Using Articles 892 or 894 to Remove Traffic Tickets From Your Record in Louisiana
- How Article 892.1 Works for Louisiana Traffic Tickets
- How Article 894 Works for Traffic, Misdemeanor, and DWI Offenses
- The Real Differences Between 892.1 and 894
- Limitations Worth Knowing Before You Apply
- Why a Traffic Attorney Makes This Process Easier
- Frequently Asked Questions About Articles 892.1 and 894
- Keep Your Driving Record Clean
A traffic ticket conviction in Louisiana stays on your driving record for three years under R.S. 32:393. Your insurance company will see it, and your premiums will go up.
But Louisiana has two laws that may let you keep the ticket off your record entirely: Article 892.1 and Article 894 of the Louisiana Code of Criminal Procedure.
Neither one is automatic. You have to qualify, follow specific steps, and complete every requirement. Miss a deadline or violate a condition, and the ticket goes on your record.
How Article 892.1 Works for Louisiana Traffic Tickets
Article 892.1 was created for first-time traffic offenders who want to keep a minor moving violation off their record. It’s the stricter program, but the requirements are simpler.
Who Qualifies for Article 892.1
- No moving violations currently on your driving record (first-time offender)
- No other dismissals under 892.1 within the past two years
- The offense must be a traffic misdemeanor (not a felony, not a DWI)
- Valid driver’s license from Louisiana or a participating state
What 892.1 Requires You to Do
- Pay the fine and court costs
- Sign and notarize an affidavit confirming compliance with court conditions
- Complete an approved four-hour defensive driving course within 90 days
Finish all of that, and the ticket is dismissed. It does not go on your driving record.
How Article 894 Works for Traffic, Misdemeanor, and DWI Offenses
Article 894 covers a wider range of offenses than 892.1—including traffic tickets, other misdemeanors, and even first-offense DWI. The tradeoff is stricter conditions and a longer commitment.
Who Qualifies for Article 894
- No more than one moving violation within the past three years
- Valid Louisiana or participating state driver’s license
- No other dismissals under Article 894 within the past five years
What 894 Requires You to Do
- Pay the fine and all court costs
- Complete an approved six-hour defensive driving course within six months
- Sign and notarize an affidavit confirming compliance
- Stay clean—no criminal conduct or traffic violations—during a six-month probationary period
For DWI offenses, add a $50 fee payable to the Department of Public Safety and Corrections, Office of Motor Vehicles.
Complete everything successfully, and the court sets aside the conviction and dismisses the prosecution. The effect is the same as an acquittal for your driving record.
The Real Differences Between 892.1 and 894
892.1 is harder to qualify for but easier to complete. You need a spotless driving record, and the only offenses covered are traffic misdemeanors. But the course is four hours and there’s no probationary period.
894 is more forgiving on eligibility—one prior violation is okay—and it covers a wider range of offenses, including DWI. But the course is six hours, you’re on probation for six months, and any new violation during that probation can blow the entire deal.
Limitations Worth Knowing Before You Apply
- Courts apply these differently. Some parishes are generous with dismissals under 892.1 and 894. Others interpret eligibility strictly. How it plays out depends on the court.
- A DWI dismissal under 894 still counts as a prior offense. If you’re arrested for DWI again, the dismissed first offense can be used to enhance your penalties as a repeat offender.
- 894 limits DWI dismissals to once every ten years. The statute says so explicitly.
- Errors on your driving record can disqualify you. The court pulls your record when you apply. If there’s a mistake that makes you look ineligible, you’ll need to fix it with the OMV first.
Why a Traffic Attorney Makes This Process Easier
On paper, both programs look straightforward. In practice, people get tripped up by:
- Missing the deadline for completing the driving course
- Filing the affidavit incorrectly or without proper notarization
- Discovering their driving record has errors that need to be corrected first
- Assuming the dismissal was recorded when it wasn’t—leaving the conviction on their record
A traffic attorney at the Law Office of Heather C. Ford handles the paperwork, appears in court on your behalf, and confirms the dismissal is properly recorded. Learn more about how we handle Louisiana traffic violations.
Frequently Asked Questions About Articles 892.1 and 894
Can I use 892.1 or 894 for a speeding ticket?
Yes. Most standard speeding tickets are traffic misdemeanors and qualify under both programs, as long as you meet the other eligibility requirements.
Will the ticket show on my record while I’m completing the program?
In most cases, the conviction is deferred while you complete the conditions. Once dismissed, it should not appear as a conviction on your driving record.
What if I get another ticket during the 894 probation period?
A new traffic violation or criminal charge during the six-month probation can result in the court reinstating your original conviction. The ticket then goes on your record.
Can my lawyer appear in court for me?
In most Louisiana traffic courts, yes. Your attorney can handle the entire process so you don’t have to take time off work or travel to the courthouse.
Keep Your Driving Record Clean
A traffic ticket doesn’t have to follow you for three years. Articles 892.1 and 894 give you a real path to dismissal—but only if you qualify and follow through correctly.
Contact the Law Office of Heather C. Ford today. We’ll tell you whether you qualify and handle the process from start to finish.
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