Louisiana 2012 Regular Session

Louisiana House Bill HB1204

Introduced
4/25/12  
Engrossed
5/16/12  

Caption

Provides relative to the reinstatement of driving privileges associated with a violation of criminal law and extends time in which to request an administrative hearing following a DWI arrest

Impact

In addition to the extended timeframe for requesting a hearing, HB 1204 stipulates conditions under which a driver’s license can be reinstated following a suspension or revocation connected to a criminal charge that does not result in a conviction. The bill ensures that individuals who have their licenses suspended due to a first DWI arrest can have their licenses reinstated without penalties if the charges are ultimately dismissed, provide not only a simple reinstatement process, but also eliminates reinstatement fees in certain cases. This is expected to alleviate the financial burden on individuals who are not found guilty of the underlying charges.

Summary

House Bill 1204 is designed to amend certain provisions regarding driver's license suspensions related to DWI (Driving While Intoxicated) offenses in Louisiana. The bill primarily extends the time frame for individuals arrested on DWI charges to request an administrative hearing from 15 days to 30 days following the issuance of a temporary driver's license receipt. This extension aims to give individuals more time to prepare and present their cases before a hearing officer, thereby potentially reducing the administrative backlog and improving the fairness of the process.

Sentiment

The sentiment around HB 1204 appears to be largely positive, as it is framed as a measure to provide fairness and due process for those involved in DWI arrests. Supporters of the bill argue that it thoughtfully addresses concerns about the swift administrative penalties that can follow a DWI arrest, particularly the potential for financial hardship and difficulties that can arise from losing driving privileges. As indicated by the unanimous voting outcome in the House, the bill received broad bipartisan support, signifying a shared recognition of the bill's intent to benefit individuals affected by DWI laws.

Contention

Despite the positive reception, some points of contention may arise regarding the balance between public safety and individual rights. Critics may question whether the extended time frame for hearings and the reinstatement provisions could inadvertently allow repeat offenders to evade accountability or if it might weaken deterrents against impaired driving. Discussions around the bill hint at a broader debate about managing DWI offenses and ensuring that statutes sufficiently address public safety concerns while providing justice to those wrongfully accused.

Companion Bills

LA HB682

Replaces Repeals provision of law relative to the reinstatement of driving privileges associated with a violation of criminal law

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