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If I filed article 892.1 in La in jan of 2011 and got a speeding ticket 6 months later, am I able to file article 894?
Anonymous10 views1 answers
This is what I found and I think I have the first item covered.
In order to qualify for this plea, a driver should have the following:
•A clean driving record, which means no more than one moving violation over the past three years
•A drivers license from Louisiana or one of the participating states
• No other dismissals over the past five years (does your 892.1 COUNT as a dismissal?)
•Pay any fines
•Take the appropriate driving course
•Judge’s approval for the plea
•Complete probationary period of six months
First of all, I think you are overlooking how LaCCrP 892.1 and 894 are different. 892.1 permits the deferment of the sentence if you complete a driver improvement school, which often results in a nominal civil fine and no points on your driver's license. On the other hand, article 893 (felony) and 894 (misdemeanor) permit the expungement of the incident from your record after 30 days to 2 years or more. The amount of time depends on the severity of the crime. You are permitted to use article 894 once every 5 years in order to have the crime (all traffic tickets are misdemeanors in Louisiana). The short answer is yes you could use an 894 for this instance, but it may not be your best course of action. If you would like further help, please reach our office below
