How to Use an Article 894 Plea for Speeding Tickets in Louisiana

Getting pulled over for speeding in cities like New Orleans, Baton Rouge, or Shreveport can ruin your week. Aside from the heavy fines, a moving violation on your permanent driving record will cause your auto insurance premiums to skyrocket for years. Fortunately, Louisiana offers a unique legal mechanism designed to give good drivers a second chance. It is known as the Article 894 plea.

By invoking this specific code, you are asking the judge to accept your guilty plea but defer the sentence. If you follow all the court's rules during a brief probationary period, the ticket will not be permanently attached to your public driving record. Navigating traffic court can be intimidating, but you can always find an experienced local traffic attorney in our US Lawyers directory to appear in court on your behalf. Below is a step-by-step guide on how the Article 894 plea works and how to protect your insurance rates.

Step-by-Step Process for an Article 894 Plea

The Article 894 plea is an exceptional tool, but it is not automatic. You must formally request it in front of the judge or prosecutor at your local traffic court, such as the Municipal and Traffic Court of New Orleans, New Orleans or the 19th Judicial District Court, Baton Rouge.

Eligibility for First-Time Offenders

The rules governing this plea are found in La. Code Crim. Proc. art. 894. This law is specifically designed for minor misdemeanor offenses, including standard speeding tickets and moving violations. Under La. Code Crim. Proc. art. 894(B)(2), there is no mandatory five-year frequency limit for ordinary traffic violations, leaving the deferred sentence to the judge's discretion (a statutory restriction of once every ten years applies strictly to driving while intoxicated offenses). If you hold a Commercial Driver's License (CDL), you are strictly prohibited from using this plea to hide moving violations, even if you were driving your personal vehicle at the time of the ticket.

Court Fees vs. Standard Fines

Using Article 894 is not a free pass. When the judge grants your request, you will be placed on unsupervised probation for a period typically ranging from 90 days to six months. You will still have to pay the original cost of the speeding ticket, plus additional court costs and probation fees. For example, if you get a ticket handled at the First Parish Court for Jefferson Parish, Metairie, you might pay a $150 fine, but the administrative court costs for the 894 plea could add another $100 to $200. You may also be ordered to complete a state-approved driving school.

Out-of-State Drivers using 894

If you received a speeding ticket while visiting Louisiana from another state, you can still request an Article 894 plea. However, the result depends heavily on your home state's Department of Motor Vehicles. While the Louisiana Office of Motor Vehicles, Baton Rouge will code the ticket as an 894 dismissal, your home state may interpret the initial guilty plea differently. An attorney can help you navigate the Driver License Compact to ensure your home state honors the deferred sentence.

Insurance Implications During Probation

It is vital to understand that an Article 894 plea does not magically erase the ticket on day one. During your 90-day or six-month probation period, the conviction still technically exists. If your insurance company pulls your driving record during this window, they may see the violation. Case law, such as State v. Bradley, 360 So. 2d 858 (LA Supreme Court 1978), clarifies how deferred sentences operate legally. Once your probation is successfully completed, the court will 'set aside' the conviction. However, to completely scrub it from public view so insurance companies cannot see it, you must take one final step: filing an expungement using Form EXP 5-1(L), Louisiana, Clerks of Court Association, Motion for Expungement under La. Code Crim. Proc. art. 977.

How Much Does it Cost in Louisiana?

Fighting a ticket with an Article 894 plea involves several court fees, but it almost always saves you money in the long run by preventing three years of insurance rate hikes.

How Long Does the Process Take?

Your initial court date will usually be scheduled 30 to 60 days after you receive the ticket. If the judge grants the Article 894 plea, you will be on unsupervised probation for 90 to 180 days. Once the probation is over, the expungement process takes an additional 60 to 90 days for the Louisiana State Police and OMV to fully clear your driving record.

Frequently Asked Questions (FAQ)