Tag: lawyer

How to Prove You Are Not at Fault in a Car Accident

When a car accident happens, sometimes the parties involved disagree on who is at fault or acted negligently in causing the collision. So how can a person prove they are not at fault in a car accident.

To establish fault obtain a copy of the accident report, review the law, and gather witness statements. These are some steps you can take to establish you are not at fault in a car accident.

Often it is clear who is at fault for the collision, but for the times when fault isn’t so apparent, you need to take steps to prove you are not at fault.

Proving Fault

Proving fault is essential in determining which party is legally responsible for paying for the damages caused by the collision. In cases that fault isn’t apparent, there are some steps; you can take to establish liability.

Police Report is used to establish Fault

If you are involved in an accident, you must call the police. The investigating officer will fill out a standard accident report. In this report, he is required to note the traffic conditions, time of the accident, weather conditions, and many other crucial details.

One of the essential tasks of the investigating officer is taking statements of not only the parties but also any witnesses. He should include the witnesses name, address, and telephone numbers in his report.

The officer may take pictures of the scene and provide a narrative of his opinion based on the information he has gathered. The report should also note the length of any skid marks and state any traffic law violations and the impairments of the driver.

Traffic law violations and impairments of the driver can be useful in supporting your position. Ask the investigating officer how you can obtain a copy of the report. Also, request the officers’ name and the law enforcement agency he represents.

Review the accident report. If you find any mistakes by the investigating officer, you can amend the report. Sometimes they make factual errors, such as the wrong times, or incorrect vehicle or insurance information. Generally, you can request a correction by supplying proof to confirm the error.

Factual changes concerning fault is more difficult. Each police department has a procedure for objecting or challenging a report. Contact the department involved in your case and request the procedures. The most common procedure is to attach a copy of your concerns to the initial report.

Research the Law

Use the internet and research the specifics concerning your accident. There may be some parish or state statutes that apply to your case. Check the laws on roadway markings, speed limits, and right of way.

The Louisiana Department of Motor Vehicles division has laws accessible online. If the accident occurred in a city and involves city violations, they likely have the traffic statutes online, if not check the local library and city police office. Any violations of the law will bolster your position.

Witness Statements

An independent witness could be a pillar to establishing fault in a car accident. After an accident, all witnesses contact information should be gathered by you.

The investigating officer should have documented the witnesses names, telephone numbers, and addresses on the accident report. Frequently they will take statements from the witnesses and include the statements in the report.

Sometimes the witness statements are not written clearly or don’t accurately memorialize the accounts as you remember hearing at them while at the scene of the accident.

You need to contact the witness and ask for their honest recollection of the facts surrounding the accident. If the witness bolsters your position, ask them to provide an affidavit or witness statement. You can volunteer to draft the account based on their conversation.

It is not unreasonable for a person not to want to take the time to write up a witness statement for a person they don’t know. If you are willing to draft the document and they only have to sign you are more likely to receive a positive response.

Presumption of Negligence

The presumption of negligence applied in cases when a violation of law or standard practices caused an accident. The presumption of negligence is often used in rear-end cases.

Rear-end

In a rear-end collision it is presumed that the following driver was not prudently driving his car. He was either following too closely for the road conditions, driving inattentively or speeding. In a rear-end case, the location of the damages to the vehicles are often enough evidence necessary to prove fault.

It is important to be aware that Louisiana is a comparative negligence state. In limited cases, the following vehicle may not be 100 percent at fault in causing an accident.

If a party is rear-ended and found partially at fault, their recovery will be reduced by the percentage of their responsibility. Facts and circumstances can overcome the presumption of negligence in some instances. See  Cheairs v. State ex rel. Dept. of Transp. & Dev., 861 So.2d 536 (La. 2003).

Left-turning vehicle

There is also a presumption of negligence in collisions caused by a left-turning car. If a car is traveling straight down a road and a car makes a left-hand turn, the turning vehicle is presumed at fault.

The damage to the vehicles is critical in identifying the fault. In a left-turning accident, the damage would be on the front-end of one car and the front-right side of the other.

Just like in a rear-end cases there are exceptions to the “no-fault” provision for left-hand turns. If for example, the car going straight was speeding or ran a red light.

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;

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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)

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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.

Does Amite City, Louisiana Have an Open Container Law?

Have you ever passed a car and witnessed a passenger in the vehicle drinking a beer? It’s not a unique site in Louisiana. Are there laws prohibiting passengers from drinking in cars?

Yes, Louisiana’s open container law makes it a crime for any person to have an open container of alcohol in a vehicle. Louisiana law considers an open container to be an unsealed bottle, can, or flasks that contains an alcoholic beverage. This statute covers Amite City

The federal government has provided guidelines to the states on proposed standards for open containers laws. Most states, including Louisiana, adopted the national open container standards. These federal standards can be read here.

Louisiana’s Open Container Law

Louisiana’s open container law is codified in LA Rev Stat § 32:300. The law specifically prohibits the driver and passengers from having an open container of an alcoholic beverage. Further, the law makes it illegal for a passenger to consume alcohol while the vehicle is operated.

Louisiana’s open container law allows for certain exceptions listed in the statute. The exceptions are enumerated below:

  1. Any person driving or occupying a motor vehicle, as a condition of his employment. And the person is acting in the course and scope of his employment. The employment requires him to carry open alcoholic beverage containers, and the operator or passenger doesn’t consume the alcoholic beverages.
  2. Any paid fare passenger on a standard or contract carrier vehicle, as defined in R.S. 45:162.
  3. Any passenger in a commercial public carrier vehicle, as defined in R.S. 45:200.2.
  4. Any passenger in a courtesy vehicle is operated as a courtesy vehicle.
  5. Any passenger of a motor home that is self-contained and exceeds twenty-one feet in length.
  6. Alcoholic beverages carried in the trunk of a motor vehicle.
  7. If the vehicle doesn’t have a trunk, possession of an open container of alcoholic beverages in any of the following: (a) In a locked glove compartment. (b) In an area of the vehicle not normally occupied by, or readily accessible, to the driver or passengers.
  8. Passengers members of a krewe riding on a parade float.
  9. Any passenger in a private limousine the driver of which possesses a Class D commercial driver’s license.

Amite City Ordinances

Amite City has an ordinance Section 11-5028. That makes it illegal to carry possess or drink alcohol from an open container in public. Specifically, it prohibits open containers containing any alcohol either of low on high content, upon any public street, roadway, thoroughfare, right-of-way, sidewalk, park, school property, public building, public land or public waterways within the town.

The prohibition extends to include passengers in motor vehicles and boats as well as the operator of same. Further, a person can not have an open container or a private party’s property without their consent.

Amite City, Louisiana, prohibits the sale of packaged liquor on Sunday.

Drive Through Daiquiri Shops

Louisiana is unique in that it allows drive-through daiquiri shops. Businesses selling alcohol in cups through a drive-through window raises questions concerning the application of open container laws.

How is it legal? Louisiana considers the daiquiri cup legally sealed if:

  • The lid is in place on the cup;
  • No straw is sticking or inserted anywhere into the container;
  • The substance of the drink remains in the cup, that means it hasn’t been partially or entirely drunk.

You’ve been Charged for Violating Louisiana’s Open Container Law, Now What?

If the only charge you received is a violation for having an open container, your penalty should not be more than 100 dollars plus court costs. Be sure and check the statute for the current law to make sure the penalty is current.

The best way to prevent getting an open container violation is to take steps to ensure you comply with the law. If you must transport an alcoholic beverage that has been opened, place it in your trunk or bed of your truck. Don’t risk getting a ticket.

If you have any legal questions contact the Sonja Bradley, she has the experience to help you with any of your legal needs. If you want to read other articles on DUI or Expungements click the links.


What is an Intrafamily Adoption?

Lawyers are often asked questions about legal terms. One question that comes up often is, “What is an intrafamily adoption?”. Since this is a question on many people’s minds, I decided to provide an answer.

While most adoptions involve non-related individuals, intrafamily adoption refers to the process of adopting a child by a close relative or stepparent. This type of adoption can offer many benefits, including preserving family ties and providing a stable and loving home for a child in need.

However, intrafamily adoptions also come with their own unique set of challenges and legal complexities that require careful consideration. In this blog post, we will explore the concept of intrafamily adoption, its benefits and challenges, and what to expect from the process.

Who Qualifies for an Intrafamily Adoption?

The legislature defines the classes of relatives that qualify for intrafamily adoptions. See the following https://law.justia.com/codes/louisiana/2015/code-childrenscode/chc-1243/:

Title XII. Adoption of Children

CHAPTER 11. INTRAFAMILY ADOPTIONS

Art. 1243. Persons who may petition for intrafamily adoption

A. A stepparent, step-grandparent, great-grandparent, grandparent, aunt, great aunt, uncle, great uncle, sibling, or first cousin may petition to adopt a child if all of the following elements are met:

(1) The petitioner is related to the child by blood, adoption, or affinity through a parent recognized as having parental rights.

(2) The petitioner is a single person over the age of eighteen or a married person whose spouse is a joint petitioner.

(3) The petitioner has had legal or physical custody of the child for at least six months prior to filing the petition for adoption.

B. When the spouse of the stepparent or one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.

C. For purposes of this Chapter “parent recognized as having parental rights” includes not only an individual enumerated in Article 1193, but also:

(1) A father who has formally acknowledged the child with the written concurrence of the child’s mother.

(2) A father whose name or signature appears on the child’s birth certificate as the child’s father.

(3) A father, if a court of competent jurisdiction has rendered a judgment establishing his paternity of the child.

Does the Biological Parent have to Agree?

No, a biological parent does not have to agree to an intrafamily adoption, but it will make the adoption easier. See the following statute concerning the consent of biological parents as it pertains to intrafamily adoption:

Title XII. Adoption of Children

CHAPTER 11. INTRAFAMILY ADOPTIONS

Art. 1244. Consent of parent

A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service for any subsequent proceeding.

B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof.

C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition.

D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3.

Art. 1245. Parental consent not necessary

A. The consent of the parent as required by Article 1193 may be dispensed with upon proof of the required elements of either Paragraph B or C of this Article.

B. When a petitioner authorized by Article 1243 has been granted custody of the child by a court of competent jurisdiction and any one of the following conditions exists:

(1) The parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.

(2) The parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.

C. When the spouse of a stepparent petitioner has been granted sole or joint custody of the child by a court of competent jurisdiction or is otherwise exercising lawful custody of the child and any one of the following conditions exists:

(1) The other parent has refused or failed to comply with a court order of support without just cause for a period of at least six months.

(2) The other parent has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of at least six months.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.

What is the Primary Consideration in Granting an Intrafamily Adoption?

Just because you meet all the requirements for an intrafamily adoption does not automatically mean you will be granted the adoption. Courts are required to determine the “best interest of the child” in their decision to grant an adoption. See the following excerpt from a 1st. circuit court of appeals case.

The primary consideration in adoption proceedings is whether the adoption is in the best interests of the child.  In re Miller, 95-1051 at 6, 665 So.2d at 777.

In re Miller, 95-1051 at 6, 665 So.2d at 777.   In cases where the stepparent seeking adoption is married to the parent who has been granted sole custody of the child, there is a rebuttable presumption that the adoption is in the best interest of the child.  La. Ch.C. art. 1255(B).  https://caselaw.findlaw.com/la-court-of-appeal/1113323.html

What are some Factors in Determining “Best Interest of the Child” in Intrafamily Adoption?

To determine the best interest of a child in intrafamily adoption, courts will often look at the relationship of the child with the adopting relative. The following is an excerpt from a case involving intrafamily adoption:

It is not enough to examine the love and home environment provided by the petitioner/stepparent. The court must also examine the depth of closeness of the child’s ties with the non-custodial natural parent and the effect that the loss of this relationship would have on the child.  

Further, the court must consider the seriousness and finality of the severing of the relationship between the parent and child, as well as the importance and benefit to the child of a continued relationship with the parent.

In re J.A.B., 04-1160 at 4, 884 So.2d at 680.

Intrafamily adoptions can become complicated if you decide to adopt and wish to seek an attorney to assist you; please consider Sonja; she has helped many clients navigate the adoption procedure successfully.

Sonja Bradley, your Family Law Attorney serving Hammond Louisiana, Ponchatoula Louisiana, Livingston Louisiana, Albany Louisiana, Walker Louisiana, and Denham Springs, 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