Charged With a DUI/DWI in Hammond, Louisiana?

Sonja Bradley has been representing clients charged with DWI in Tangipahoa Parish and the surrounding area for over 19 years.  If you or someone you know is accused of a DWI/DUI in Hammond, Louisiana, you need an experienced attorney to fight for you.

Many criminal defense attorneys seek quick plea deals for their clients. This is not how your case should be handled. A good defense attorney will review your file thoroughly and know the applicable law. Good attorneys keep their clients advised of all aspects of the case so the client has the information needed to make an informed decision.

After a review of the facts and law, it is sometimes in the clients best interest to enter plea discussions.  If a plea is not in your best interest, you will have Mrs. Bradley extensive experience and knowledge on your side at trial.  An attorney prepared to take a case to trial is vital in obtaining the best outcome.

Mrs. Bradley understands the clients’ welfare is the goal of effective representation.   She will advise her client on the best course of action, but the ultimate decision is the clients’.

Sometimes, litigation can not be avoided, and the best outcome will be achieved by having an experienced DWI/DUI attorney handling your case.  The goal for Mrs. Bradley is to provide the best representation possible.

DWI/DUI convictions can have a lifelong effect on the well being of a persons’ life, Sonja Bradley understands this and takes all cases seriously.  If you need an attorney that will put your needs first, then you need to call Sonja Bradley today at 225 686 8006.  You can click on the link to read the Louisiana statute that pertains to DWI/DUI charges here. http://legis.la.gov/Legis/Law.aspx?d=78752

The followings are the relevant laws as they pertain to DWI/DUI charges.

In Louisiana, the particular circumstances surrounding your DUI charge will affect your penalty.  For example, enhanced penalties, including jail time, enhanced penalties include aggravating factors such as:
1) Committing an offense with BAC of 0.15 or higher
2) Committing an offense with BAC of 0.20 or higher
3) Committing an offense while a minor 12 years of age or younger was in the vehicle;


A 1st Offense DUI DWI Offense conviction is a misdemeanor crime.  The penalty for a first offense DUI in Louisiana is:
•    You can be fined from $300 to $1,000 fine ($750 to $1,000 if BAC 0.20 or more)
•    You could be sentenced to serve time in jail from 10 days to 6 months
•    You can have your driver’s license suspended for 12 months drivers license suspension (2 years if BAC 0.20 or more)
•    You may be eligible for a restricted hardship driving license immediately, with an ignition interlock will be required for the entire time of applicable suspension period for at least 12 months if convicted with a high BAC of 0.20 or more
•    You could have to perform 32 hours of community service and attend a court-approved substance abuse program
•    The court could also require you to attend an improved driver improvement program
•    You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)


A 2nd Offense DUI DWI Offense conviction is a misdemeanor crime. Penalties in Louisiana for a conviction of a 2nd offense DUI DWI are as follows:
•    Fines range from 750 to $1,000
•    You could receive a sentence of incarceration from 30 days to 6 months in jail
•    Your drivers’ license suspended for 24 months (4 years if BAC 0.20 or more)
•    You could be restricted to a hardship driving license available after 45 days, and an ignition interlock will be required for the entire time of applicable suspension period
•    You may have to complete 240 hours of community service
•    You may have to attend a court-approved substance abuse program
•    The court could require you attend an approved driver improvement program
•    (IID) ignition interlock restriction upon drivers license reinstatement
•    You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)

A 3rd conviction for a DUI DWI Offense is a felony. The penalties in Louisiana for a conviction for a 3rd offense DUI DWI are as follows:
•    You may have to pay a fine of $2000
•    You could be sentenced to incarceration from 1 to 5 years.
•    Your driver’s license will be suspended for 36 months
•    If you enroll in a DWI or sobriety program and you are in good standing, you will be eligible to apply for a restricted drivers license (hardship license) after the passage of 45 days suspension period
•    You are required to complete a substance abuse evaluation and treatment programs as ordered by the court.
•    You may be required to attend a court-approved substance abuse program
•    You may be required to attend a court improved driver improvement program
•    You could have your vehicle seized and sold.
•    You will have to provide an LA SR22 Insurance Requirement (proof of financial responsibility)

The contact information for the Tangipahoa’s Sheriff’s office or District Attorney office click here. Our resources page has helpful telephone numbers and website address you will need.

To read an interesting article answering the question, “Can You get a DUI on a Horse,” click here.

Expungements In Louisiana

WHAT IS AN EXPUNGEMENT?

People often talk about getting their records expunged.  But what is an expungement and are all crimes eligible to be expunged?  If you have questions about expungements keep reading this article.  What an expungement is and what crimes qualify for expungement are explained.

An expungement is a civil action which seeks to have a criminal record sealed, making these records unavailable through the State or Federal authorities.  Specifically, it is the “Process by which records of a criminal conviction is destroyed or sealed from the state or Federal repository.” See Black’s Law Dictionary

An expungement is not a pardon.

Every state or local jurisdiction may have their own laws governing the scope and procedures concerning expungement. In many places, the records are not removed completely and may be used again in subsequent offenses, sentencing enhancements or other means.

 Once you have been arrested a paper trail has begun and regardless of if you are charged or convicted of a crime, you will now have a criminal history. This can have negative consequences on your future regarding your employment opportunities, access to government benefits and parental rights.

ARE YOU ELIGIBLE TO HAVE YOUR RECORD EXPUNGED?

Can I have a Misdemeanor Expunged in Louisiana?

Yes, misdemeanors are eligible for expungement after the prosecution is dismissed, 5 years have passed since you successfully completed your sentence, or the prosecution is set aside under La.C.Cr.Pr. Article 894(b).

ARE THERE ANY MISDEMEANOR CRIMES THAT CAN NOT BE EXPUNGED IN LOUISIANA?

Yes, sex crimes and domestic abuse battery crimes. Click the link for a complete list of violent crimes that can not be expunged. Violent Crimes.

WHAT FELONIES ARE ELIGIBLE FOR EXPUNGEMENT UNDER LOUISIANA LAW?

A felony can be expunged after prosecution is dismissed or conviction set aside under L.C.Cr. Procedure Art. 893(E).  If you have successfully completed your sentence and 10 years have passed without any other felony charges-pending or convictions-you are eligible for an expungement.

Remember sex crimes, domestic abuse or domestic violence are not eligible for expungement nor crimes against a minor under 17, nor crimes of violence as defined by La.R.S. 14.2(B) nor convictions for distribution or manufacture of any drug or controlled substance. Click the link to see a list of violent crimes as defined by the State of Louisiana and can not be expunged. Violent Crimes.

YOU HAVE RECEIVED A FIRST OFFENDER PARDON, IS THIS AN EXPUNGEMENT?

No, you still need to file an expungement to have your record sealed.  A first-time offender pardon does return some rights and prevents your records from being used against you in certain circumstances, but does not shield your record as an expungement will.

HOW LONG DO I HAVE TO WAIT TO FILE AN EXPUNGEMENT?

You can file for an expungement immediately if you were not charged, successfully granted a motion to quash or were found not guilty.  If you were charged but the District Attorney has not instituted prosecution after the passing of the legally allowable time limit to prosecute you may have the right to file for an expungement. Criminal offenses have varying times associated with the amount of time a DA has to charge for a crime.  For example, a DA has 10 years to institute a prosecution for sex crimes against a juvenile but only 6 months for misdemeanor crimes. 

HOW MUCH DOES AN EXPUNGEMENT COST?

The fees associated with an expungement vary by parish, the following is an example of the most common charges by agency, $250.00 to the Louisiana State Police, $200.00 to the Criminal District Court Clerk, $50.00 to the parish District Attorneys office and $50.00 to the local sheriff.  If you hire a private attorney those fees will be separate. Check with 21st Judicial District Court clerks office to get the most current prices: http://www.tangiclerk.org/

Certain individuals may be eligible for an indigent waiver of fees. You will have to check the rules to see if you qualify.  Generally, you will have to show your income and meet the following requirements: have no prior felony convictions anywhere in the country, have no pending felonies, the offense for which you were prosecuted ended in an acquittal, motion to quash, or it has been dismissed/refused and the time limit for prosecution has expired. Of course, the crime you are seeking to expunge must be an eligible crime for expungement.

HOW LONG DOES THE PROCESS TAKE?

It depends on several factors.  It should take approximately 60 days for the agencies to respond to the application.  Then an additional 60 days for the State Police to mail a Certificate of Compliance. However, note that you are dealing with government agencies and it may take some follow-up calls to keep the process on track.

EXPUNGEMENT FORMS

Click the following link to the Louisiana Clerks of Court Association website to access forms and materials you will need to file.  Also, note that all expungements must include a Motion for Expungement with required forms.  If you have any questions or need assistance with this form call our office at (225) 686-8006. To find forms you can go to the website of the Louisiana Clerks Of Courts Office here: http://www.laclerksofcourt.org/Expungement%20Forms%20Index.htm

CONTACT SONJA BRADLEY YOUR CRIMINAL LAWYER IN Hammond, Louisiana, Denham Springs Louisiana, Walker Louisiana, Ponchatoula Louisiana, Amite Louisiana, Albany Louisiana, and surrounding areas.

HELPFUL RESOURCES:

TANGIPAHOA PARISH WEBSITE: https://www.tpso.org/

LIVINGSTON PARISH WEBSITE: http://www.lpso.org/

LOUISIANA STATE POLICE WEBSITE: http://www.lsp.org/

DISTRICT ATTORNEY FOR THE 21ST JDC WEBSITE: http://www.21jdda.org/

What Does the State of Louisiana consider Crimes of Violence?

Louisiana Crimes of Violence — La R.S. 14:2 (B)

Note: Crimes of Violence are non-expungeable offenses. If someone is imprisoned for a crime of violence, he will serve a minimum of 85% of the sentence.

 B. In this Code, “crime of violence” means an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as “crimes of violence”:

(1) Solicitation for murder.
(2) First degree murder.
(3) Second degree murder.
(4) Manslaughter.
(5) Aggravated battery.
(6) Second degree battery.
(7) Aggravated assault.
(8) Repealed by Acts 2017, No. 281, §3.
(9) Aggravated or first degree rape.
(10) Forcible or second degree rape.
(11) Simple or third degree rape.
(12) Sexual battery.
(13) Second degree sexual battery.
(14) Intentional exposure to AIDS virus.
(15) Aggravated kidnapping.
(16) Second degree kidnapping.
(17) Simple kidnapping.
(18) Aggravated arson.
(19) Aggravated criminal damage to property.
(20) Aggravated burglary.
(21) Armed robbery.
(22) First degree robbery.
(23) Simple robbery.
(24) Purse snatching.
(25) Repealed by Acts 2017, No. 281, §3.
(26) Assault by drive-by shooting.
(27) Aggravated crime against nature.
(28) Carjacking.
(29) Repealed by Acts 2017, No. 281, §3.
(30) Terrorism.
(31) Aggravated second degree battery.
(32) Aggravated assault upon a peace officer.
(33) Aggravated assault with a firearm.
(34) Armed robbery; use of firearm; additional penalty.
(35) Second degree robbery.
(36) Disarming of a peace officer.
(37) Stalking.
(38) Second degree cruelty to juveniles.
(39) Aggravated flight from an officer.
(40) Repealed by Acts 2014, No. 602, §7, eff. June 12, 2014.
(41) Battery of a police officer.
(42) Trafficking of children for sexual purposes.
(43) Human trafficking.
(44) Home invasion.
(45) Domestic abuse aggravated assault.
(46) Vehicular homicide, when the operator’s blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
(47) Aggravated assault upon a dating partner.
(48) Domestic abuse battery punishable under R.S. 14:35.3(M)(2) or (N).
(49) Battery of a dating partner punishable under R.S. 14:34.9(L)(2) or (M).
(50) Violation of a protective order if the violation involves a battery or any crime of violence as defined by this Subsection against the person for whose benefit the protective order is in effect.
(51) Criminal abortion.
(52) First degree feticide.
(53) Second degree feticide.
(54) Third degree feticide.
(55) Aggravated criminal abortion by dismemberment.

Click the link to read the statute: http://legis.la.gov/Legis/Law.aspx?d=78337

If you have been charged with a violent crime or need an attorney to help you with an expungement call Sonja.

Sonja Bradley your Attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Amite Louisiana, Walker Louisiana and Surrounding Areas

Louisiana’s New Car-Seat Law Goes into effect on August 1, 2019. What’s Different?

Governor John Bel Edwards signed a new car-seat law that will save lives. This bill requires better restraint of children while traveling in vehicles. After lawmakers examined accident statistics and the resulting injuries and deaths of children in vehicular accidents, they decided to take steps to update the law concerning child restraint.

The current law has been in place since 1984 and updated once in 2009. The new law will go into effect on August 1, 2019, and is based on the American Academy of Pediatrics.

The new law, based on standards adopted by the American Academy of Pediatrics, takes effect Aug. 1 and is intended to put children in car seats designed for individual weights and heights. In general, the guidelines require that:

  • Children under 2 must ride in rear-facing child safety seats;
  • Children ages 2-4 must ride in a forward-facing seat with an internal harness if they have outgrown a rear-facing seat;
  • Children ages 4-9 must ride in a booster seat secured with a lap/shoulder belt; and
  • Children ages 9-12 can ride without a booster seat if their knees bend over the front edge of the seat, their back is against the seat back and the seat belt crosses their chest and not their neck.

Click this link for more detailed information from http://www.lsp.org/pdf/child_passenger_seat.pdf

Also, you can have a free car seat inspection and installation at sites throughout the state, a list of which can be found at www.lahighwaysafety.org.

If you need to hire an attorney call, Sonja.

Sonja Bradley your Attorney in Hammond Louisiana, Denham Springs, Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Walker Louisiana, Albany Louisiana, Amite Louisiana, and Surrounding Areas