PROCEDURE

New Orleans City Code ch. 154, art. III, div. 2

in effect

New Orleans City Code § 154-136 Citation for certain traffic violations; arrest for certain traffic violations, possession of license; notification to vehicle owner; and surrender of license.

Sec. 154-136. - Citation for certain traffic violations; arrest for certain traffic violations, possession of license; notification to vehicle owner; and surrender of license. (a) In the enforcement of street traffic regulations, as permitted by law, an arrest is not required for street traffic violations if the person lawfully possesses a driver's license issued to him by either: (1) The department of public safety and corrections; or (2) The appropriate agency of another state if such person resides in this state and either is: a. On active duty with the armed forces of the United States; b. A dependent of any person described in subsection (a) above; or c. Enrolled in a state college or university; In these instances, a citation (summons and release) is the appropriate mechanism if the operator signs the citation as a guarantee that he/she will appear in court in lieu of physical arrest. This subsection does not apply when the officer has probable cause to believe that the operator has committed an offense as defined in title 14 of the Louisiana Revised Statutes of 1950, including but not limited to: driving while intoxicated, reckless operation of a vehicle, and hit and run driving. In these instances, the operator shall be arrested as required by law. (b) A licensee shall have his license in his immediate possession at all times when driving a motor vehicle and shall display it upon demand of any officer or agent of the department or any police officer of the city. (c) When a person is arrested for a violation of R.S. 14:98, [DWI] the arresting officer shall determine whether the person is the owner of the vehicle used. If the person is not the owner, the arresting officer, his agency of employment, or the department of public safety and corrections shall take all reasonable measures to identify and locate the registered owner and notify him of the arrest. Such notification may be oral or written. A record shall be kept of whether or not such notification was given. (d) When a fine is levied against a person convicted of any offense as described in subsection (a) of this section, and the defendant is granted an extension of time to pay the fine, the judge of the court having jurisdiction may order the driver's license to be surrendered to the official of the court collecting fines for a period of time not to exceed 180 days. If, after expiration of 180 days, the defendant has not paid the fine, the official of the court designated to collect fines shall forward the license to the department of public safety and corrections. Upon receipt of a surrendered driver's license, the court official responsible for collection of such fines shall issue a temporary permit for a period not to exceed 180 days or for a period of time set forth by the judge having jurisdiction. The department shall not return, reissue, or renew a driver's license in its possession pursuant to this section until payment of the fine and any additional administrative cost, fee, or penalty required by the judge having the jurisdiction and any other cost, fee, or penalty required by the department. (Code 1956, § 38-23; M.C.S., Ord. No. 27816, § 1, 7-26-18)

New Orleans City Code § 154-137 Drivers licensed by certain other states.

Sec. 154-137. - Drivers licensed by certain other states. (a) A driver licensed by a state of the United States cited for violation of any law, ordinance, rule or regulation relating to the operation or actual physical control of a motor vehicle shall be permitted to remain at liberty and proceed about his business without being required to furnish bond if: (1) He furnishes the officer or court issuing the citation with a written promise to comply and his driver's license, for which he shall receive a receipt and which license shall be returned to him upon compliance. (2) The charge or charges are not based on alleged acts or omissions constituting one or more of the following: a. Homicide resulting from the operation of a motor vehicle. b. Driving a motor vehicle while under the influence of intoxicating liquor, narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle. c. A felony in the commission of which a motor vehicle is used. d. Failure to stop or render aid in the event of a motor vehicle accident resulting in the death or personal injury of another or damage to property. e. Driving a motor vehicle without a license or while the license is under suspension or revocation. (3) Pursuant to law, the driver is not taken forthwith before an appropriate court, and the charge or charges or violation adjudicated without adjournment or continuance. (b) The violating driver shall have the option of remaining in custody pending her or his furnishing bail as fixed by the judges of the traffic court, or depositing her or his operator's license with the officer under the conditions contained in paragraph (a) of this section and signing a citation, summons, or other written notice agreeing to appear within five days after the violation, in which case the driver shall be permitted to remain at liberty and proceed about her or his business. (c) Notwithstanding any provision to the contrary, however, the driver may demand an immediate hearing or a hearing within 24 hours, at a convenient hour, before a judge of the traffic court. If the driver opts to surrender her or his operator's license, the officer shall deliver to her or him a receipt or duplicated copy of the citation, summons or other written notice, which shall become a permit to continue driving on the streets of the city. The officer shall deposit the citation with the clerk of the traffic court. (d) Upon the failure of a driver from a state covered by the provisions of this section to fulfill a promise to comply, the traffic court shall issue or obtain a warrant for arrest of the driver and shall inform the licensing authority in the state where the driver is licensed that the warrant is outstanding and that the driver's license is in the possession of the traffic court. The communication of the court to the licensing authority shall be in writing and shall be accompanied by a certified copy of the citation and promise to comply. (e) This section does not apply when the office charging the driver has probable cause to believe that the person charged has committed an offense as defined in title 14 of the Louisiana Revised Statutes of 1950. The arresting officer shall take these persons forthwith before the nearest or most accessible magistrate having jurisdiction. (Code 1956, § 38-24; M.C.S., Ord. No. 17,128, § 1, 7-20-95)

New Orleans City Code § 154-138 Procedure in traffic court.

Sec. 154-138. - Procedure in traffic court. The trials and all procedure in all cases within the jurisdiction of the traffic court shall be the same as now in effect governing the municipal court, except as further amended by the provisions of this division which shall apply to both municipal and traffic courts. (Code 1956, § 38-30)

New Orleans City Code § 154-139 Responsive verdicts.

Sec. 154-139. - Responsive verdicts. An offender who commits an offense which includes all elements of other lesser offenses may be prosecuted for and convicted of either the greater offense or one of the lesser and included offenses. In such case where the offender is prosecuted for the greater offense, he may be convicted of any one of the lesser and included offenses. (Code 1956, § 38-31)

New Orleans City Code § 154-140 Parties defendant.

Sec. 154-140. - Parties defendant. All persons concerned in the commission of a violation of a city ordinance, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission, or directly or indirectly counsel or procure another to commit a crime are principals and may be held responsible for the violation of any police ordinance of this city and penalized as provided by such ordinance. (Code 1956, § 38-32)

New Orleans City Code § 154-141 Attempts and penalties therefor.

Sec. 154-141. - Attempts and penalties therefor. (a) Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of, and aiming directly toward the accomplishment of his objective, is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. (b) An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt. (c) Whoever attempts to violate a police ordinance of the city shall, upon conviction, be fined or imprisoned, or both, in the same manner as for the offense committed; but such fine or imprisonment shall not exceed one-half of the largest fine or one-half of the longest term of imprisonment prescribed for the offense so intended. (Code 1956, § 38-33)

New Orleans City Code § 154-142 Initiation of proceedings by affidavits in municipal and traffic courts.

Sec. 154-142. - Initiation of proceedings by affidavits in municipal and traffic courts. All proceedings in the municipal and traffic courts shall be initiated by affidavit, which shall consist of the sworn statement of the complainant, police officer, or employee of the department of police authorized to issue parking violations notices, filed with the court on a form provided by the respective court. The city attorney's office may also initiate prosecutions by affidavit on information and belief in the municipal and traffic courts. (Code 1956, § 38-34; M.C.S., Ord. No. 30653, § 2, 5-7-26, eff. 5-31-26)

New Orleans City Code § 154-143 Conduct of trials; rules of evidence; prescription.

Sec. 154-143. - Conduct of trials; rules of evidence; prescription. The trial of all cases in the municipal and traffic courts, and the rules of evidence applicable thereto, shall be the same as govern the trials of misdemeanors under title 15 of the Louisiana Revised Statutes of 1950, and under the Louisiana Code of Criminal Procedure, as they presently exist or as they may be hereinafter amended. No person shall be prosecuted, tried, or punished for an offense committed in violation of the traffic ordinance unless the prosecution is instituted within two years after the offense has been committed. This prescriptive period shall include all offenses chargeable under the traffic ordinance, including parking offenses. (Code 1956, § 38-35)

New Orleans City Code § 154-144 Procedure on appeal.

Sec. 154-144. - Procedure on appeal. There shall be a right of appeal in all cases from the traffic court to the criminal district court for the parish. All procedures now provided for in this Code relative to appeals taken from the municipal court to the criminal district court for the parish shall be applicable to appeals taken by defendants in matters tried before the traffic court. Sections 50-141 through 50-147 shall apply with equal force and legal effect to all appeals taken from convictions in the traffic court. Whenever there is a mention in such sections on appeal of the clerk of municipal court, it shall be deemed that the section refers also to the clerk of the traffic court, provided further, that the return date on appeals shall be as now provided by law, and such return date may be extended by the judges of the municipal or traffic courts. (Code 1956, § 38-36)

New Orleans City Code § 154-145 Direct and constructive contempt of court; penalty.

Sec. 154-145. - Direct and constructive contempt of court; penalty. (a) The traffic court shall have the power and authority to punish for direct and constructive contempt of court in the same manner and for the same reasons as is now provided in chapter 3 of title 15 of the Code of Criminal Procedure of Louisiana, excepting that the penalties for such contempt shall not exceed the constitutional limitations imposed by article VII, section 94 of the Louisiana Constitution. (b) It shall further be a violation of this chapter for any person to fail to answer to a charge against him for a violation of the traffic laws at the time and at the place designated in the traffic citation which was issued to him at the time of the alleged violation regardless of the ultimate disposition of the charge for which he was originally cited. (Code 1956, § 38-37)

New Orleans City Code § 154-146 Issuance of summons for outstanding traffic attachment.

Sec. 154-146. - Issuance of summons for outstanding traffic attachment. When a law enforcement officer stops a person for a traffic offense and determines that the person has an outstanding traffic attachment issued by Traffic Court for the City of New Orleans, the officer shall issue a summons requiring the person to appear in the Traffic Court of New Orleans within seven days. The provisions of this section shall not apply to traffic attachments issued for violation of section 154-381 of this. (M.C.S., Ord. No. 23129, § 2, 6-19-08)

New Orleans City Code § 154-147 Failure to appear.

Sec. 154-147. - Failure to appear. Failure to appear within seven days creates the rebuttable presumption that the defendant is guilty of this article (sic) and will result in the issuance of a subsequent traffic attachment that will result in arrest if a law enforcement officer stops the person for a subsequent traffic offense. Whoever commits the crime of failure to appear shall be fined not more than $500.00, or imprisoned for not more than six months, or both. (M.C.S., Ord. No. 23129, § 2, 6-19-08)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH154TRVE_ARTIIITRCONEOR_DIV2PRFetched: 10/28/2026