DWI laws are constantly changing due to the stringent lobbying in the Louisiana Legislature. As a result of these changes, Mr. Champagne is constantly researching and studying the amendments and modifications to protect his client’s best interest.
A 1st or 2nd DWI is a misdemeanor. However, a 3rd or 4th DWI is a felony. In order for the State to get a conviction on a 2nd, 3rd or 4th DWI, it has the burden of proving that the prior convictions were done appropriately under Louisiana Law. If these prior convictions were not proper, then the State cannot use them for enhancement purposes on the new charge. Proper motions and hearings are absolutely necessary to ensure that your Constitutional rights are protected.
Mr. Champagne takes every measure to assure that the State meets its burden.
Louisiana law allows the filing of an administrative hearing within 15 days of your original arrest. Mr. Champagne attempts to show proper procedure was not followed and your Constitutional rights were violated to reinstate your driving privileges.
This hearing also allows Mr. Champagne to review the police report prior to the court hearing. He feels that this is a necessary step in properly representing all DWI arrests.
Probable Cause Hearing
A police officer must have probable cause under both Constitutional and Louisiana law to pull you over. The State has the burden of showing that there was in fact probable case for the stop. By filing the appropriate motions and requesting a hearing, we are able to question the arresting officer regarding the initial stop.
If it can be shown that probable cause did not exist, then any evidence gathered during the DWI arrest would be viewed by the court as “fruit of the poisonous tree,” and therefore be inadmissible. This detailed representation leaves the State with little to no evidence to rely on for prosecution and is essential in properly defending all DWI charges.
Civil Forfeiture in a criminal arrest is becoming more and more of an issue after the arrest. It could be your vehicle, money, home and/or any other property which the State will allege is related to the criminal arrest. Proper pleadings and petitions are required to protect your best interest in all civil forfeiture cases. Mr. Champagne is fluent with these procedures and will explain them in detail at your consultation.
Per Louisiana Rules of Professional Conduct, description of our fields of practice does not state or imply certification, specialization, or expertise in any particular areas of law, unless a particular lawyer listed holds a certification or other expertise recognized by the applicable State Bar or regulatory authority. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. An attorney-client relationship with our firm can only be established through written contract with Matthew B. Champagne, Esq.