Louisiana Law Lets Misdemeanor DWI Cases Go To Jury Trial

(KHLA - Lake Charles, Louisiana) - A recent law in Louisiana, signed last month by Governor Jeff Landry, may put too much strain on the state's already overburdened judicial system.

Defense lawyers claim that HB403 raises punishment to the point that a defendant's constitutional right to a jury trial is activated.

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Franz Borghardt, a defense lawyer and former prosecutor, says that the state won't see more DWIs than normal, however, with the new law it will increases court cases that involve gathering a jury and that will create a bottleneck effect in the Louisiana legal system causing a severe backlog of cases.

With the new law raising fines, any Duncan misdemeanor above $1000 in Louisiana must qualify for a jury trial. Unless the accused gives up their right to a jury trial.

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East Baton Rouge DA Hillar Moore says that he expects there may be a special session to change the language in this new law.

Moore told WAFB:

When you have thousands of bills, you know, things can happen. Particularly when it’s a fee vs. a fine, yeah, I can see it happening.

 

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