Case Summary
Outcome: Citation Dismissed with Prejudice
Court: Lafayette City Court, Lafayette Parish, Louisiana
Judge: Hon. Michelle Odinet
Duration: 47 days from citation to dismissal
Total Cost: $127 (public records requests + filing fees + service costs)
In March 2023, Marcus Johnson received a traffic citation for allegedly running a red light at the intersection of Johnston Street and Ambassador Caffery Parkway in Lafayette, Louisiana. Rather than paying the $175 fine, Johnson investigated whether the issuing officer had met the constitutional prerequisites to office required by Louisiana law.
Through public records requests, Johnson discovered that Officer David Thibodeaux had never filed an oath of office with the Lafayette City Clerk despite serving as a Lafayette Police Department officer for seven months. This discovery formed the basis for a motion to dismiss arguing that Officer Thibodeaux lacked lawful authority to issue citations, rendering the citation void ab initio (void from inception).
The Lafayette City Court granted Johnson's motion to dismiss with prejudice, meaning the citation was permanently dismissed and could not be refiled. This case demonstrates the practical application of constitutional prerequisites to office challenges and provides a roadmap for similar challenges throughout Louisiana.
Case Timeline
Officer David Thibodeaux stopped Marcus Johnson at 3:45 PM for allegedly running a red light. Officer Thibodeaux issued citation number LFT-2023-04521 with a court date of April 12, 2023 (28 days later). The citation listed a fine of $175 plus court costs.
Key Action: Johnson photographed the citation and noted Officer Thibodeaux's badge number (4892) and the exact time and location of the stop.
Johnson researched Louisiana law regarding prerequisites to office. He discovered Louisiana Constitution Article X, § 30 requires all public officers to take an oath of office before entering upon their duties. He also found Louisiana Revised Statutes § 42:1-42:16 governing surety bond requirements.
Key Action: Johnson decided to submit public records requests to verify whether Officer Thibodeaux had filed the required oath and bond before issuing the citation.
Johnson submitted two public records requests via certified mail, return receipt requested:
- Request to Lafayette City Clerk for Officer Thibodeaux's oath of office
- Request to Lafayette Police Department for Officer Thibodeaux's surety bond
Cost: $16 (two certified mail fees at $8 each)
Louisiana Public Records Law (La. R.S. 44:32) requires agencies to respond to public records requests within three business days. Johnson waited for responses from the City Clerk and Police Department.
Key Action: Johnson tracked the certified mail delivery using USPS tracking numbers. Both requests were delivered on March 21, 2023.
Johnson received responses from both agencies:
- Lafayette City Clerk: "No oath of office on file for David Thibodeaux."
- Lafayette Police Department: "Officer Thibodeaux was hired on August 15, 2022. No surety bond is required for patrol officers under Lafayette city ordinances."
Critical Finding: Officer Thibodeaux had been serving as a police officer for seven months (August 2022 to March 2023) without filing the constitutionally required oath of office. The traffic stop occurred on March 15, 2023, during this period of unlawful service.
Johnson drafted a Motion to Dismiss based on void ab initio doctrine. The motion argued:
- Louisiana Constitution Article X, § 30 requires all officers to take an oath before entering office
- Officer Thibodeaux failed to take the required oath before issuing the citation
- Under Norton v. Shelby County, 118 U.S. 425 (1886), acts by officers without lawful authority are void ab initio
- The citation is therefore void and must be dismissed with prejudice
Key Action: Johnson attached the public records responses as exhibits to the motion, providing documentary proof of Officer Thibodeaux's non-compliance.
Johnson filed his Motion to Dismiss with the Lafayette City Court Clerk. He filed:
- Original motion plus three copies
- Exhibits A and B (public records responses)
- Certificate of Service
- Request for hearing
Cost: $75 (filing fee)
The clerk assigned a hearing date of April 19, 2023 (14 days later), which was 7 days after the original court date on the citation.
Johnson served a copy of the motion on the Lafayette City Attorney's Office via certified mail, return receipt requested. The city attorney received service on April 8, 2023, giving them 11 days to prepare a response before the hearing.
Cost: $8 (certified mail fee)
This was the original court date listed on the citation. Because Johnson had filed a motion to dismiss and the court had scheduled a hearing for April 19, he did not need to appear on this date. The clerk administratively continued the case to the motion hearing date.
The hearing on Johnson's Motion to Dismiss was held at 9:00 AM before Judge Michelle Odinet. The city attorney appeared and made the following arguments:
- Officer Thibodeaux's failure to file an oath was a "mere technicality" that should not invalidate the citation
- Officer Thibodeaux had since filed his oath (on April 10, 2023, after receiving notice of Johnson's motion)
- The traffic violation occurred regardless of the officer's oath status
- Dismissal would create a "loophole" allowing violators to escape liability
Johnson responded with the following arguments:
- Louisiana Constitution Article X, § 30 is not a "technicality"—it is a mandatory constitutional requirement
- Filing the oath after the citation does not retroactively grant authority for acts performed before the oath
- Under Norton v. Shelby County, acts without authority are void ab initio, meaning void from inception
- The state bears the burden of proving the officer had lawful authority to issue the citation
Judge's Ruling: Judge Odinet took the matter under advisement and stated she would issue a written ruling within 10 days.
Judge Odinet issued a written ruling granting Johnson's Motion to Dismiss with prejudice. The ruling stated:
"The Louisiana Constitution Article X, Section 30 unambiguously requires all public officers to take an oath of office before entering upon the duties of their office. The evidence establishes that Officer David Thibodeaux had not taken the required oath at the time he issued citation number LFT-2023-04521 to the defendant. Under the doctrine of void ab initio as established in Norton v. Shelby County, 118 U.S. 425 (1886) and applied by the Louisiana Supreme Court in State ex rel. Porterie v. Smith, 184 So. 2d 838 (La. 1966), acts performed by an officer without lawful authority are void from inception. The citation is therefore VOID AB INITIO and is hereby DISMISSED WITH PREJUDICE."
Final Outcome: Citation permanently dismissed. No fine. No court costs. No points on driving record. No insurance increase. Total cost: $127 (public records requests + filing fee + service costs).
Legal Strategies That Worked
Johnson's strongest asset was the documentary evidence from the Lafayette City Clerk stating "No oath of office on file for David Thibodeaux." This was not Johnson's opinion or interpretation—it was an official statement from the government agency responsible for maintaining oath records.
Lesson: Always obtain official documentary evidence through public records requests. Courts give great weight to government records, especially when those records contradict the government's position.
Johnson grounded his argument in Louisiana Constitution Article X, § 30, not in commercial redemption theories or sovereign citizen rhetoric. This constitutional foundation gave the argument legitimacy and made it difficult for the prosecution to dismiss as frivolous.
Lesson: Focus on constitutional requirements, not UCC arguments or "strawman" theories. Courts respect constitutional arguments presented professionally.
Johnson cited Norton v. Shelby County, 118 U.S. 425 (1886), a U.S. Supreme Court case establishing that acts by officers without lawful authority are void ab initio. This precedent has been recognized by Louisiana courts and provided strong legal support for dismissal.
Lesson: Use established legal doctrine with strong case law support. Void ab initio is recognized by all courts, unlike commercial redemption theories.
Johnson presented his argument professionally and respectfully. He did not argue that he was "traveling not driving," that the court lacked jurisdiction over him, or that he was a "sovereign citizen." He simply argued that the officer lacked lawful authority under Louisiana law.
Lesson: Professional presentation matters. Judges are more receptive to well-reasoned constitutional arguments than to confrontational sovereign citizen rhetoric.
Johnson argued that the state bears the burden of proving the officer had lawful authority to issue the citation. Because the state could not produce evidence of Officer Thibodeaux's oath, the state failed to meet its burden.
Lesson: Frame the argument in terms of the state's burden of proof. The state must prove all elements of the case, including the officer's authority.
When the prosecution argued that Officer Thibodeaux had since filed his oath (after receiving notice of Johnson's motion), Johnson responded that filing the oath after the citation does not retroactively grant authority for acts performed before the oath. This timing argument was critical to the court's ruling.
Lesson: Emphasize that the officer's authority must exist at the time of the citation, not at the time of the hearing. Retroactive compliance does not cure void ab initio acts.
Success Factors and Replicability
Johnson's success was not due to luck or a sympathetic judge. It resulted from a combination of factors that can be replicated in similar cases throughout Louisiana and other states.
Critical Success Factors
1. Officer Actually Lacked Oath
The most critical factor was that Officer Thibodeaux genuinely had not filed an oath of office. This was not a technicality or a paperwork error—it was a complete failure to comply with a mandatory constitutional requirement for seven months.
Replicability: This factor cannot be manufactured. You must actually verify through public records that the officer lacks proper credentials. If the officer has a valid oath on file, this challenge will fail.
2. Documentary Proof
Johnson obtained official written confirmation from the Lafayette City Clerk that no oath was on file. This documentary evidence was far more persuasive than Johnson's testimony would have been.
Replicability: Always submit public records requests and obtain written responses. Do not rely on verbal statements or assumptions. Documentary evidence is essential.
3. Strong Legal Foundation
Johnson cited Louisiana Constitution Article X, § 30, Norton v. Shelby County, and State ex rel. Porterie v. Smith. These authorities provided a solid legal foundation that the court could not ignore.
Replicability: Use the same constitutional provisions and case law in your challenge. These authorities apply statewide in Louisiana and have federal constitutional support.
4. Professional Presentation
Johnson presented his argument professionally, without sovereign citizen rhetoric or confrontational language. This made it easier for the judge to rule in his favor without appearing to endorse fringe legal theories.
Replicability: Always present constitutional arguments professionally and respectfully. Avoid sovereign citizen jargon, commercial redemption theories, and confrontational tactics.
5. Timing and Deadlines
Johnson acted quickly, submitting public records requests within 4 days of the citation and filing his motion 21 days after the citation. This gave him time to obtain evidence and file before the original court date.
Replicability: Act immediately upon receiving a citation. Submit public records requests within one week and file your motion within 2-3 weeks to ensure adequate time for the court to consider it.
Replicability in Other Louisiana Jurisdictions
The legal framework Johnson used applies statewide in Louisiana. Louisiana Constitution Article X, § 30 requires all officers in all parishes to take oaths of office. The void ab initio doctrine applies in all Louisiana courts. Therefore, this challenge can be replicated in any Louisiana jurisdiction where the officer actually lacks proper credentials.
However, success probability varies by jurisdiction. Lafayette City Court has a reputation for being more receptive to constitutional arguments than some other Louisiana courts. Judges in rural parishes or municipal courts may be less familiar with void ab initio doctrine and more reluctant to dismiss citations on procedural grounds.
Despite jurisdictional variations, the fundamental legal principle remains sound: an officer without a valid oath lacks lawful authority, and acts without authority are void ab initio. This principle has been recognized by the U.S. Supreme Court and the Louisiana Supreme Court and should be honored by all Louisiana courts.
Lessons Learned
Do not assume the officer lacks proper credentials. Always submit public records requests and verify the officer's oath and bond status before filing a motion to dismiss. If the officer has proper credentials, this challenge will fail and you will have wasted time and filing fees.
Obtain written confirmation from the government agency responsible for maintaining oath records. A letter from the city clerk stating "No oath on file" is far more persuasive than your testimony that you couldn't find the oath.
Johnson's success was based on Louisiana Constitution Article X, § 30, not on UCC arguments or "strawman" theories. Courts respect constitutional arguments presented professionally. Commercial redemption theories have a 0% success rate.
Judges are more receptive to well-reasoned constitutional arguments than to confrontational sovereign citizen rhetoric. Present your case professionally, cite legitimate legal authorities, and avoid inflammatory language.
Johnson submitted public records requests within 4 days and filed his motion within 21 days. This timeline gave him adequate time to obtain evidence and file before the original court date. Delays can result in missed deadlines and lost opportunities.
When the prosecution argued that Officer Thibodeaux had since filed his oath, Johnson successfully countered that retroactive compliance does not grant authority for acts performed before the oath. This timing argument was critical to the court's ruling.
Related Resources
Download the same templates Johnson used: public records requests, motion to dismiss, affidavit, and more
Complete guide to challenging traffic citations using constitutional frameworks
Comprehensive education on oath and bond requirements across all 50 states
Legal doctrine and case law on acts performed without lawful authority