R.S. 14:98. In addition, the person may be subject to a civil fine of up to two thousand five hundred dollars.
Amended by Acts 1954, No. 165, §6; Acts 1968, No. 273, §12; Acts 1968, No. 599, §1; Acts 1974, No. 508, §1; Acts 1982, No. 556, §1; Acts 1984, No. 457, §1, eff. Jan. 1, 1985; Acts 1986, No. 680, §1; Acts 1989, No. 293, §1, eff. June 27, 1989; Acts 1993, No. 382, §1; Acts 2004, No. 905, §1.
NOTE: SEE ACTS 1984, NO. 457, §3.
Mr. Barkemeyer has defended clients charged with driving under suspension for over 14 years. He understands that every driving under suspension charge is different and every client is in a different situation. There are many ways to approach these types of charges. Many times, the client has a clean record and has made an embarrassing mistake. The client could have a job and personal life he needs to protect. We know how to help our clients to protect his record and personal life. Feel free to contact us if you need a criminal defense lawyer for a driving under suspension charge in Louisiana. We have represented clients charged with driving under suspension in many areas of Louisiana including, Baton Rouge.
Contact Baton Rouge driving under suspension Defense Lawyer, Carl Barkemeyer, Criminal Defense Attorney at (225) 964-6720 to discuss legal representation.