Braziel Baptist Church v. United States of America
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DWI
Legislature Reduces Mandatory Jail Sentences for DWI
Offenders
In the latest regular legislative session, the legislature passed
into law a bill that greatly reduces the mandatory jail time for
3rd and 4th DWI offenders. Prior to the amendment, a person convicted
of 3rd offense DWI faced a sentence of one to five years at hard
labor, at least 6 months of which had to be served without the benefit
of probation, parole or suspension of sentence. A person convicted
of 4th offense DWI faced a sentence of 10 to 30 years at hard labor,
at least 2 years of which was without the benefit of probation,
parole or suspension of sentence.
Under the new law, the sentence of a person convicted of 3rd offense
DWI can be imposed with or without hard labor and only 30 days of
the sentence can be imposed without the benefit of probation, parole
or suspension of sentence. The remainder of the sentence must be
suspended and the offender is required to undergo a substance abuse
evaluation and receive inpatient treatment for a period of not less
than 4 nor more than 6 weeks. Additionally, the offender is sentenced
to home incarceration for the remaining balance of his suspended
sentence and participation in any outpatient treatment determined
to be necessary.
Likewise, the sentence of a person convicted of 4th offense DWI
can now be imposed with or without hard labor and only 60 days of
the sentence can be imposed without the benefit of probation, parole
or suspension of sentence. The remainder of the sentence must be
suspended and the offender is required to undergo a substance abuse
evaluation and inpatient substance abuse treatment for not less
than 4 nor more than 6 weeks. The offender may also be sentenced,
if determined to be necessary by the offender’s treating physician,
to additional follow-up substance abuse treatment for a period not
to exceed 12 months. Upon successful completion of the inpatient
substance abuse treatment, the offender must be sentenced to home
incarceration for a period of not less than 1 or more than 5 years.
The primary net effect of this legislation is that a person convicted
of 3rd offense DWI will go from a guaranteed minimum 6 months in
jail to a guaranteed 30 days in jail. Likewise, a person convicted
of 4th offense DWI will go from a mandatory minimum of 2 years in
jail to a mandatory 60 days in jail. Only 1/2 of the sentence imposed
is typically served if the offender earns credit for good time.
The legislature has stated that the purpose of the change in the
law is to recognize that the crime of DWI is a symptom of a disease
that is treatable, and to ease the overcrowding in the state’s prisons.
This change in the law became effective August 15, 2001. Moreover,
the new law gives the Department of Public Safety and Corrections
the authority to recommend persons incarcerated for 3rd and higher
offense DWI prior to August 15, 2001 for home incarceration before
the expiration of the mandatory minimum periods of their jail sentences
under the old law under which they were sentenced.
"Full Coverage"
The Myth of “Full Coverage”
In the years that we have sought to help Baton Rouge families who
have been in auto accidents, we have all heard repeatedly the response
“I have full coverage” when inquiring of our clients
whether they have UM, or med-pay, or other specific types of insurance
coverage which may be of vital importance after an accident has
occurred. “Full Coverage” is not a legal term, nor even
a phrase that has a generally accepted meaning in the legal or insurance
industry. Insurers generally don’t want to offer UM coverage,
as it is a difficult risk to quantify, and a type of coverage that
is less profitable than many others. Louisiana law requires insurers
to offer this coverage, and only allows consumers to reject the
endorsement in writing. Nevertheless, many agents fail to clearly
explain what they mean by full coverage, and quickly gloss over
the significance of the various signatures you are asked to provide
when you purchase insurance coverage. Most families in Louisiana
will spend nearly $1000.00 per year per vehicle for minimal coverage
limits, so it is a substantial family expense that bears some careful
investigation. Ask for a declarations page that outlines all coverages
and limits when you shop for insurance, and compare the benefits
and costs of med-pay, UM, economic only UM, UMPD, and other forms
of specialized coverage that may be offered. We’re happy to
answer your questions concerning this important family decision.
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