About These Templates
These legal templates are designed for Louisiana citizens challenging traffic citations by verifying whether the issuing officer met the prerequisites to office required by Louisiana law. This approach is grounded in established constitutional doctrine, not commercial redemption theories.
Constitutional Foundation
Louisiana Constitution Article X, § 30 requires all public officers to take an oath of office. Louisiana Revised Statutes § 42:1-42:16 require certain officers to post surety bonds.
An officer who fails to meet these prerequisites lacks lawful authority. Any citation issued by such an officer is void ab initio (void from inception) under the doctrine established in Norton v. Shelby County, 118 U.S. 425 (1886).
Success Probability by Scenario
| Officer's Compliance Status | Success Probability | Estimated Cost | Timeline |
|---|---|---|---|
| Officer has no oath on file | 60-80% | $100-$500 | 30-60 days |
| Officer's oath post-dates traffic stop | 70-85% | $100-$500 | 30-60 days |
| Officer has oath but no bond (if required) | 40-60% | $100-$500 | 30-60 days |
| Agency refuses to produce records | 50-70% | $300-$1,000 | 60-90 days |
| Officer has oath and bond on file | 5-10% | $0-$1,000 | 30-90 days |
Public Records Request Templates
Request certified copies of the officer's oath of office, date administered, and compliance with Louisiana Constitution Article X, § 30.
Request certified copies of the officer's surety bond, surety company information, and compliance with Louisiana bonding requirements.
Court Filing Templates
Complete motion arguing that officer's failure to meet prerequisites renders citation void ab initio. Includes legal argument, case citations, and prayer for relief.
Legal Basis: Norton v. Shelby County, 118 U.S. 425 (1886); State ex rel. Porterie v. Smith, 184 So. 2d 838 (La. 1966)
Request for production of documents related to officer's appointment, oath, bond, training, and certification under Louisiana Code of Criminal Procedure Article 723.
Affidavit documenting your public records requests, agency responses (or lack thereof), and assertion that officer lacked lawful authority.
Notice of appeal to Louisiana Court of Appeal if trial court denies motion to dismiss. Must be filed within 30 days (La. Code Crim. Proc. Art. 914).
Checklists and Guides
Complete checklist for verifying whether the issuing officer met all prerequisites to office under Louisiana law.
Structured outline for presenting oral argument, including opening, key legal points, responses to prosecutor's arguments, and closing.
How to Use These Templates
Download the templates in Word or PDF format. Fill in the bracketed fields [like this] with your specific information:
- Your name, address, phone, email
- Officer's name and badge number (from citation)
- Agency name (Louisiana State Police, Sheriff's Office, Municipal Police)
- Citation number and date
- Court name and docket number
- Specific statute violated (e.g., La. R.S. 32:64)
Use templates in the correct order according to the challenge timeline:
- Days 1-7: Public Records Requests (#1, #2)
- Days 8-14: Review responses, complete Verification Checklist (#7)
- Days 15-30: File Motion to Dismiss (#3) and Discovery Request (#4)
- Days 30-60: Prepare Oral Argument (#8), file Affidavit (#5) if needed
- Days 60-90: File Notice of Appeal (#6) if motion denied
These templates use professional legal language. Do not modify them to include:
- Sovereign citizen rhetoric ("traveling not driving," "right to travel")
- Commercial redemption theories (UCC arguments, "tendering payment")
- Confrontational or disrespectful language
- Claims that you are not subject to state law
Courts are more receptive to constitutional arguments presented professionally and respectfully.
Important Warnings
- •Not Legal Advice: These templates are for educational purposes only. They do not constitute legal advice. Consult a licensed Louisiana attorney for advice on your specific situation.
- •Success Not Guaranteed: Success depends on the officer's actual compliance with prerequisites, the judge's receptiveness, and the quality of your presentation.
- •Deadlines Are Strict: Louisiana courts have strict filing deadlines. Missing a deadline can result in dismissal of your challenge or default judgment against you.
- •Consider Hiring an Attorney: For serious charges, DUI, or cases with jail time, you should hire a licensed attorney. Pro se representation is risky.
- •This Is Not Sovereign Citizen Strategy: These templates are grounded in established constitutional law, not commercial redemption theories. Do not mix these approaches.
Related Resources
Complete analysis comparing constitutional challenges to commercial redemption theories
Comprehensive education on oath and bond requirements across all 50 states
Legal doctrine and case law on acts performed without lawful authority