Frequently Asked Questions

 

Q: Will I have to go to Court if I retain you?

A: It depends. For most traffic matters, we can represent you at both the arraignment and the trial without your having to be present in court. However, in some cases such as DWI / DUI,  you may have to appear with us at the trial (although not the arraignment). It all depends on what you are charged with and what matters are pending in your case. Either way, we will always notify you ahead of time, as long as you keep us informed of your current address, email, and telephone number.

Q: What if I live out of state and got a ticket while in Louisiana?

A: We can handle the matter for you. We can handle the arraignment without your presence and, in most cases, we can handle the entire matter for you without making you travel back to New Orleans.  In some cases, such as DWI / DUI cases, you may have to appear at trial (although not the arraignment).  However, in most traffic ticket cases, we can handle all of your court appearances for you.  Of course, we will never take any action on your case without your knowledge and authorization.

Q: How much will it cost to have you represent me in court?

A: It depends.  We represent all traffic ticket and DWI / DUI clients on a flat fee basis, which means that we let you know up front what you will have to pay for our representation of you.  Our standard fees for DWI's are listed on our DWI Fees page.  Give us a call or send us an email and tell us what you are charged with. We will be happy to tell you how much your case will cost you. For most of our clients with traffic tickets, the money they save in fines more than pays for our attorney's fees--not to mention the hundreds or thousands of dollars they save down the road on insurance premiums! Initial consultations are always free!

Q: If I just pay my traffic ticket fine instead of fighting the ticket, will my insurance rates go up?

A:  If you simply pay your  fine, you are pleading guilty.  Guilty pleas on moving violations are reported by the state to your insurance company as and may be used by the insurance company as a basis for increasing your insurance rates.  It is usually "penny wise and pound foolish" to simply plead guilty to a traffic ticket offense, as the money you spend on increased insurance rates down the road would probably  far exceed any attorney's fees you paid.  Additionally, while we cannot guarantee any result, our track record of getting our clients' cases dismissed or greatly reduced speaks for itself and we are proud to say that the money most of our clients save in fines alone exceeds our fees.  Lastly, as any reasonable person would tell you, it is simply always a bad idea for anyone to go to court without their own lawyer--ever.

Q:  If I got a ticket in connection with an accident, does that mean I can't sue for my injuries, or that the person who I wrecked into will automatically win their lawsuit against me?

A:  If you were injured in an accident, you can still sue even if you were the party that got the ticket. And, just because you got the ticket does not necessarily mean you will lose a civil lawsuit, or that the other driver will win a civil lawsuit. Negligence will have to be proved in a civil suit for damages regardless of who got the ticket at the accident scene. Remember, however, that the ticketing officer may testify at both trials, so it is very important that you are represented by an attorney in both matters. If you were injured in an auto accident, give us a call. 

Q:  I was charged with DWI, but did not take the "breath test"? Am I guilty?

A: You're never guilty until you either enter a plea of "guilty" or are found guilty by a judge after your case is tried in open court. The prosecutor has to get the police to come to court to testify against you and must prove your guilt beyond a reasonable doubt. The Intoxilyzer (sometimes called the "breath test") is evidence the prosecutor can use against you if you took the test. You are not automatically guilty if you took the Intoxilyzer test and tested over the legal limit.  By the same token, if you didn't take the test, that does not necessarily mean you will be found not guilty either.  Either way, there will have to be a trial to prove your guilt or innocence, unless we can come to a mutually-agreeable plea arrangement between you and the prosecution. Whether you took the test or not, we promise to vigorously defend you and protect your rights to the fullest extent of the law at all times!

Q:  Will I have to testify at trial?

A:  You have the right to testify (or not) in your own defense, and when you take the stand the judge must listen to your side of the story. If you testify, the prosecutor gets to cross examine you. If you try the case yourself, you must cross examine the police. So, I would give some intense thought to hiring an attorney.

Q: What happens if I forgot about my "court date" and I didn't even go to the courthouse on the date I was given by the police? Am I going to jail?

A: Again, as with many things in life, it depends. It's not a "sin" to miss your court date: what gets you into trouble is doing nothing about it after-the-fact! Being helped by an experienced attorney to explain your tardiness and possibly prevent you from being arrested on the spot might be something you want to consider. It will always be to your clear advantage to avoid the humiliation of being arrested and the loss of work or other valuable time and extra expense.

Q: Why do I need an attorney if I know I am guilty (I actually was, for example, speeding)? Shouldn't I just pay the ticket and take my punishment like an adult?

A: Questions of conscience are for you to wrestle with after you've gotten the final word from someone you trust, so speaking to an attorney might be a good idea. But, ultimately it's your decision. Some things to think about are your prior convictions or guilty pleas, your insurance premium, and the consequences to your driving record (which can often affect your employment future). If you received several tickets from a single incident, you may want to talk to us about what to expect if you simply write a check without thinking about consequences. You may need our services without even realizing it. You might have an outstanding traffic offense without even knowing it. You may need advice about how to plead or what to do (here's a no-so-subtle hint: if you don't know what to do, maybe you need a lawyer who does). Or, you might want us to handle the whole thing for you so you won't ever have to go to court since we're going for you instead. Knowing your options and some of the likely scenarios WILL make your decisions easier.

Q: Will I lose my driver's license if I plead guilty?

A: Not necessarily. But, you may lose it for other reasons. Some offenses carry mandatory suspension, some carry suspensions which the Court may either impose or waive, and some are not sanctionable by suspension of your license at all. Sometimes, suspension depends on your prior driving record.  Many factors come into play, all of which we will discuss with you before we go to court.  We know the law and we will let you know all of the possible (and likely) consequences of all your options, including pleading guilty and/or pleading guilty under a plea agreement. 

Q: If I am found guilty, will I have to do "community service" or go to jail?

A: Possibly but not necessarily, as it depends on the charges against you and your driving record (which the prosecutor definitely looks over in advance of your trial). We will need to talk about your prior record as a driver and defendant. Sometimes, these and other sentences may be negotiated but nothing can or will be guaranteed by this office, except our experience. Regardless of your particular situation, your approach should be to consult an experienced attorney and follow his or her advice. They can't put you in jail for having a "game plan".

André Guichard, Attorney at Law, LLC