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Michael Bradley
Michael Bradley,
Category: Military Law
Satisfied Customers: 1066
Experience:  Owner at The Protection Group LLC
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Have to go to court over a 30mph. Would that affect my

Customer Question

Have to go to court over a 30mph. Would that affect my military career?
JA: Since laws vary from place to place, what state is this in?
Customer: Louisiana fort polk
JA: Have you talked to anyone in the chain of command about this?
Customer: No just got it today
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just trying to figure out if that will affect me?
Submitted: 1 month ago.
Category: Military Law
Expert:  Michael Bradley replied 1 month ago.
It could potentially. You need to plead not guilty and go to court to see if the speed can be reduced. Most officers are willing to reduce the speed to save you money. Military may institute discipline for the infraction. Probably nothing too serious if this is your first infraction.
Customer: replied 1 month ago.
I live in Louisiana. Anything serious offense I should concerns about? What kind of offense I'm looking at?
Expert:  Michael Bradley replied 1 month ago.
To be safe I would notify your superior as 30 over the limit significant. Military wise they will wait to see what happens in court but I would guess some sort of informal punishment.
Customer: replied 1 month ago.
What could possibly happen in court? I mean what am I looking? What can happen in a situation like this?
Expert:  Michael Bradley replied 1 month ago.
Louisiana driver's license as well?
Customer: replied 1 month ago.
No I have a Florida drivers license. Truth is I thought the speed limit was 70 not 55.
Expert:  Michael Bradley replied 1 month ago.

LA has serious speeding consequences. I would retain an attorney or at a minimum talk to a JAG attorney

Louisiana is one of the states in the US with absolute speed limit laws. You cannot work around this law. If the speed limit on a particular street is 40 mph and your speed is 41 mph, then you are violating the law and the traffic cop could stop you and issue you a speeding ticket, although the likelihood of this is pretty low. You can drive 5 mph over the speed limit for the most part anywhere and probably even a little more before you need to think about this as long as you are still driving safely, using your turn signal, and cooperating with other drivers.

The speeding law states the following: “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and potential hazards then existing, having due regard for the traffic on, and the surface and width of, the highway, and the condition of the weather.” [LA §32:64(A)]

There are speed limits for different areas. These limits are as follows:

  • 70 miles per hour along other interstates and highways with controlled access
  • 65 miles per hour on multi-lane highways that are divided have no controlled or partial access
  • 60 miles per hour on freeways and urban interstates
  • 55 miles per hour on undivided two-lane roads and other highways

The speed limit in school zones and residential area vary and usually are posted so that drivers know at what speed to drive.

It is prudent to remember that Louisiana does follow a point system that is prevalent in many states. Instead, it provides information to the National Driver Registry of suspensions, cancellations, traffic violations, revocations, and so on. Hence, your traffic violations will be available on this registry for any state authority to check. If you have excessive violations to your name, your license can be suspended

As stated earlier, if you accumulate too many traffic violations, your license will get suspended. In fact, each subsequent infraction attracts a harsher penalty. Typically, license suspension is the most common penalty meted out. Once your license is suspended or revoked, you will not be able to drive your vehicle until you fulfill certain requirements. It is only after that the authorities will return your license.

Remember, if you get a speeding ticket and pay the fine, your insurance company will hike up the premium and this will cause your insurance payments to rise significantly.

In case you are younger than 21 and love driving like a Formula 1 driver or Dominic Toretto, you could end up with a restricted license or it being suspended.

  • If this is your first offense, your license could get suspended or revoked for 180 days.
  • In case it is your second offense, you can kiss your license goodbye for 365 days.

If your case goes to court, the judge may decide to let you finish a defensive driving course. This decision is based on your driving history and the reason for getting a speeding ticket. A defensive driving course can sometimes be the best option as you can avoid adding points to your driver’s license and the court will also dismiss the speeding ticket.

The absolute speeding law in Louisiana makes it difficult to fight speeding tickets. The moment you pay the fine, it is viewed as an admission of guilt. However, you can fight the speeding ticket in the following manner:

  • Written Declaration Trial: Rather than appearing in court, you and your lawyer write your individual argument and send it to court or you can write it yourself if you want but you may want some legal help here. Based on the two written accounts (yours and the police officers), the judge decides whether you are guilty, not guilty, or can be let off with a reduced fine.
  • Go to Court: If you go to court, you will need a qualified and astute traffic attorney at your side to fight your case. This could be the best option if you are facing license revocation or you have multiple speeding tickets to your name.

Regardless of which method you choose to fight speeding tickets in Louisiana, it is prudent to hire a Louisiana traffic attorney, who specializes in fighting speeding tickets. With a professional at your side, it will offer you peace of mind and also increase your chances of winning a favorable judgment.

Customer: replied 1 month ago.
What's the worst that could happens though? License revoked? Suspended? Pay a big fines?
Expert:  Michael Bradley replied 1 month ago.

not revoked unless you have a history of speeding

Penalty for exceeding the speed limit in Louisiana

First-time violators may:

that is why I think it is a good idea to talk to an attorney

those are the worse case scenarios but I would not go to court alone

  • Be fined up to $175 (plus a $5 fee to fund the Traumatic Head and Spinal Cord Injury Trust Fund)

  • Be sentenced to up to 30 days of jail time

  • Have their license suspended for up to one year

Expert:  Michael Bradley replied 1 month ago.
not revoked unless you have a history of speedingPenalty for exceeding the speed limit in LouisianaFirst-time violators may: that is why I think it is a good idea to talk to an attorneythose are the worse case scenarios but I would not go to court aloneBe fined up to $175 (plus a $5 fee to fund the Traumatic Head and Spinal Cord Injury Trust Fund)Be sentenced to up to 30 days of jail timeHave their license suspended for up to one year
Customer: replied 1 month ago.
I'm supposed to get deploy soon anything I could do to move the court date sooner?
Expert:  Michael Bradley replied 1 month ago.

you would need to contact the court and explain the situation to see if thy can move it up

talk to the clerk that handles traffic matters

they will probably be accomidating