§ 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)

State law reference

Procedure upon arrest, R.S. 32:411.