Traffic citation question?

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Pas Tout La

    Well-Known Member
    Rating - 100%
    2   0   0
    Dec 12, 2012
    1,302
    38
    Droite La
    Long story short, I got in a fender bender today in Lafayette. Light turned green, car took off, car abruptly stopped, I gave her a little love tap. I ended up with a ticket for careless operation with a wreck. Is there anything I can do to keep it off of my record? The last ticket I got was 4 years ago and was for an expired inspection tag. I'd like to keep any moving violations off of my record if possible.
     

    Broke

    Well-Known Member
    Rating - 100%
    4   0   0
    Jun 27, 2013
    150
    16
    Baton Rouge area
    Or just don't be an a$$ hole and drive drunk. File 894. 893 is for more serious offenses.


    Well I don't know his drinking situation. I don't drink. I just think it's still a very minor offense to use it. And once you use it, it's gone for a few years. Of course he's free to do whatever he wants.
     

    Pas Tout La

    Well-Known Member
    Rating - 100%
    2   0   0
    Dec 12, 2012
    1,302
    38
    Droite La
    I wouldn't use an Article 894 for something so minor. That's a silver bullet better served for DWI, etc.

    I don't drink and drive period. I agree this may be a petty issue to use it on, but I really don't intend on any legal issues more serious than this in the foreseeable future. I will see if I can have the charges lowered to a non moving violation first. If not, then I'll try the 894 route.
     

    kingfhb

    NRA & USCCA INST. w/ LSP#
    Rating - 100%
    26   0   0
    Mar 28, 2014
    3,060
    38
    New Orleans, LA
    Article 894 is for misdemeanors, 893 is for felonys. The OP said the last ticket he got was 4 years ago... if he keeps up his long-term violation ratio and pushed it to 5 years, he's good to use 894 again when he has another violation. Use the 894... just remember, it won't negate your responsibility to the other driver involved for any liable damages (medical or property) following the accident.

    Unfortunately 893 is advertised and utilized primarily for DWI's... however, it is for any felony (I would assume aside from violent criminal offenses). It's a "get out of jail free card" to some.

    When you enter a plea under 893 or 894, the conviction is *held in abeyance.* This means that your guilty plea is not accepted by the judge, but instead put aside while you complete certain conditions. If you complete these conditions, which will include staying out of trouble for a certain period of time and can also include classes, community service, counseling and the payment of fines or restitution, the judge will dismiss the charges.

    You must fulfill all conditions set forth in your plea agreement including completion of probation, because otherwise the district attorney can bring you back to court and ask the judge to accept your previously entered guilty plea. The suspension of your sentence will then be revoked and you will have to serve your original jail sentence.

    To put it simply.
     
    Last edited:

    Vermiform

    Free Candy!
    Gold Member
    Marketplace Mod
    Rating - 100%
    13   0   0
    Sep 18, 2006
    5,271
    48
    Shreveport - or therebouts
    You sure it isn't going to go on your record anyway with the insurance company? The person you tapped is filing a claim correct? If so, ask your insurance company first before going out of your way for it.
     

    Pas Tout La

    Well-Known Member
    Rating - 100%
    2   0   0
    Dec 12, 2012
    1,302
    38
    Droite La
    I'm positive she will file with my insurance. She will need a new bumper and trunk hood. Cheap ass cars today! I never thought to even ask my agent if this will affect my rate or not.
     

    VeedUp

    Well-Known Member
    Gold Member
    Rating - 100%
    54   0   0
    Oct 15, 2007
    3,329
    38
    Destrehan, La.
    I've had one dismissed completely after showing proof my insurance paid the claim, for the exact same thing basically. It happened in EBR.
     

    thatguy

    Well-Known Member
    Rating - 100%
    7   0   0
    Jun 17, 2011
    878
    18
    Franklinton, La
    If you have Allstate, take the amount of her damage/3 and this will be your rate increase for the next 3 years.
    As far as the citation, make it a tiered approach.
    Appear in court. I have never seen a traffic court where the first couple of hours wasn't spent playing let's make a deal, because really, what judge wants to try a traffic case?
    If the ass tapped party doesn't show, you are probably good to go. If she does, switch to hey can I work a plea deal and keep this off my record mode.
    I don't know lafayette judges, but in my area a lot of them will confirm that parties involved are satisfied with the civil outcome of the crash and then just chuck the ticket.
     

    JBP55

    La. CHP Instructor #409
    Premium Member
    Rating - 100%
    338   0   0
    Apr 15, 2008
    17,110
    113
    Walker
    Appear in court. I have never seen a traffic court where the first couple of hours wasn't spent playing let's make a deal, because really, what judge wants to try a traffic case?
    I don't know lafayette judges, but in my area a lot of them will confirm that parties involved are satisfied with the civil outcome of the crash and then just chuck the ticket.

    Evidently you have never been to Traffic Court in Livingston Parish.
     

    Latest posts

    Forum statistics

    Threads
    196,071
    Messages
    1,551,678
    Members
    29,361
    Latest member
    Eddie Landry
    Top Bottom