Traffic Ticket Challenge Checklist

Step-by-step checklist for challenging Louisiana traffic citations using constitutional prerequisites to office framework

Overall Progress
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0 of 16 required steps completed

Days Since Citation
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Set citation date below

Estimated Cost
$0

Based on completed steps

Citation Information
Enter your citation date to track deadlines and progress

Phase 1: Immediate Actions (Days 0-3)

0/2 completed
Day 0
$0

Photograph or scan the citation. Make multiple copies. Note officer's name, badge number, date, time, and location.

Days 1-3
$0

Review Louisiana Constitution Article X, § 30 (oath requirement) and Louisiana R.S. § 42:1-42:16 (bond requirements).

Phase 2: Public Records Requests (Days 4-14)

0/3 completed
Days 4-7
$8

Send certified mail request to city/parish clerk for officer's oath of office. Include officer's full name and badge number.

Required Documents:

  • Public Records Request - Oath of Office
Days 4-7
$8

Send certified mail request to law enforcement agency for officer's surety bond (if required by statute).

Required Documents:

  • Public Records Request - Surety Bond
Days 5-10
$0

Use USPS tracking to confirm delivery of public records requests. Agencies must respond within 3 business days per La. R.S. 44:32.

Phase 3: Analyze Compliance (Days 8-14)

0/3 completed
Days 8-14
$0

Carefully review responses from clerk and agency. Look for: oath date, notarization, filing date, bond amount, surety company.

Days 8-14
$0

Use Prerequisites Verification Checklist to determine if officer met all requirements before issuing citation.

Required Documents:

  • Prerequisites Verification Checklist
Days 8-14
$0

If officer lacks oath or bond, proceed with motion to dismiss. If officer has proper credentials, consider alternative defenses.

Phase 4: File Motion to Dismiss (Days 15-30)

0/5 completed
Days 15-21
$0

Use template to draft motion arguing citation is void ab initio due to officer's lack of authority. Attach public records responses as exhibits.

Required Documents:

  • Motion to Dismiss (Void Ab Initio)
Days 15-21
$10-25

Prepare sworn affidavit detailing your public records requests and findings. Have affidavit notarized.

Required Documents:

  • Affidavit Challenging Prerequisites
Days 15-30
$50-150

File original motion + 3 copies with clerk of court. Pay filing fee. Obtain file-stamped copy. Request hearing date.

Days 15-30
$8

Serve copy of motion on city attorney or district attorney via certified mail within 3 days of filing.

Days 15-30
$0

Serve discovery request on prosecution seeking all documents related to officer's qualifications and credentials.

Required Documents:

  • Discovery Request for Officer Credentials

Phase 5: Prepare for Hearing (Days 30-60)

0/3 completed
Days 30-45
$0

Prepare for hearing using Oral Argument Outline. Practice presenting constitutional arguments professionally.

Required Documents:

  • Oral Argument Outline
Days 30-45
$10

Prepare exhibit binder with: citation, public records requests, agency responses, motion to dismiss, affidavit.

Days 30-60
$0

Appear at scheduled hearing. Present constitutional arguments. Respond to prosecution's opposition. Be professional and respectful.

Phase 6: Post-Hearing Actions (Days 30-90)

0/3 completed
Days 30-90
$0

Court may rule from bench or take matter under advisement. If under advisement, expect written ruling within 10-30 days.

Days 30-90
$5-10

Request certified copy of dismissal order from clerk. Keep for your records. No further action needed.

Days 30-90
$150-300

File notice of appeal within 30 days of judgment. Serve prosecution. Pay appeal filing fee. Request trial court record.

Required Documents:

  • Notice of Appeal

Important Notes

Required Steps (*)

Steps marked with an asterisk (*) are required for a complete constitutional challenge. Optional steps may strengthen your case but are not mandatory.

Deadlines Are Strict

Louisiana courts strictly enforce filing deadlines. Missing a deadline can result in dismissal of your challenge or loss of your right to appeal. Calendar all deadlines immediately and set reminders.

Verify Before Challenging

Always verify through public records that the officer actually lacks proper credentials before filing a motion to dismiss. If the officer has a valid oath and bond, this challenge will fail.

Professional Presentation

Present your constitutional arguments professionally and respectfully. Avoid sovereign citizen rhetoric, commercial redemption theories, and confrontational language. Courts are more receptive to well-reasoned legal arguments.

Consider Hiring an Attorney

For serious charges (DUI, reckless driving) or cases with jail time, consider hiring a licensed Louisiana attorney who understands constitutional challenges. Attorney fees ($500-$2,500) may be justified by the serious consequences of conviction.

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