Louisiana Court Monitoring Report 2022

Key Findings & Observations

Continued

that law enforcement is the most effective method to stop drunk and impaired driving instances. for support of high visibility law enforcement. for mobilization with community partners to increase awareness about the continuing devastating consequences of drunk and impaired driving. for cases to be heard on their merits and not dismissed prematurely, which prevents the use of ignition interlocks; and for compliance with statutory requirements, which stipulate to the installation of ignition interlock devices in all vehicles driven by offenders. Mothers Against Drunk Driving reiterates its position: 11% of the cases were dismissed. A DWI/DUI could have been dismissed for many reasons, but the majority of our observations showed this was due to completion of a local diversion program. The Pre-Trial Diversion program in Louisiana is offered by most District Attorney’s offices and City Prosecutor’s offices. After an offender enters a guilty plea, they enter a contract with the District Attorney or Prosecutor and must meet the requirements of the program. Some of these requirements include alcohol and drug education courses, random drug testing, attendance at a Victim Impact Panel, community service, ignition interlock device installed in their vehicle, and unsupervised probation for several months. Court fees and fines are also required to be paid by the offender. Upon successful completion of the program, the DWI / DUI charges are then dismissed. One alarming trend that MADD Louisiana found in Tangipahoa parish was charges for a DWI with a BAC between .15 and .19 were reduced to a BAC under .15 if the offender pled guilty. Sentencing guidelines for DWI charges with a BAC reading of .15 to .19 require jail time of a minimum of 48 hours. This cannot be suspended. When the charge is reduced, the offender serves no jail time.

IF YOU OR A LOVED ONE HAS BEEN AFFECTED BY DRUNK OR DRUG-IMPAIRED DRIVING, MADD IS HERE TO HELP. CALL OUR VICTIM/SURVIVOR 24-HOUR HELPLINE AT 877-MADD-HELP (877-623-3435).

(1) Richard, C. M., Magee, K., Bacon-Abdelmoteleb, P., & Brown, J. L. (2018, April). Countermeasures that work: A highway safety countermeasure guide for State Highway Safety Offices, Ninth edition (Report No. DOT HS 812 478). Washington, DC: National Highway Traffic Safety Administration.

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