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What is Article 892.1 in Louisiana?

Louisiana code of criminal procedure article 892.1

What is article 892.1?

Many people want to know what is Article 892.1 in Louisiana?  It is a statute in the Louisiana code of criminal procedure that gives Louisiana courts a mechanism to keep or set aside traffic tickets off your record. If offered by the district attorney you will be required to plead guilty in front of a judge specifically under Article 892.1 then you will be required to complete a driving safety course (usually online) and pay a fine. In most jurisdictions the judge will give you 90 days to complete the online course and pay your fine.

Most courts will give you a packet with instructions on the recommended online driving safety courses and their particular requirements. The best part is once you have completed the driving school and paid your fine you usually aren’t required to go back to court and all of your charges will be dismissed. This is a fantastic and very useful tool as long as it’s offered.

How can I use article 892.1

It is recommended to hire a Louisiana traffic attorney to handle your citations. If you want to find out if you can take advantage of this article tell your attorney that you are interested. Your attorney will negotiate with the district attorney and Judge on your behalf. You have to keep in mind that this article is not offered in every court and a good traffic attorney will be able to help you no matter what situation you are in.

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What are the limitations of article 892.1?

  • Applies to misdemeanor traffic offenses under Title 32 only. Cannot apply to Title 40 convictions such as DWI or reckless driving.
  • You cannot use 892.1 for any felony traffic charges.
  • If you are charged with speeding 25 miles an hour or more you will be ineligible.
  • Can only be granted once in a two year period.

Can anyone use article 892.1?

Unfortunately no, you must have a Louisiana drivers license to take advantage of this particular article. Different states have their own laws how to handle traffic citations and it would not benefit someone that has an out of state license. If you are out of state then there are other avenues that you can take to protect your driving record. That is why it’s very important to talk with an attorney about your case.

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