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New Orleans Criminal Defense Attorney

 

 

 

DWI Attorney New Orleans

Specializing in Lewd Conduct and Public Intoxication


Lance J. Robinson is uniquely qualified to offer representation for your criminal case. Mr. Robinson is a member of Member of the National Trial: TOP 100 TRIAL LAWYERS and a Member of the Louisiana Association of Criminal Defense Lawyers.
 

New Orleans Municipal Court

We specialize in DWI, public drunkenness, public intoxication, lewd conduct, criminal trespass and a number of other criminal offenses.

Please contact our firm immediately to protect your rights. We can negotiate to reduce the charges.

 

What can my legal representation do for you?
 
• In New Orleans Municipal Court appear at your Court dates and your presence is not required (And if you live out of town you may not have to return to New Orleans)
• Protect your rights from the outset
• Review the evidence and determine what is inadmissible or inaccurate
• Investigate to find witnesses and documents that help your defense
• Negotiate to reduce the charges
• Negotiate to dismiss the charges
• Interview possible witnesses for the prosecution for errors and exaggerations
• Review documents of the prosecution for flaws and omissions
• Determine what experts may be needed for the defense and get them on board
• Negotiate a plea settlement with the prosecutor
• Try the case if necessary
• File the appropriate paperwork in most cases to expunge/clear the arrest/plea from your record
• Please Note: Under the New Orleans Municipal Code if you live out of town and have already plead guilty before leaving New Orleans it is possible in most cases to file a motion for a new trial, dismissal of your case and get the charges expunged off your record.

 

The decisions you make regarding this matter can affect the rest of your life. For instance, think about how a criminal conviction looks on your employment application. We believe that you should select an attorney to assist you in this matter and help you PROTECT YOUR RIGHTS. Call us at 504-465-0101 today to set up your free consultation.

It is crucial that your attorney be familiar with the Parish criminal court system. WE HAVE THE EXPERIENCE YOU NEED. We offer a FREE CONSULTATION. Our office will provide you with information on the Criminal Court system and the law relevant to your case. We believe you will find the information useful. In certain circumstances your attendance will not be required.

Furthermore, even if you live out of town, and have already plead guilty to a DWI or other offense before leaving New Orleans , it is possible in most cases, to get this conviction off your public record.

 

MUNCIPAL CHARGES
. SUBPART C. OFFENSES AFFECTING THE
GENERAL PEACE AND ORDER

PUBLIC INTOXICATION  Municipal Code § 54-405.   This ordinance provides:
It is unlawful for any person to appear in a public place manifestly under the influence of alcohol, narcotics or other drugs, not therapeutically administered, to the degree that he may endanger himself or other persons of property.

§103. Disturbing the peace
A. Disturbing the peace is the doing of any of the following in such manner as would foreseeably disturb or alarm the public:
(1) Engaging in a fistic encounter; or
(2) Addressing any offensive, derisive, or annoying words to any other person who is lawfully in any street, or other public place; or call him by any offensive or derisive name, or make any noise or exclamation in his presence and hearing with the intent to deride, offend, or annoy him, or to prevent him from pursuing his lawful business, occupation, or duty; or
(3) Appearing in an intoxicated condition; or
(4) Engaging in any act in a violent and tumultuous manner by any three or more persons; or
(5) Holding of an unlawful assembly; or
(6) Interruption of any lawful assembly of people; or
(7) Repealed by Acts 1979, No. 222, §3.
Whoever commits the crime of disturbing the peace shall be fined not more than one hundred dollars or imprisoned for not more than ninety days, or both.

B. Repealed by Acts 1976, No. 497, §1.
Amended by Acts 1960, No. 70, §1; Acts 1963, No. 93, §1; Acts 1968, No. 647, §1; Acts 1979, No. 222, §1.

4. CRIMINAL TRESPASS. 63. Criminal trespass. A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.C. No person shall remain

A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.
E. The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

(1) A duly commissioned law enforcement officer in the performance of his duties.
(2) Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.
(
3) Emergency medical personnel engaged in the rendering of medical assistance to an individual.
(4) Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.
(5) Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.
(6) Any person authorized by a court of law to enter or remain on immovable property.
(7) Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F.The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:
(1) A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.
(2) A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.
(3) Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.
(4) An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.
(5) The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.
(6) The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.
(7) Any candidate for political office or any person working on behalf of a candidate for a political office.
(8) The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

G. The following penalties shall be imposed for a violation of this Section:
(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.
(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.
(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.
(4) A person may be convicted of a second offense and any subsequent offenses regardless of whether any prior conviction involved the same structure, watercraft, movable or immovable property and regardless of the time sequence of the occurrence of the offenses.

H. The provisions of any other law notwithstanding, owners, lessees, and custodians of structures, watercraft, movable or immovable property shall not be answerable for damages sustained by any person who enters upon the structure, watercraft, movable or immovable property without express, legal or implied authorization, or who without legal authorization, remains upon the structure, watercraft, movable or immovable property after being forbidden by the owner, or other person with authority to do so; however, the owner, lessee or custodian of the property may be answerable for damages only upon a showing that the damages sustained were the result of the intentional acts or gross negligence of the owner, lessee or custodian.

I. A minor ten years old or younger shall not be arrested, detained or apprehended for the crime of trespass.
Amended by Acts 1960, No. 458, §1; Acts 1964, No. 497, §1; Acts 1981, No. 78, §1, eff. Jan. 1, 1982 ; Acts 1990, No. 870, §1, eff. Jan. 1, 1991 ; Acts 1991, No. 438, §1; Acts 1993, No. 887, §1; Acts 2003, No. 279, §3; Acts 2003, No. 802, §1 §56. Simple criminal damage to property

A. Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion.
B. Whoever commits the crime of simple criminal damage to property, where the damage is less than five hundred dollars, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both. Where the damage amounts to five hundred dollars but less than fifty thousand dollars, the offender shall be fined not more than one thousand dollars, or imprisoned, with or without hard labor, for not more than two years, or both.

Where the damage amounts to fifty thousand dollars or more, the offender shall be fined not more than ten thousand dollars, or imprisoned with or without hard labor for not less than one nor more than ten years, or both.

Amended by Acts 1981, No. 160, §1.

 §34.2. Battery of a police officer

A.(1) Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.
(2) For purposes of this Section, "police officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.
(3) For purposes of this Section, "battery of a police officer" includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

B.(1) Whoever commits the crime of battery of a police officer shall be fined not more than five hundred dollars and imprisoned not less than fifteen days nor more than six months without benefit of suspension of sentence.
(2) If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than one thousand dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than one year nor more than five years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
(3) If the battery produces an injury that requires medical attention, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year not more than five years, or both.

C. Repealed by Acts 2001, No. 944, §4.

§35. Simple battery
Simple battery is a battery committed without the consent of the victim. Whoever commits a simple battery shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.

Acts 1978, No. 394, §1.
 
 
 

Under the New Orleans Municipal Code, if your charges were dismissed or if we are able to get your charges dismissed, you can expunge your arrest off your public record. Your attendance will not be required. Furthermore, even if you live out of town, and have already plead guilty before leaving New Orleans, it is possible in most cases, to get this conviction off your public record. Under the Municipal Code, on a guilty plea in municipal court, a defendant may be entitled with certain charges, to a new trial and a dismissal of the case.

Below please find the relevant law that allows you to clear your record of an arrest and/or conviction off your public record for Municipal Charges:

LA R.S 13:2519 Procedure for granting probation to convicted defendants in Municipal and Traffic Courts of New Orleans

A. The judges of the municipal and traffic courts of New Orleans may in their discretion, and where the circumstances of the case merit it, suspend the execution or imposition of any sentence, or defer the imposition of same, in any case where the defendant has pleaded guilty or been found guilty of a misdemeanor in a case before them. This may be done even though the defendant has begun to serve the sentence. The period of probation during which the sentence shall be suspended or deferred shall be fixed by the court at not less than six months and not more than eighteen months.

B. During the period of probation the defendant may be compelled to report periodically to the court. Reasonable bail with good and solvent surety may be required of the defendant during the period of probation in a sum not to exceed five hundred dollars.

C. Sentence may be imposed or made executory at any time by the court during the period of probation, upon competent proof being presented to the court granting same that the defendant has been convicted of a new misdemeanor, or greater offense, occurring during the period of probation. No sentence imposed or made executory shall exceed one hundred dollars and ninety days imprisonment, the jurisdictional maximum which the court may impose.

D. Upon completion of the period of probation without a new conviction, the defendant shall be entitled, upon his application, to a new trial and a dismissal of the case.

Added by Acts 1964, No. 315, §1. T

La. RS 44:9 Records of violations of municipal ordinances and of state statutes classified as a misdemeanor or felony

A.(1) Any person who has been arrested for the violation of a municipal or parish ordinance or for violation of a state statute which is classified as a misdemeanor may make a written motion to the district, parish, or city court in which the violation was prosecuted or to the district court located in the parish in which he was arrested, for expungement of the arrest record, under either of the following conditions:

(a) The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or

(b) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

(2) If the court finds that the mover is entitled to the relief sought as authorized by this Subsection, it shall order all agencies and law enforcement offices having any record of the arrest, whether on microfilm, computer card or tape, or on any other photographic, electronic, or mechanical method of storing data, to destroy any record of arrest, photograph, fingerprint, or any other information of any and all kinds or descriptions. The court shall order such custodians of records to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agency's central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office. The original of this affidavit shall be kept by the court so ordering same and a copy shall be retained by the affiant agency which said copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal record keeping purposes to preserve the integrity of said agency's files and shall not be used for any investigative purpose...

NOTE: Acts 1996, 1st Ex. Sess., No. 5, amending R.S. 44:9(B), is retroactive to Aug. 15, 1995.

NOTE: See Acts 2006, No. 673, §2, regarding prospective and retroactive application of R.S. 44:9(J).

   

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