An email being circulated by a Caddo public defender advises that that all persons charged with a DWI now have the right to a jury trial. Here is the scoop from that email.
HB 403 was signed into law and became effective on June 8 of this year.
This bill sets mandatory additioanal fines to support the Louisiana Emergency Network to DWI and Speeding cases. The statutory maximum fine of $1000 is bumped up by an additional $25 on a DWI first offense and a $50 on a second offense.
The Criminal Code of Procedure provides that a defendant charged with a misdemeanor is entitled to a trial by jury of six jurors if the fine may be in excess of $1000.
Louisiana city courts are specifically excluded by statute from having criminal or civil jury trials.
That means DWI defendants in city courts can now opt for a jury trial. Then their case is transferred to district court.
Currently city courts have jurisdiction over DWI first and second offenses for arrests made in the respective city limits. Now these cases may end up in district court.
This right to a jury trial could substantially reduce the criminal caseload in city courts--and the revenues realized by the courrts and the city marshals from fines. And likewise the case load of parish district attorneys and district courts could be substantially increased.
Local city attorneys and city court judges are scrambling to resolve this issue.
John came to Shreveport in January of 1977 when he was transferred to Barksdale AFB.
He’s been active in Shreveport politics since deciding to make Shreveport his home.
John practiced law for 40 years and he now monitors local politics. He regularly attends Shreveport City Council and Caddo Parish Commission meetings.
John is published weekly in The Inquisitor, bi-monthly in The Forum News, and frequently in the Shreveport Times.
He enjoys addressing civic groups on local government issues and elections.