Pretrial diversion?

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  • RaleighReloader

    Well-Known Member
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    32   0   0
    Jan 30, 2015
    1,177
    48
    Baton Rouge, LA
    So I got my first speeding ticket in Louisiana (Iberville parish) today. Not a huge deal; I have a clean record. I noticed on the back that it says instead of going to court, I can pay a $175 fine to the district attorneys pretrial division, and the ticket will be reduced to a non-moving violation.

    Notwithstanding the obvious question about how this is legal and ethical, What does this actually mean? Does a non-moving violation get reported to my insurance company? Is this essentially buying my way out of trouble? What am I actually pleading guilty to? Are there any consequences, other than the dent in my pocketbook?

    I am tempted to hire a lawyer and let him deal with his crap, but I would like to understand this a little better first.

    Mike
     

    leadslinger972

    *Banned*
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    1   0   0
    Nov 1, 2017
    983
    16
    St Tammany
    I understand that… But if I paid the ticket, what exactly am I pleading guilty to, if the ticket is being *designated* as a non-moving violation? I am trying to understand what this slippery legal language actually means.

    Mike

    Pay it to avoid going to court. If you pay the ticket, you're pleading guilty to speeding.

    Go to court to plead guilty and have it changed to a non-moving violation.

    Ignore the fee to have it changed.
     

    Danny Abear

    Well-Known Member
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    7   0   0
    Aug 11, 2007
    1,444
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    Brusly, La.
    Pay the 175 and the ticket gets reduced to like a parking ticket, etc. so it will not affect your insurance.
     

    Danny Abear

    Well-Known Member
    Rating - 100%
    7   0   0
    Aug 11, 2007
    1,444
    48
    Brusly, La.
    So I got my first speeding ticket in Louisiana (Iberville parish) today. Not a huge deal; I have a clean record. I noticed on the back that it says instead of going to court, I can pay a $175 fine to the district attorneys pretrial division, and the ticket will be reduced to a non-moving violation.

    Notwithstanding the obvious question about how this is legal and ethical, What does this actually mean? Does a non-moving violation get reported to my insurance company? Is this essentially buying my way out of trouble? What am I actually pleading guilty to? Are there any consequences, other than the dent in my pocketbook?

    I am tempted to hire a lawyer and let him deal with his crap, but I would like to understand this a little better first.

    Mike

    Black Dodge on the spillway, huh?
     

    jsg34

    Well-Known Member
    Premium Member
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    56   0   0
    Apr 3, 2011
    212
    18
    New Orleans, LA
    Diversion is common in almost all jurisdictions. Pay the fine. Non-moving violations are not part of your driving record and will not raise your insurance rate. If you contest the ticket in court, you are risking being found guilty of the moving violation (which is likely). You'll pay the fine, the court costs, the off-duty officer fee and you will get a bump in your rates.
     

    Barry J

    Well-Known Member
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    2   0   0
    Dec 5, 2011
    1,334
    48
    Thibodaux
    Louisiana Code of Criminal Procedure Article 894. You pay the fine and not get another ticket within six months and they don't report it to the DMV. It is not put on your record and insurance never finds out. That's how it works around here.
     

    JBP55

    La. CHP Instructor #409
    Premium Member
    Rating - 100%
    338   0   0
    Apr 15, 2008
    16,999
    113
    Walker
    As stated Article 894 if you have a clean record and pay the fine. It will not be on your Insurance record but will be recorded with the Clerk of Court.
    Second one in 5 years in the same jurisdiction and you go to court or pay the fine before court date. No Article 894 available.
     

    Vigilante Sniper

    Guns are my crack!!
    Rating - 100%
    46   0   0
    Jan 28, 2009
    1,512
    48
    LaPlace
    Before you just go online and pay it, verify the statute number because once you pay it it takes an act of congress to get it changed. I got a speeding ticket in New Orleans on I-10, I paid the ticket and it wasn't till my insurance doubled that I found out that the officer wrote the wrong statute number and instead of a general speeding ticket he wrote it up as 32:58 Careless operation which cause me to have a higher insurance rate for 3 years. I tried getting it changed but fighting the city of New Orleans is like fighting the IRS. As a result I will never ever pay a ticket online again, I will go to court.
     
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