Louisiana Revised Statutes 33:1372 – Traffic offenses; written agreement to appear; payment of fine by mail
Terms Used In Louisiana Revised Statutes 33:1372
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. Each governing authority which adopts ordinances defining and punishing traffic violations shall adopt one or more ordinances to establish a procedure by which an alleged offender may promise, in writing, to appear in court to answer the charges. The written promise to appear shall be accepted in lieu of posting bond or depositing a driver’s license.
B. Each governing authority which adopts ordinances defining and punishing traffic violations shall adopt one or more ordinances to establish a procedure by which an alleged offender may plead guilty or nolo contendere to the alleged offense and pay the fine by mail. If the fine is paid by certified mail and the postmark indicates that the payment was mailed on or before the date indicated on the citation, the payment shall be considered to have been made timely and no further penalty or costs or other charges may be assessed.
C. The provisions of this Section shall not apply to citations alleging that the operator of the motor vehicle was:
(1) Operating the motor vehicle under the influence of alcohol or controlled substances.
(2) Exceeding the speed limit by fifteen miles per hour or more.
(3) Exceeding the speed limit in a school zone.
(4) Driving with a suspended license.
(5) Drag racing.
(6) Cited for failure to maintain compulsory security.
D. The provisions of this Section shall not apply when the operator was involved in an accident in which a person was injured, nor shall those provisions apply when an operator is alleged to have committed the same offense twice within a period of one hour.
Acts 1995, No. 1036, §2; Acts 2003, No. 1032, §2.