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If you have an upcoming repeat traffic offender hearing, you need to take the matter seriously. You could lose your license, which would interfere with your job and ability to carry out other responsibilities. Our law firm has experience with helping habitual traffic offenders pursue the best possible outcome for their situation. Contact a New Orleans traffic ticket lawyer to learn how we can help you.

What Makes Someone A Habitual Offender?

Louisiana Revised Statute (RS) § 32:1472 defines a habitual traffic offender as anyone who has 10 or more “separate and distinct” moving violation convictions within three years. A moving violation is one that involves the operation of a motor vehicle. For example, a parking ticket in and of itself is not a moving violation.

How does the law define “conviction”?

  • A final conviction
  • A nolo contendere plea
  • “A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court”

A habitual offender can be a resident of Louisiana or a non-resident.

What Are The Penalties For Being A Repeat Offender In Louisiana?

Louisiana has harsh penalties for offenders with multiple traffic convictions. If the courts deem you to be a repeat traffic offender, you could have your driver’s license revoked for three years. This punishment is in addition to any other penalties you face from your moving violation convictions, such as jail time or monetary fines.

If you live in one of the state’s rural parishes, you know that a driver’s license is a necessity. You need a New Orleans traffic ticket lawyer to represent you throughout your habitual traffic offender hearing.

How Can A Traffic Attorney Help?

If the state deems you to be a repeat traffic offender, there is a specific process that must be followed. A traffic attorney can ensure that all applicable laws and your legal rights are upheld throughout this process.

The state can’t simply tell you that you’re now a habitual traffic offender and take your driver’s license away.

You are entitled to a hearing. And, you must be served paperwork that notifies you of your upcoming habitual traffic offender hearing.

  • According to RS § 32:1474, the state has to take action within one year from the date of the last conviction that brought you within the definition of a habitual traffic offender.
  • And according to RS § 32:1475, your hearing must be scheduled for “not less than ten nor more than thirty calendar days from the date of the notice.”

A traffic lawyer can help you if:

The state did not observe the one-year time limit.
Your habitual traffic offender hearing is not scheduled within the legal timeframe.
You did not receive your hearing notification in a legal or timely manner.

You should carefully review the hearing notification for any errors.

The paperwork that you are served is officially called an abstract. Mistakes can and do happen, so you should carefully look over the abstract for accuracy.

  • The abstract should include your name and information.
  • This abstract should also list all of the offenses that deem you a habitual offender.

A repeat offender traffic lawyer can help you if:

You are not the person named in the abstract.
The abstract contains any errors, such as an inaccurate conviction.
You have fewer moving violation convictions than what the law would define as a habitual offender.

First time habitual traffic offenders can petition the court for a restricted driver’s license.

Pursuant to § 32:1477, the penalty for being a habitual traffic offender is a three-year license revocation.

  • However, if this is the first time that you’re a habitual offender, you have the opportunity to petition the court for a restricted license. 
    • You must be able to show that not having a driver’s license will deprive you or your family “of the necessities of life” or will prevent you from working.
    • A restricted license limits when and where you can drive. You must notify the court if your job location or hours change. The court may place other restrictions as it deems “necessary and proper.” 
  • You could lose your restricted license if you violate the terms of your license or have a subsequent conviction that involves the operation of a motor vehicle. 
  • Habitual offenders only have one opportunity to have a restricted license.   

A traffic lawyer can:

Help you petition the court for a restricted driver’s license.
Represent you in court if you are charged with another moving violation.

The best defense against habitual traffic offender status is to avoid it in the first place.

Ideally, you should contact an attorney before you reach habitual traffic offender status. While 10 moving violations in three years sounds like a lot, these offenses can add up quickly. A traffic lawyer can help you fight these convictions. Contact our office today to learn how we can help you with your moving violation offenses or a habitual traffic offender hearing.

Experienced New Orleans Habitual Traffic Offender Attorney

The Law Office of Heather C. Ford will give you peace of mind with your habitual traffic offender hearing. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.

Serving New Orleans and the surrounding area:

  • Get Expert Advice
  • Save Time
  • Reduce Costs
  • Fast & Free Consultation

We are committed to making the legal process as quick and efficient as possible for every client. If you have received a traffic ticket in New Orleans, Contact our office immediately to schedule a consultation.

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Between myself and my family, we keep Heather busy! She is very professional and knowledgeable. I have spent a lot of money and ruined my driving record paying off speeding tickets but when I found Heather, I found that she is the best

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