Effect of Pleading Art 894 for Dwi in Louisiana

CCRP 894     

Fine art. 894. Suspension and deferral of sentence; probation in misdemeanor cases

A.(ane) Yet any other provision of this Commodity to the contrary, when a defendant has been convicted of a misdemeanor, except criminal neglect of family, or stalking, the court may append the imposition or the execution of the whole or whatsoever part of the sentence imposed, provided suspension is not prohibited by constabulary, and place the accused on unsupervised probation or probation supervised by a probation office, agency, or officer designated by the courtroom, other than the division of probation and parole of the Section of Public Condom and Corrections, upon such weather as the court may prepare. Such suspension of judgement and probation shall be for a period of two years or such shorter period as the court may specify.

(2) When a suspended sentence in backlog of six months is imposed, the courtroom may place the accused on probation under the supervision of the Department of Public Safety and Corrections, segmentation of probation and parole, for a menstruation of not more than two years and nether such weather condition as the court may specify.

(3) When a defendant has been convicted of the misdemeanor offense of operating a vehicle while intoxicated, 2nd crime, the courtroom may append the imposition or the execution of the whole or any part of the sentence imposed and place the defendant on unsupervised or supervised probation upon such conditions as the court may fix, where suspension is non prohibited under the law. Such break of sentence and probation shall exist for a menses of ii years or such shorter menses as the courtroom may specify.

(iv) The courtroom may append, reduce, or improve a misdemeanor sentence later the accused has begun to serve the sentence.

(5) At the time that any defendant petitions the court to prepare bated any plea for operating a vehicle while intoxicated pursuant to this Article, the court shall social club the clerk of courtroom to post to the Department of Public Safety and Corrections, office of motor vehicles, a certified re-create of the record of the plea, fingerprints of the defendant, and proof of the requirements as fix forth in Code of Criminal Procedure Commodity 556.1 which shall include the defendant's date of birth, social security number, and driver'south license number. An boosted fifty dollar court price shall exist assessed at this time confronting the defendant and paid to the Department of Public Rubber and Corrections, part of motor vehicles, for the costs of storage and retrieval of the records.

(6) When a instance is assigned to the drug segmentation probation plan pursuant to the provisions of R.S. 13:5304, with the consent of the district attorney, the court may place the defendant on probation for a period of not more than than eight years if the courtroom determines that successful completion of the programme may require that the period of probation exceed the two-year limit. If necessary to assure successful completion of the drug division probation plan, the court may extend the elapsing of the probation period. The period of probation equally initially fixed or every bit extended shall not exceed 8 years.

(vii) When a case is assigned to an established driving while intoxicated court or sobriety court program certified by the Louisiana Supreme Court Drug Court Function, the National Highway Traffic Rubber Administration, or the Louisiana Highway Rubber Commission, with the consent of the district chaser, the court may place the defendant on probation for a period of non more 8 years if the court determines that the successful completion of the program may require that the menstruation of probation exceed the 2-year limit. If necessary to assure successful completion of the driving while intoxicated court or sobriety courtroom program, the court may extend the duration of the probation period. The flow of probation as initially fixed or as extended shall not exceed eight years.

B.(1) When the imposition of judgement has been deferred past the courtroom, as authorized by this Commodity, and the court finds at the decision of the period of deferral that the defendant has not been convicted of whatever other offense during the period of the deferred sentence, and that no criminal charge is pending against him, the court may prepare the conviction aside and dismiss the prosecution. Withal, prior to setting bated any confidence and dismissing the prosecution for whatsoever charge for operating a vehicle while intoxicated, the court shall require proof in the class of a certified letter from the Department of Public Condom and Corrections, role of motor vehicles, that the requirements of Subparagraph (A)(5) of this Article take been complied with.

(2) The dismissal of the prosecution shall have the same effect every bit an acquittal, except that the confidence may be considered every bit a prior offense and provide the ground for subsequent prosecution of the political party as a multiple offender. Discharge and dismissal under this provision for the offense of operating a vehicle while intoxicated may occur only once with respect to any person during a ten-year flow.

(3) Discharge and dismissal pursuant to the provisions of this Subparagraph may occur on a unmarried subsequent prosecution and conviction which occurs during the ten-year menstruum provided for in Subparagraph (B)(two) of this Article if the following weather condition are met:

(a) The offender has successfully completed a driving while intoxicated courtroom or sobriety courtroom programme pursuant to Subparagraph (A)(seven) of this Article.

(b) The conditions imposed by the court pursuant to the provisions of Subparagraph (A)(3) of this Commodity have been met.

C. Goose egg independent herein shall be construed as existence a basis for destruction of records of the abort and prosecution of whatsoever person convicted of a misdemeanor.

D.(1) The Department of Public Safety and Corrections, office of motor vehicles, shall serve as a repository for the records referred to in Subparagraph (A)(v) of this Article for any plea for operating a vehicle while intoxicated entered pursuant to the provisions of this Article. The section shall maintain records for a menses of ten years. The department shall respond by certified post to a request by any court, prosecuting agency, or accused seeking certified copies of the records or verification that the records are in the possession of the department.

(two) The records maintained by the department pursuant to this Commodity shall be confidential, except as otherwise provided in this Article. Certified copies of the records maintained past the department shall be open-door just in a subsequent prosecution for operating a vehicle while intoxicated and shall not exist used for whatsoever other purpose.

(3)(a) The Section of Insurance is hereby authorized to expend from any surplus it derives from a financial yr an amount not to exceed three hundred k dollars to the part of motor vehicles to fully implement and maintain the electronic database established in this Paragraph.

(b) The Section of Insurance is further authorized to enter into cooperative effort agreements with the Louisiana Land Supreme Court, whatever district chaser's function, or whatsoever clerk of court'southward office for training and usage of the database created by this Paragraph.

Acts 1972, No. 514, §1; Acts 1972, No. 651, §1; Acts 1975, No. 608, §one; Acts 1978, No. 570, §3; Acts 1982, No. 270, §one; Acts 1986, No. 184, §1; Acts 1987, No. 59, §1; Acts 1989, No. 35, §1; Acts 1990, No. 89, §1; Acts 1995, No. 1251, §iv; Acts 1996, 1st Ex. Sess., No. 5, §ane, eff. April 23, 1996; Acts 1999, No. 1168, §ane; Acts 2004, No. 730, §one; Acts 2007, No. 62, §2; Acts 2008, No. 451, §1, eff. June 25, 2008; Acts 2012, No. 670, §ane; Acts 2015, No. 199, §1; Acts 2021, No. 124, §one.

NOTE: Acts 1996, 1st Ex. Sess., No. v, §1, adding Article 894(B) was retroactive to Aug. fifteen, 1995.

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Source: https://www.legis.la.gov/legis/Law.aspx?d=112888

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