New Orleans Criminal Law

Warrantless Search and Seizure of Videos from Taxicab’s in New Orleans and Why you Should Care

crescentcitylawfirm — Thu, 16 May 2013 19:01:31 +0000

While doing some research for one of my clients, I came across the article below (copied in its entirety). This subject has bothered me a lot recently because of people’s rights being infringed upon after the Boston Bombings, the Connecticut Shootings, and more recently in New Orleans in pursuit of a cab driver who was accused of rape. It bothers me because many Americans, but not all, are far too willing to give up their rights in a “State of Emergency.” I am not comfortable with warrant-less searches and seizures and this article brings out some negative consequences of them:

BLOG.PAULSTAXI.COM: NEW ORLEANS REFORMS THE CAB INDUSTRY…. OH BOY!

NEW ORLEANS REFORMS THE CAB INDUSTRY…. OH BOY!

Welcome to New Orleans, one of America’s oldest ports, and known for its jazz, its cuisine, its ability to get smashed by hurricanes, and of course, its taxi services. These plucky cab drivers put up with locals and tourists, business people and students, and do it with a charm, style and grace that is uniquely the province of cab drivers. Just like cab drivers anywhere else. And like cab drivers anywhere else, they are beset on all sides by the nanny state. In this case, it is the Taxicab and For Hire Vehicle Bureau.

The Superbowl is scheduled to be played in New Orleans in February of 2013, and in a spirit of improvement, the city council of New Orleans, led by the indefatigable Mayor Mitch Landrieu, has passed a number of new regulations on taxicabs. According to Mayor Landrieu, as quoted by The Loyola Maroon, “This is not an assault on the thousands of taxicab and for-hire drivers who serve as important frontline ambassadors for our city and region. But in order to enhance our position as an international travel and business destination, we must improve taxicab service in New Orleans. My goal is to achieve a complete transformation by Superbowl XLVII in 2013.”

The transformation he wishes to see is that all the taxis in the city of New Orleans be upgraded. The new city ordinances, passed back on April 19^th, and due to take effect on August 1^st states that all taxis must be 11 years old or newer starting with the effective date of the new city ordinance, and 7 years of age or newer beginning January 1, 2014. In addition, all cabs must carry new equipment and signage. This equipment includes security cameras, GPS systems visible by the passengers, and point of sale terminals for taking credit cards. “The city believes that these reforms will benefit residents, the tourism industry, and even business and safety for the drivers,” gushes the Maroon.

The cab industry is complaining about these new regulations. They are far too expensive, they say. The Maroon quotes Syed Kazmi, the president of United Cabs, as estimating “these reforms will cost taxi cab drivers $30-35,000. Kazmi owns five Certificates of Public Necessity and Convenience, [New Orleans equivalent of taxi medallions] permits which give him the right to pick up fares, so he could be facing a $150,000 tab.” The owner of Nawlins Cab, Sheree Kerner, told the New York Times that new vehicles would cost between $25,000 and $30,000 each. The drivers are upset as well, especially the owner operators who have to finance these new upgrades out of their own pockets. The cabbies and company owners were so upset, that they sued the city of New Orleans to block implementation of the new regulations which were to go in effect August 1.

But the cabbies are complaining for the wrong reasons. It’s not just that the city is requiring them to buy new equipment. In fact, the cost of the new equipment and taxi upgrades is not nearly what the cabbies say they are. A brand new, state of the art security camera that meets all of the parameters set forth by the new regulations is only about $300. And even the most expensive item on the list of government mandated “improvements”, the upgrade to newer taxis, is not as bad as the cab companies and owner operators would have people believe. According to Kelly Blue Book, a 2008 Ford Crown Victoria LX (a very good choice for a taxicab), sells for $9,000 to $11,000. And they can be purchased at auction for several thousand below book value. This is a far cry from the $25k to $30k claimed by Ms. Kerner. Nonetheless, the lawsuit went forward, and an injunction was granted, blocking the city from implementing the new “reforms”. It is doubtful, however, that these regulations will be blocked permanently however.

It is just too bad the cab drivers are complaining about the wrong things.

First is the attitude of the Mayor. Acting like the city is his personal fiefdom, the mayor announced to the Loyola Maroon, “My goal is to achieve a complete transformation by Superbowl XLVII in 2013.” And just how is this arrogant achievement to be attained? James Garner (not the actor who has actually done some productive things with his life) an attorney for the City of New Orleans was remarkably candid. He said in open court, “We are using the city’s police powers to say we will have certain amenities for customers such as credit card machines and cameras in the cabs for better security.” How very nice of the city to use GUNS to provide amenities for the people of New Orleans. What next? Grenades through the windows of restaurants that choose bar soap over liquid soap in the lady’s room? Where exactly does this provision of “certain amenities” at gunpoint stop? Shall the city government bayonet the hotel staff if they forget to put a chocolate truffle on a newly made-up bed?

I agree that taxicabs should accept credit cards. I have been doing so at my company for as long as I have been in business. However, many drivers do not want to pay the exorbitant fees charged by the banks, and so decline to accept credit cards. Why can’t that be their choice? After all, it is the dollar bills that say “legal tender for all debts public and private”, NOT the credit cards. And is it really all that hard to stop at an ATM? Which brings us to a very salient point: Who owns the taxi cab? It certainly is not the city of New Orleans government. Nor is it the Mayor himself, or his lawyerly little side kick Mr. Garner. The cab company owns the cab. And it should be the cab company who decides what form of payment to take or not take. If the driver or the cab company choses to accept Thai Bhatt or livestock in trade, what business is that of the city council?

Oh, but it is public transportation.

Really? No, a taxi is NOT public transportation. “Public” things are owned and operated by a government entity; not an individual. Such items include public parks, or public buildings, or public buses. But not taxicabs. They are private property owned by private individuals and private companies. The government has no more business sticking objects in my property than it does putting spy cameras in the men’s room of Starbucks. When the city government pays for the oil changes, and the brake pads, and the gasoline, like it does for public busses, then I might concede that they are “public” transportation. Just because random individuals use my services does not make my cars property of the city.

As with many idiotic and ill-conceived city ordinances, the devil is in the details. And looking at the details, the New Orleans taxi ordinance is downright scary.

The rules for these new security cameras to be forced upon cab companies are covered in New Orleans Municipal Code Sec. 162.660. In careful detail it spells out all the parameters for the new security cameras that the cab companies will be forced by the city’s “police powers” to provide. The list is fairly exhaustive and rather technical, leading me to believe that it was drafted with more than a little “help” from a vendor or manufacturer of these devices, since your average city employee couldn’t find his own rear end with a map and both hands in his pockets. But the scary part is the next section down.

Sec. 162-660 par. (3) states “Use of digital still or video images. Access to any recorded image of persons in a taxicab is prohibited except by the taxicab and for-hire vehicle bureau or the New Orleans Police Department. Violation of access to images shall result in revocation of a CPNC and/or driver’s permit.”

Think about it: Even though the cab companies must pay for the cameras, must pay for their installation, must assure their working order, ONLY the city of New Orleans employees will have access to the videographic records recorded by them. Assume that a taxi company decided voluntarily to install its own cameras in vehicles for driver safety and quality control. If the taxi company received a complaint about a driver’s behavior, the road manager could look up the proper footage on the video, and instantly determine if the driver was behaving badly, or if the passenger was out to lunch. Not with this system. With this system, it would be illegal for a company owner to access information gathered by his own machines.

Furthermore, paragraph (9) of the ordinance states “If bureau personnel or a New Orleans Police Department official requests access to any record produced by the digital security camera systems to assist in the investigation of any complaint or crime, the taxicab company must provide access to the record within 24 hours. Records may only be accessed by bureau personnel or a New Orleans Police Department official, and only when a bureau complaint number or police complaint number has been generated.” Note that this does not require a warrant or a subpoena at all! Simply a complaint! Talk about violations of the Fourth Amendment

And there are all kinds of opportunities for abuse. I have had passengers discuss very important business details, and all manner of personal things in my taxi. With a government employee only required to generate a “complaint number”, this information is readily available to any drone who goes to work at the Taxi and Hired Vehicles Bureau. And while there is punishment aplenty for cabbies and road managers who view their own videos without authorization, the city ordinances provide no consequences for city employees who do the exact same thing.

Then there is the credit card point of sale terminals required in each taxi. As well as the forced installation being just as much a violation of the cab owner’s property rights, this provision is subject to its own brand of government stupidity.

First is the required location of the terminal. Sec.162-159 par.2 mandates: “All [credit card terminals] must be bolted to the head rest or in an area approved by the bureau in the passenger compartment.” Now, anyone who knows anything at all about cars realizes that the back of the front seats and the head rests are padded for a reason. In a crash, the body of a rear seat passenger is thrown forward. If he is not wearing a seat belt, his face will hit the back of the seat in front of him. What better place to put a heavy metal object then right where the passenger’s face will land in a crash! This is the exact same problem caused by the non-bulletproof partition in New York’s taxi fleet.

But not only that, Sec.162-659 par.(8) states “The bureau shall have unlimited online access to all information collected by the PIM.” You get that? If you use your credit card in a taxi in New Orleans, the Taxi and For Hire Vehicle Bureau can access all your purchase information at any time without any oversight whatsoever. And that makes perfect sense because no city of New Orleans employee has ever been arrested for anything. They are all paragons of virtue.

NOT!

My advice to anyone who goes to New Orleans is very simple. If these city ordinances take effect, and you find yourself in a New Orleans taxicab, mind what you say. City employees will be listening and watching. And be careful not to sit in the rear seat with the credit card terminal. If you do sit there, wear your seat belt… tightly. Last, don’t ever use a credit card to pay for a taxi in New Orleans. You don’t know who will have access to your numbers. Pay with cash. There are ATMs everywhere.

My advice to cab company owners in New Orleans is simple too. Stop letting these fools in government push you around and stomp all over your property rights. Don’t you realize that a mere 4 taxicabs driving abreast on the 10 at rush hour at about 25 mph will practically shut down the entire city, and be an incredible protest? Yes, it is expensive to follow these new government regs. But it is expensive in many more ways than just the money. It isn’t always “all about the Benjamins”.

My advice to cab drivers in The Big Easy: Any time anyone wants to pay with a credit card and wants to use the government approved, government spied upon terminal, remind the passenger that the Taxi Bureau has UNLIMITED access to this transaction information. You’ll never have to accept plastic again. Also, wait until you get some city official or some high muckity-muck in your cab. Then talk him into saying something incredibly compromising or embarrassing. It is very easy to remove a video camera SD card and download the video to YouTube. The first one to post a video like this will get bragging rights for having gotten the damn big brother machines out of the cabs.

As always, if you feel that you need a lawyer or that I can help, please do not hesitate to contact me.

Operating a Vehicle While Intoxicated: What to Expect from a DWI in Louisiana (Part 2 or a 2 part article)

crescentcitylawfirm — Mon, 13 May 2013 20:31:41 +0000

Last week, I wrote about what happens before, during, and immediately after you arrested for DWI in Louisiana as a result of a charge for operating a motor vehicle while intoxicated. I ended last week’s post at the point where you are released from jail. This week, I’m going to talk about what you need to do in order to beat the charges against you and hopefully get an innocent verdict.

Photo by Kay T on Picasa

How Do I Beat a DWI Charge in New Orleans or Louisiana?

By hiring an experienced New Orleans DWI lawyer, you have the opportunity to fight the DWI violation you were recently charged with. You want to consider hiring a lawyer who specializes in drunk driving charges in New Orleans immediately. The first step you will take is to apply for an administrative hearing within 15 days of your arrest to determine whether you will be able to maintain your driving privilege. This hearing will also help your DWI lawyer get necessary information by questioning police officers who arrested you while they are under oath.

How Much Will a Lawyer Cost?

Getting arrested or charged with a DWI is a scary situation and can cause anxiety on all levels. One of the most largest impacts will be on your finances. When you hire a lawyer to help fight your DWI charge, there are a few factors that are taken into consideration to determine how much it is going to cost you. Each lawyer may have a different billing method, the rate will fluctuate from lawyer to lawyer, how much additional legal expenses there might be like filing and court fees, and the length of time it will take to resolve your DWI case. Your lawyer may charge an hourly rate or may charge a flat fee. A flat fee is based on how long the lawyer believes it will take to fight your case from start to finish. This will also depend on whether you choose to plead guilty or not guilty. Some additional legal expenses may include additional personnel such as investigators, paralegal, expert witness, travel-related expenses or even photocopying.

Is it worth fighting your DWI charge?

Absolutely. When you are charged with drunk driving, there are hidden costs like insurance increases or driving classes. If you are convicted for drunk driving 3 or more times, you can lose your vehicle, your driving privileges, and essentially curtail your constitutional rights. Even one DWI conviction can having serious consequences at your job and will result in a criminal record.

Photo by Kay T on Picasa

First Offense DWIs in Louisiana: Potential Penalties & Opportunities

Whether you were involved in a car accident, people sustained injuries or you were simply pulled over for suspicion of drunk driving, there are many potential penalties if you are convicted of a DWI, even if it is a first offense. This is one very good reason you should hire a confident Louisiana DWI attorney. If you are convicted for a first offense DWI, you run the risk of having your driving privileges suspended for up to 90 days, spending up to six months in jail and up to a $1,000 fine in addition to court fees. The good news is that I can help you fight all these charges. During the administrative hearing, a lawyer can learn whether the arresting police officer followed all proper procedures. This could help to initially determine whether your driver’s license will be suspended. I can also help keep fines down and most importantly keep you out of jail.

What Happens While I Wait for Trial?

If your driving privileges are revoked, you may be eligible for a hardship license. In order to receive a hardship license, you may have to install an ignition interlock device in your vehicle by a state approved installation center. You will also have to complete an SR-22 with the State, and pay required fees. First time offenders who refuse to submit to a breathalyzer will have their driving privileges revoked for 1-year. If your driving privileges are not revoked, you may have to wait from your criminal hearing, but you can ease your worries as this means they have little evidence to charge you with DWI. This does not mean you will not be convicted, but it is a possibility for acquittal.

In addition to your driving privileges, the court may require you to attend substance abuse evaluations, driver improvement courses, Alcoholics Anonymous (AA) meetings, and participate in community service. All of these will cost you money, but successful complete may help you avoid higher fines, court fees, or a conviction after trial.

Photo by Ed Fogle on Picasa

Drunk Driving Pleas & Ways to Beat a DWI in Louisiana

It is possible to receive a “wet reckless” or reckless driving conviction as a result of a plea bargain. A reckless driving conviction is considered a reduced charge to a DWI. Additionally, there are opportunities for your lawyer to determine whether you are being wrongfully charged for a DWI. Some opportunities include:

Stopping a Person or Vehicle Illegally: In Louisiana, law enforcement must have a reasonable and articulate basis to believe that a driver of a vehicle has violated a traffic law or other law in order to be pulled over and stopped.
Sobriety Testing: The field sobriety tests are never 100% accurate and therefore cannot be validly judged by these tests.
Providing a “Speedy Trial” in Louisiana: You, as the driver and defendant must be provided a trial within a specific period of time or else your charges could be dismissed.
Failure of Mirandize: If an officer failed to issue Miranda Rights to the driver, then any statements used by the driver cannot be used as evidence in a court of law.

These are just a few out of many opportunities and reasons why you may not be convicted of a DWI even if you were charged with the crime. Through my knowledge of the law, and experience with many types of clients, I am confident I will be able to help you with your DWI charge whether in New Orleans or in the surrounding Louisiana areas.

Multiple Offense DWIs in Louisiana

I have defended many clients with multiple DWI charges. What can you expect if you are convicted of multiple DWIs? Some of the penalties in Louisiana could include:

Driving privileges suspended for up to two years
Court Required Sobriety
Mandatory jail time
Up to 30 years in prison depending on the repeated number of offense
Possible loss of vehicle
Possible fines up to $5,000
Possible home confinement
Possible substance abuse education or outpatient programs
A possible felony criminal record
Community service

Call an Experienced DWI Lawyer Now

Again, you have many opportunities to lessen a charge or have a DWI charge dismissed due to the many opportunities presented in and surrounding your case. If you have recently been released from jail as a result of a drunk driving charge in New Orleans, take a few minutes to call me at (504) 264-9492 or (866) 459-4478 for a free consultation. I am ready to take your call or e-mail and eager to help you lessen or beat your charge. There is no need to worry if you take the time to speak with an experienced drunk driving lawyer; I am here to answer your questions and take the next steps towards fighting your DWI charge.

What Can You Expect If You’re Pulled Over in New Orleans for DWI & DUI (Part 1 of a 2 part article)

crescentcitylawfirm — Tue, 07 May 2013 18:02:45 +0000

New Orleans and Southern Louisiana are known to permit open containers in public, allow bars to stay open 24 hours a day, and even have drive-thru daiquiri shops. Unfortunately, these may be a cause of increased incidents of drinking and driving, which lead to a number of negative consequences from auto accidents, DWI charges, and injuries or deaths. As a New Orleans attorney, do not drink and drive is the best advice I can offer. Unfortunately, not everyone adheres to my advice and people do drive after they have had more alcohol or drugs than they should because they believe they are not impaired. Many of those who drive after one too many are caught by local law enforcement.

What is the Difference Between a DUI & DWI?

Essentially the only difference between Driving Under the Influence (DUI) and a Driving While Intoxicated (DWI) is the way it is phrased. In Louisiana it is generally referred to as a DWI and means: the illegal driving of an automobile, truck, aircraft, boat or vessel while impaired by alcohol and/or drugs. If you are pulled over in New Orleans for suspicion of a DWI and charged by law enforcement for a DWI they will call it “Operating a vehicle while intoxicated.”

Photo by Ed Fogle from Picasa

What is the Legal Drinking Level for Driving in Louisiana?

When you drink alcohol, your body records a blood alcohol concentration (BAC) that determines how much alcohol is in your body’s system based on the weight per unit of volume. Sounds confusing, right? Well, the simple way to put it is:
How much did you drink?
How fast?
How much do you weigh?

These are approximate blood alcohol charts for men and women that you can follow. In Louisiana, if you are under the age of 21, you are considered above the legal limit while driving if your BAC is .02 or higher. If you are 21 or older, then you will be charged with a DWI if your BAC is .08 or higher. How do you determine what your level is? If you are an adult of 21 years or old, and your BAC is under .08, then you can still be charged with a DWI if the police believe you have mixed your alcohol with other drugs or medications, or the officer believes that you are impaired as a result of your alcohol consumption. In other words, even if you blow below a .08, you can be arrested and convicted for DWI in Louisiana.

Implied Consent Law: What Will Happen if I Am Pulled Over for Drinking and Driving

When you’re pulling over as a suspected drunk-driver, the police will be conducting an investigation against you. As such, everything you say or do can, and will, be used against you as evidence. Remember: You always have the right to refuse to do or say anything which may incriminate you. One of the most important pieces of information to know before you get behind the wheel of a car in New Orleans, in Louisiana, or really anywhere in the United States, is that if you are a licensed person operating a vehicle, you are automatically consenting to an approved chemical test, whether it is blood, breath or urine, in order to show law enforcement to obtain evidence of your intoxication. It is called the “implied consent law.” Pursuant to La.R.S. 32:661:

Any person, regardless of age, who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of R.S. 32:662, to a chemical test or tests of his blood, breath, urine, or other bodily substance for the purpose of determining the alcoholic content of his blood, and the presence of any abused substance or controlled dangerous substance as set forth in R.S. 40:964 in his blood if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while believed to be under the influence of alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964.
The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person, regardless of age, to have been driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of either alcoholic beverages or any abused substance or controlled dangerous substance as set forth in R.S. 40:964. The law enforcement agency by which such officer is employed shall designate in writing and under what conditions which of the aforesaid tests shall be administered.

If you consent to blowing for a breathalyzer test in Louisiana, and your BAC is below .08, there is a chance that your license will not be suspended. It is possible that if you blow under a .08, you will be released from police custody, however release is not guaranteed. If you consent to blowing into the breathalyzer test in Louisiana and your BAC .08 or higher, then your license will be suspended for 90 days and you will be arrested for DWI. If you do not consent to blowing for a breathalyzer, then your license will be suspended for 365 days and you will be arrested for DWI.

In addition to the breathalyzer test, the officer will ask you for your driver’s license, insurance, and registration, just like any other traffic stop. It is important to have these documents ready and current. The police will also ask whether you’ve had anything to drink recently. My best advice is to answer to the questions of the law enforcement, but remember your rights: You always have the right to refuse to answer questions which might incriminate you.

Do not get out of the car unless you are asked to by the officer. In the event a field sobriety test is conducted, REMEMBER YOUR RIGHTS! The ‘science’ behind field sobriety tests is not perfect. These tests are subjective ways for the officer to compare your drunken activity to a sober person. However, since the test is subjective both for you and the officer, there is no sure way to beat these tests. Personally, I would not recommend submitting to field sobriety tests, but I am confident that if you refuse to do them, you will spend the night in jail.

Who Should I Contact if I am Pulled Over for a Suspected DWI in New Orleans?

If you are pulled over by law enforcement for a suspected DWI in New Orleans, you will be brought into custody at the local parish prison or jail. There will be many thoughts going through your mind at this time. The most important concern will be when and how you will get out of jail? If you’re one of the lucky few, then you’ll be able to post a cash bond on your own. If not, then you’ll be calling family and friends to post bail. You may also want to call a Confident New Orleans DWI Lawyer, like myself. As a New Orleans traffic attorney, I am here to help you in a time of need and I may be able to secure your release from jail without having to put up a bond or bail. Feel free to contact me via e-mail or telephone at (504) 264-9492 or (866) 459-4478 for a free consultation to discuss your DWI arrest in Louisiana.

Now that you’re out of jail, we can talk about Part II of a DWI next week.

Why Should I Hire a Lawyer to Fight My Traffic Ticket

crescentcitylawfirm — Mon, 29 Apr 2013 19:00:53 +0000

I’ve heard from many people who can’t decide whether to hire a lawyer to fight their traffic ticket. Most people believe that they are automatically as a result of a ticket and there is no use fighting the ticket. This is false. You can fight every traffic citation your receive. As an experienced traffic ticket attorney in New Orleans, I can tell you there are a few good reasons why you should hire a lawyer to fight your traffic ticket.

What Reasons Do I Have to Hire a Lawyer to Fight My Traffic Ticket?

Depending on the traffic violation, you may have a lot to lose. In addition to hefty fines, you may face jail time, loss of driver’s license, higher insurance rates or even loss of employment. Because of these consequences, you may want to consider hiring an attorney to help you with an alternative to pleading guilty:

a. Diversion: Some Louisiana courts offer a Diversion program for eligible drivers charged with specific traffic violations. The Diversion program is designed to promote community stability and responsible living. Once you have completed Diversion, your case is often dismissed by the prosecutor. Diversion is great because the ticket is completely dismissed, you don’t have to pay any criminal fines, won’t have the ticket reported to your insurance, and does not appear on your driving history. One draw-back is that diversion still costs a nominal civil fee.

b. Reduced Charges: A traffic ticket attorney could help you see reduced charges from the original fine on your traffic violation. Most often this means getting a moving violation (like a speeding ticket) reduced to an equipment or seat-belt violation (non-moving/civil penalties). Reductions like these also mean that the moving violation is dismissed, is not reported to your insurance, and you have to pay a civil fee. However, the reduced charge will be on your driving record.

c. Dismissal: By hiring a lawyer to fight your traffic ticket, you could also potentially have your charges dismissed if proven not guilty. This means that you don’t have to pay anything more than your lawyer: no criminal fines, no civil fees, usually no increased insurance, and nothing is reported on your driving record.

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Louisiana Traffic Violations: Examples of Traffic Tickets in Southeastern Louisiana

What can you expect if you hire an attorney to help fight your traffic ticket? If you live in Southeastern Louisiana, here are some examples for the neighboring towns and parishes:

In Orleans Parish, traffic tickets ordinarily take about two months from violation to closure. The average fine paid is typically $142.00 in court costs. If you hire a traffic lawyer in Orleans Parish, he or she can help you reduce the charges to a non-moving violation that will stay off your driving record and therefore, it should not cause an increase in your insurance premium. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you receive a traffic ticket in Jefferson Parish you will have to go to the 1st Parish Court on the East Bank or the 2nd Parish court on the West Bank. A traffic lawyer, such as myself, can usually reduce your traffic violation to a non-moving violation. Your average court costs may be between $67-$200, your violation could stay off your record, and therefore it should not cause an increase in your insurance premium. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you are in Kenner, LA when you receive a traffic violation, and hire an attorney to help you fight your traffic ticket, it is possible, and likely, you may receive a diversion option and are likely you will have to pay a $77.00 fee. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you receive a traffic ticket in St. John the Baptist Parish, your sentence could be suspended or deferred or you may receive a non-moving violation. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you receive a traffic ticket in St. Charles Parish, your sentence could be suspended or deferred or you may receive a non-moving violation. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you receive a traffic ticket in Westwego in Jefferson Parish, you are likely to receive a non-moving violation. It will be considered a civil penalty and, as the client, you may not be required to attend court if you hire a lawyer.

If you receive a traffic ticket in St. Bernard Parish, and you hire a lawyer to help fight your traffic violation, it is possible and likely that your charge will be dismissed. The difference in this Parish is that you, as the violator and client, must attend court, even if you hire a lawyer.

Although these are examples of the different Southeastern Louisiana parishes and cities, always remember that each case is different. Hiring an attorney to help fight your traffic ticket has no guarantees, but it can help you with the possibilities of making these examples happen. If you have any questions, feel free to give me a call about your traffic violation, and I will be happy to provide a free consultation. You can contact me through e-mail or telephone at (504) 264-9492 or toll-free at (866)459-4478.

You Can Win: Personal Injury Success Story in New Orleans

crescentcitylawfirm — Mon, 22 Apr 2013 15:00:48 +0000

Were you injured in New Orleans and seeking a personal injury attorney? If you were slammed with medical bills from a recent accident or injury, and even if you think the slightest bit that you might have a personal injury case on hand, consider hiring a New Orleans personal injury lawyer. Although you are not guaranteed to win a personal injury lawsuit, hiring an attorney will help in determining the outcome of the case.

What is My Personal Injury Lawsuit Worth?

Though I have to express: no money is guaranteed, no two cases are exactly alike, and the circumstances behind each personal injury case is important. Nevertheless, it is possible to win enough money to cover your medical expenses and other damages. You are probably asking yourself, “What is my personal injury case worth?” There are a number of different factors that play a part in your personal injury suit including the different types of “compensatory” damages which are the different types of payouts the injured person can receive money for.

What Kinds of Compensatory Damages Exist?

If you hire a personal injury lawyer in New Orleans, you have the opportunity to seek compensation for damages that include:

Emotional Distress
Income (or loss of income)
Loss of Consortium with your loved ones (relationship distress)
Loss of Enjoyment
Medical Bills for Treatment
Pain
Property Damages (such as loss of a car)

How Much Money Can I Expect to Win if I Win?

Obviously every single personal injury case, whether it is a motor vehicle accident case or not, is different and there is no way to know prior to your case how much money you could win in damages in Louisiana. An average case is worth between $10,000.00 – $15,000.00 which, after your fees and expenses, might result in $4,000.00 in your pocket. It is best to consult with a personal injury lawyer to determine how much in compensatory damages you could receive. For a free consultation regarding your recent injury, feel free to call me at toll free (866) 459-4478 or contact me via e-mail.

An Example of a Local Winning Lawsuit: Drs. LaCorte & Sherif Sakla vs. Merck

What Should I Do if I’ve Been Injured in a Car Accident in New Orleans?

crescentcitylawfirm — Mon, 15 Apr 2013 15:00:55 +0000

They say that airline travel is the safest mode of transportation, but that fact is based on statistics and the number of people who fly versus the number of “accidents” and “injuries.” However, automobile accidents on a daily basis. Even if you have a clean driving record, there are other drivers, other circumstances, and other conditions that may cause an auto accident. From my experience as a New Orleans personal injury attorney, it is not uncommon to find yourself involved in a car accident one day, and not uncommon for you to get injured in a car accident. If this happens, what should you do?

So, What is the First Thing I Do If I’m Injured In an Auto Accident in New Orleans?

If you are in an auto accident in New Orleans or any part of Louisiana, I highly suggest that if you are able to walk or talk, you should get yourself to a Hospital Emergency Room immediately. If you aren’t immediately brought to the hospital by an emergency vehicle, there are many other ways you can go to the ER: drive yourself, walk, take public transportation, call family or friends, or you can call the police, fire department or ambulance. Regardless of how you get to the Emergency Room, it is important that you go so you can document any physical pain and distress as a result of your accident.

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Follow Your Doctor’s Orders

If you do go to the Emergency Room and see a doctor, make sure you follow the doctor’s orders in order to get back to health. The most important part about being injured, is getting healthy. While you are regaining your health, you are also creating medical documentation of your recovery that may be used in your favor if you go to court.

Report Your Auto Accident

If you are in an auto accident, regardless of the damage, you will want to make sure that the auto accident is reported, especially if you are injured. Call 911 or the the local police. If an ambulance arrives of the scene, make sure to have any injury, no matter how small, checked by an EMT or paramedic. Before you leave the crash site, be sure to get the police report number and any other documents from the first responded. Remember: When you’ve been involved in a car accident, these documents will help support your claim and ensure you get the compensation you deserve for your injuries. When, you hire a personal injury attorney in New Orleans you will want to provide him or her with as much information as possible, and a good personal injury lawyer will ask you for this information because it is important to your claim

Personally Document Your Auto Accident Through Notes & Photos

If you are injured in an auto accident, and you would like to seek damages then you will want to take good notes about the accident and everything leading up to and following the accident. Memories fade and these notes will help you remember exactly what happened during before, during, and immediately after the crash. You will also want to take photographs if you can. Many cell phones have cameras now so take advantage of that fact and document your auto accident. If your cell phone doesn’t have a camera, you should keep a disposable camera in your glove compartment.

Call a Personal Injury Lawyer To Help With Your Case

The final and most important action you should take when you are injured in a car accident is to hire a personal injury lawyer. An attorney can represent you in the event you are injured and in need of paying medical bills. If you are injured in a car accident, please feel free to call me at (504) 264-9492 or (866) 459-4478 or send me an e-mail. I will gladly set up a free consultation with you.

Understanding How Medical Bills are Paid in a Personal Injury Suit in Louisiana

crescentcitylawfirm — Mon, 08 Apr 2013 15:00:51 +0000

Getting injured is a serious matter regardless of the situation, and it becomes even more important when you are injured in public, as a result of a car accident, or as the cause of some other person or entity. If you have suffered any damage that required medical attention or a physical or mental recovery period, you may be entitled to recovering said damages from the other party involved. As an experienced Personal Injury Lawyer in New Orleans will tell you, if you have suffered injuries as the result of an accident, the first thing you should do is make your way to the nearest Hospital Emergency Room. Whether that requires driving yourself, asking for a ride or calling the police, fire department, or ambulance, it is important to your case that you document the physical pain and distress as a result of your accident.

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What is a Bodily Injury Claim?

A bodily injury claim is a similar statement for personal injury claim. When you are in an accident, you may claim lost wages, medical bills, rental car expenses, and less objective damages including pain, distress, humiliation and psychological suffering.

Who Pays My Medical Bills When I’m in an Accident?

Even if you will be receiving a settlement as a result of your auto accident or personal injury case, it is your responsibility to pay your medical bills. Prior to hiring a personal injury lawyer in Louisiana, make sure you have a written contract with your attorney to determine how your lawyer will be paid. There are a number of different options on how to pay your attorney for a personal injury case. You can choose between a contingency fee, flat rate or hourly rate fees.

Health Insurance Reimbursement: Understanding Your Policy, Subrogation, and Medical Bills

If your health insurance provider has paid any or all of your medical bills pertaining to your accident, they will most likely want to seek reimbursement if you have received a personal injury settlement. Your personal injury lawyer will help you with this process as it can be very complicated. Each health insurance policy has a clause about reimbursing on personal injury cases and you will want to bring your policy with you to your attorney so he or she can fully help you with the process. Your experienced personal injury lawyer will help you determine whether your health insurance plan is asking for a fair amount of the total cost. The legal term used when another person or group, in this case your health insurance provider, is substituted by another, you, in respect to a debt or insurance claim is called subrogation.

Even if you are not insured by a health insurance plan, government or private, your medical bills must be paid and reimbursed by you. Each private or public run institution, whether it is a hospital or a private practice, will have different rules and you must abide by these. Make sure your personal injury lawyer has all of the information that he or she needs prior to the case.

When Does My Personal Injury Attorney Get Paid on Contingency Fee?

Prior to hiring your personal injury lawyer, you will sign a contract that will outline what percentage your lawyer will receive and whether that percentage is taken prior to or after your medical bills are paid.

Collecting Your Personal Injury Settlement Compensation

If the defendant in your personal injury case is insured, you will have to notify their insurance company of your injuries, if they have not already been informed, and they will most likely write you a check for the damages up to the limit of the insurance policy. If the defendant in your personal injury case is not insured, it won’t be this simple. You may have to talk to your attorney about collecting your judgement as personal injury lawyers may specialize in this area as well.

Have you been in an accident that required medical attention? Please feel free to give me a call or send me an e-mail for a free consultation. I will be happy to answer your questions and help you understand personal injury suits in New Orleans.

Personal Injury: Contingency Fee Agreements vs. Flat Rate vs. Hourly Rates

crescentcitylawfirm — Mon, 01 Apr 2013 18:28:32 +0000

When you are the victim of an accident, whether it is an automobile accident, you have fallen in a public place, or you are injured by another person accidentally, it is important that you seek a personal injury attorney. An experienced New Orleans personal injury attorney can help you seek compensation for what is rightly owed to you. There are many different ways that you could get hurt, and although there are times it is your fault, there is a possibility that your injury is the result another person or negligence of a business. It is in your best interest to hire a personal injury lawyer who can help you in Louisiana.

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Personal Injury Cases: What Are the Different Ways I Can Pay My Attorney?

Everyone has a different budget and hiring a New Orleans personal injury lawyer may seem expensive. Because every case, and every circumstance is different, many attorneys, including myself, will discuss the following types of payment options with the client: contingency fee agreements, flat rates and hourly rates.

Signing a Contingency Fee Agreement with Your Personal Injury Lawyer

What is a personal injury contingency fee agreement? A contingent fee agreement is an agreement between a client and their attorney that offers the client the chance to hire the attorney without putting any initial payment down, offers no monthly legal bills as the case is ongoing and offers the attorney the opportunity to be paid a percentage of the win once the personal injury trial is complete. This is a great plan for someone who may not have the necessary finances upfront, but has a strong argument to receive compensation from the defendant for their injury. Lawyers often advertise contingency fee agreements using the slogan, “I don’t get paid unless you do.”

A personal injury contingency agreement must be in writing prior to the client hiring the personal injury lawyer and must clearly state how the fee will be determined, including what percentage the attorney will receive in the end and whether expenses are included before or after the percentage is calculated.

What Paying Flat Rate Fees to Your Personal Injury Attorney Means

A flat rate fee is precisely what it says: the client pays a flat rate to the personal injury attorney. This fee can be paid 100% upfront, or, if the attorney puts it into writing, can offer the client a chance to pay incrementally regardless of the outcome of the personal injury case.

Typically, the attorney in Louisiana will calculate what the costs will be based on experience and any facts presented by you and present the fee to you prior to working on the case. If a flat rate fee is agreed upon between you and the New Orleans personal injury lawyer, then, unless stated in the agreement, this is the amount paid regardless of the amount of time is spent on the case. Therefore, this can be a gamble on both the client and the attorney’s part, especially if the personal injury case has a lot of unknown information or hearsay.

Is Paying an Hourly Rate to Your Lawyer Worth it in the End?

An hourly rate is very straight forward and is a determined price prior to working on the case. Most attorneys have an hourly fee they charge each client and the client must choose whether this is acceptable and affordable. It is up to the client and the personal injury attorney to determine whether this is as a lump sum or incrementally. When an attorney works on an hourly rate, they may refer to the hours as billable hours or billable time. It is in the best interest of the client to request an estimated time of work prior to signing an agreement with the lawyer. This is not an ideal way to pay your attorney if you cannot afford an attorney because billable hours may exceed the costs of a traditional contingency fee agreement. If you are concerned about the cost of a billable hours, you may want to re-consider a contingency fee agreement.

So, how do you decide how to pay your personal injury lawyer if you are in an accident? There are many circumstances, and many types of cases. The first suggestion I have is you call a personal injury lawyer in New Orleans, such as myself, for a free consultation. I will be happy to speak with you so please feel free to call me or send me an e-mail. I look forward to hearing from you.

Potential Negative Consequences an Immigrant May Face as a Result of a Criminal Charge: What Are Your Rights?

crescentcitylawfirm — Mon, 25 Mar 2013 20:06:56 +0000

As an immigrant, both in New Orleans and the rest of the United States, you may feel as though you are always being watched so you try to avoid law enforcement at all costs–even if you aren’t doing anything illegal. In the event you find yourself in trouble with the law, what are the potential negative consequences as an immigrant you face as a result of a criminal charge? If you are an immigrant living in the United States on a Green Card, non-immigrant Visa, or permanent resident status, and you are charged with a crime it is best that you immediately contact an experienced New Orleans attorney to help you through your case and protect your immigration status.

Two Types of Criminal Charges That Can Negatively Impact Your Immigration Status

Aggravated Felony

An aggravated felony is a serious criminal charge that may include acts of violence, drugs, firearms, sexual crimes and grand theft.

Crime of Moral Turpitude

A crime of moral turpitude is oftentimes considered a misdemeanor, but can also be considered a felony, and involves an act or behavior that lacks morality such as fraud, drug possession, shoplifting, and sometimes assault and battery.

Negative Consequences Related to Your Criminal Charge

If you are charged and convicted with either an aggravated felony or a crime of moral turpitude, you may face deportation or be denied future entry into the United States. If you have made a life in the United States with a family, a job, and a home, then this may be the worst possible consequence you can think of for your criminal act.

Another negative consequence for an immigrant being convicted of a crime in Louisiana or in Federal Court, is the fact that you can become barred from receiving asylum status. This consequence can occur as a result of a conviction from an aggravated felony. Reporting and completing the necessary paperwork is required in order to potentially save your immigration status.

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Criminal Convictions and Immigration Applications

Almost all applications for the United States Citizenship and Immigration Services require security clearances and/or fingerprints as a part of the application process. After submitting your immigration application, the CIS will determine whether you have any criminal convictions in the United States, even if they occurred many years ago. A criminal conviction will be considered if you were found guilty or admitted sufficient facts of your guilt and you have been punished in some form for your actions.

This is why it is important to obtain an immigration lawyer or criminal lawyer if you are charged with a crime in the state of Louisiana. Your criminal defense lawyer will fight for to ensure that you are not convicted of a crime that can either result in deportation or the inability to ever become a United States citizen.

Contacting a Criminal Defense Lawyer

If you have been charged with a crime that you believe may affect your immigration status, or your immigration application for United States citizenship, then feel free to contact me through e-mail or phone at (504) 264-9492 or (866) 459-4478. I am happy to offer a free consultation with a criminal defense lawyer in New Orleans.

Your Rights as a Cab Driver in New Orleans, Louisiana

crescentcitylawfirm — Thu, 21 Mar 2013 21:26:44 +0000

New Orleans is well-known as a hospitality and tourism economy, which means the taxi cab industry is a large one. As a New Orleans Personal Injury lawyer for numerous taxi cab drivers, I would like to talk to you about your rights as a cab driver in Louisiana and what steps you should take in certain scenarios. Since you spend the majority of your business day behind the wheel of a car, you are at a higher risk for personal injury, traffic tickets and auto accidents and therefore it is important that you understand your rights.

Understanding Personal Injury

A personal injury resulting from a car accident due to negligence on another party, or an attack from a passenger, can have a strong effect on both your personal life as well as your business. Let’s take a look at the two scenarios:

Personal Injury in an Accident

Since the road is your “business office” you are likely to see many auto accidents during your career. Sometimes you may be involved in the accident, and there will be times the accident results in an injury. Hiring an experienced traffic lawyer is beneficial in the case of injury and a personal injury attorney will help you, step-by-step, with your insurance company, employer, and medical help to ensure you are back to work quickly.

Photo by Thomas Leuthard, Picasa Web Albums

As a taxi cab driver, you may want to consider hiring a personal injury attorney if you are the driver in an auto accident, and your passenger is the injured party. Regardless of whether you or the other driver is at fault, you should seek a lawyer in Louisiana to help you understand your rights as a cab driver in this scenario. Just because you were driving, does not mean that you are at fault, though the injured party / passenger may try to file suit against you. The passenger may not have been paying attention to the accident, was not driving, and therefore this is your battle to fight. Please feel free to contact me if you have been involved in an automobile accident that involves personal injury.

Personal Injury From an Attack

In 2012 there was a terrible story about a Marine that attacked a cab driver in North Carolina. As a cab driver, you are always put in a potentially dangerous situation: you pick up and drive strangers and oftentimes exchange cash in hand. By understanding your rights as a taxi driver, you can help protect yourself in grave situations such as being attacked. Although, as a taxi cab driver, it is legal to carry a registered firearm in your cab for protection, take a moment to think of the consequences. You must remember that if the wrong passenger ends up in your cab and discovers you do have a gun, they may feel threatened or worse, they may try to use it or steal it. So, before you go ahead and purchase a firearm, legally, think about the worst possible situation.

If you ever find yourself in a situation that you are attacked, robbed, or injured by a passenger or while inside your taxi cab, call an attorney in Louisiana immediately.

Reduce Your Traffic Tickets with the Help of an Attorney

Though you are probably a safe driver, there may be lapses in judgement from time to time and you may receive moving violation tickets such as speeding, wrong turns, and failures to stop. If you find yourself receiving even at least one traffic violation, it is in your best interest to try to plea down in order to remove the violation from your driving record. If you receive multiple traffic violations, you could find yourself in danger of losing your license and therefore your career. With the help of a traffic attorney in New Orleans or surrounding areas, you will have the ability to continue driving without fear of losing your job.

Just remember that if you do receive a traffic ticket, and you contact a traffic attorney, such as myself, to assist you in lowering your fines, points or other punishments, it will take approximately 30-45 days from time to traffic violation to close the case.

Taxi Cab Drivers Involved in Automobile Accidents: Hiring an Accident Attorney

The taxi cab driver can sometimes be misunderstood during an automobile accident involving their taxi cab, regardless of who is at fault. You must remember that you have rights as a driver, as a commercial driver, and as a human being. Hiring an automobile accident attorney will help you through the entire process from police reports to handling the insurance company, your employer, medical assistance as well as any other parties involved in the accident. Should you have any questions regarding the legal process, or need any help at all, please don’t hesitate to contact me by e-mail or phone.