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New Orleans and Louisiana Traffic Ticket Defense Contact

Laws and Definitions

At Bloom Legal we will fight your ticket aggressively and in most cases will either get it reduced or dismissed. Our experienced traffic attorney will work hard for you so that you can get back to your daily life and can usually handle your case without any court or office visits.

If you are curious to know what the language on your ticket means, refer to the definitions on this page:

Careless operation:

RS 32:58 Any person operating a motor vehicle on the public roads of this state shall drive in a careful and prudent manner, so as not to endanger the life, limb, or property of any person. Failure to drive in such a manner shall constitute careless operation.
Plain English: If it is perceived that your driving causes danger to yourself or anyone else, you may be issued a ticket for careless operation.

Speed restrictions:

RS 32:61No person shall operate a vehicle on any highway of this state in excess of fifty-five miles per hour, unless a lower maximum speed is posted on the highway, except as follows:
(1) No person shall operate a vehicle on any interstate or controlled access highway of this state in excess of seventy miles per hour.
(2) No person shall operate a vehicle on any multi-lane divided highway of this state which has partial or no control of access in excess of sixty-five miles per hour.
(3) A person may operate a vehicle in excess of any maximum speed set forth in this Chapter within a speed zone established by the department as provided in R.S. 32:63(C).
The Department of Transportation and Development shall develop criteria to determine which portions of a highway warrant a speed limit lower than the speed limits established by this Section. The criteria shall be based on an engineering study which shall consider, but not necessarily be limited to, the design speed of the road, the road geometry, the use of land surrounding the road, and the accident history of the road.
Plain English: This law establishes the general speed limit on state highways at 55mph or less. It also sets the general speed limit on the interstate at 75mph and 65mph for multi-lane divided highways.

School Zones:

RS 32:77.1 A. The driver of a vehicle upon a two-lane highway or street shall not overtake and pass another vehicle during posted hours within a school zone.
B. Any person who violates this Section shall be subject to the following penalties:
(1) Upon conviction for a first offense, the person shall be issued a written warning.
(2) Upon conviction for a second offense, the person shall be fined one hundred dollars.
(3) Upon conviction for a third offense, the person shall be fined two hundred fifty dollars.
The Department of Transportation and Development shall develop criteria to determine which portions of a highway warrant a speed limit lower than the speed limits established by this Section. The criteria shall be based on an engineering study which shall consider, but not necessarily be limited to, the design speed of the road, the road geometry, the use of land surrounding the road, and the accident history of the road.
Plain English: On normal streets and highways, school zones are to be considered no passing zones. First offenses = written warning; Second Offenses = $100 fine; Third Offenses = $250 fine.

School Buses:

RS32:80 Summary: When a school bus is stopped to load or discharge children with signals on, drivers are required to stop at least 30 feet from the bus and remain stopped until the bus turns off signals and/or begins moving. School bus drivers technically have 24 hours within which to provide written notification to law enforcement officials of any violations of this law. Violations may result in fines of $100-$500 or up to 6-months in prison.

Motorcycle Helmets:

RS32:190 A. No person shall operate or ride upon any motorcycle, motor-driven cycle, or motorized bicycle unless the person is equipped with and is wearing on the head a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion. All such safety helmets shall consist of lining, padding, visor, and chin strap and shall meet such other specifications as shall be established by the commissioner.
B. It shall be unlawful to manufacture, sell, or distribute any protective helmet for use by the operator of a motorcycle, motor driven cycle, or motorized bicycle, or for use by the passenger thereon, unless such protective helmet is of a type and specification approved by the commissioner who shall publish a notice of such approval.
C. Notwithstanding the provisions of this Section, the police authorities of a village, town, city, or parish may issue a permit exempting members of organizations sponsoring, conducting, or participating in parades or other public exhibitions from the provisions of this Section while such members are actually participating in a parade or other public exhibition.
D. This Section does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a safety helmet.
E. It shall be unlawful to manufacture, sell, or distribute any protective helmet for use by the operator of a motorcycle, motor driven cycle, or motorized bicycle, or for use by the passenger thereon, unless the manufacturer of the protective helmet obtains and maintains liability insurance of not less than one hundred thousand dollars for each occurrence of liability of the manufacturer for fault in the design, materials, or workmanship of the protective helmet. In addition to any other penalty provided in this Section, the commissioner may prohibit the movement, sale, or distribution of any protective helmet if the manufacturer is not covered by insurance as required by this Subsection.
F. Any person who violates any provision of this Section shall upon conviction be fined fifty dollars which shall include all costs of court. Notwithstanding any contrary provision of law, no other cost or fee shall be assessed against any person for a violation of this Section.
Plain English: It is illegal to ride a motorcycle without a helmet unless specifically authorized to do so for a parade or while driving an autocycle with a roof that meets safety standards. It is also illegal for motorcycle helmets that do not meet safety standards to be made available for sale. Helmet Violations result in a $50 fine.

Train Crossings

RS32:171 A. Whenever any person driving a motor vehicle approaches a railroad grade crossing under any of the circumstances stated in this Section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train.
(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train.
(3) A railroad train approaching within approximately nine hundred feet of the highway crossing emits a signal in accordance with R.S. 32:168, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
(4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
(5) A stop sign is erected at the approach to a railroad grade crossing.
Plain English: You must stop between fifteen and fifty feet from a railroad crossing if a train is coming, a stop sign is posted, or flashing lights tell you to stop.

Emergency Vehicles

RS32:125 A. Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
B. When any vehicle making use of any visual signals as authorized by law, including the display of alternately flashing amber or yellow warning lights, is parked on or near the highway, the driver of every other vehicle shall:
(1) When driving on an interstate highway or other highway with two or more lanes traveling in the same direction, yield the right-of-way by making a lane change into a lane not adjacent to the parked vehicle, if possible with due regard to safety and traffic conditions. If a lane change is not possible, the driver shall slow to a reasonably safe speed.
(3) A railroad train approaching within approximately nine hundred feet of the highway crossing emits a signal in accordance with R.S. 32:168, and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard.
Plain English: If an ambulance or police cruiser has its sirens or lights on, you must safely get out of the way. If any car on the side of the road has a siren or lights on, you must switch lanes to give the car space or slow down when passing them.

Stop Signs & Yield Signs

RS32:123 C. At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Plain English: At a four way stop, the first driver to get to the intersection gets to cross first, the second driver to arrive crosses next, then third, then the fourth. If two drivers get there at the same time, the cars cross in a counter-clockwise order.

Turning at Intersections

RS32:101 (1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
(2) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
Plain English: To make a left turn on a two way street, you must be in the left lane on your side of the street. You cannot begin turning until you have entered the intersection, and you must be sure not to cross into opposing traffic.

Passing Bicycles

RS32:76.1 B. The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.
Plain English: When passing a bicycle, you must leave at least three feet of space between you and the bike. If you are in a “no-passing zone,” you are not allowed to pass unless it is safe.

Possession of Alcoholic Beverages in Vehicles

RS32:300 A. It shall be unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle.
(b) "Open alcoholic beverage container" shall not mean any bottle, can, or other receptacle that contains a frozen alcoholic beverage unless the lid is removed, a straw protrudes therefrom, or the contents of the receptacle have been partially removed.
(4) "Passenger area" means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. It shall not mean a locked glove compartment or behind the last upright seat, or any area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
Plain English: Neither the driver nor any passengers can have an open drink in a moving car. This means any beer can, wine bottle, or other container that has a “broken seal.” A daiquiri cup cannot have a straw in it, or it is considered open. If the drink is in the trunk, a locked glove compartment, or behind the last row of seats, then you have not broken the law.

Texting While Driving

RS32:300.5 A.(1) Except as provided in Subsection B of this Section, no person shall operate any motor vehicle upon any public road or highway of this state while using a wireless telecommunications device to write, send, or read a text-based communication. For purposes of this Section, a person shall not be deemed to be writing, reading, or sending a text message if the person reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
B. The provisions of this Section shall not apply to the following:
(1) Any law enforcement officer, firefighter, or operator of an authorized emergency vehicle while engaged in the actual performance of his official duties.
(2) An operator of a moving motor vehicle using a wireless telecommunications device to:
(a) Report illegal activity.
(b) Summon medical or other emergency help.
(c) Prevent injury to a person or property.
(d) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
(e) Navigate using a global positioning system.
Plain English: You are not allowed to text on your cell phone while driving, but you can scroll through your contacts and dial a number in order to make a call. You can also text in order to call for help, report a crime, or use a GPS device.