Louisiana Revised Statutes 30:2531.5 – A. All criminal violations under the provisions of this Part shall be prosecuted by the district attorney of the judicial district in which the violation occurred.
Terms Used In Louisiana Revised Statutes 30:2531.5
- Adjudication: means formal or informal proceedings for the formulation of a decision or order. See Louisiana Revised Statutes 30:2004
- Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
- Violation: means a failure to comply with the requirements of this Subtitle, the rules issued under this Subtitle, and conditions of permits under this Subtitle. See Louisiana Revised Statutes 30:2004
A. All criminal violations under the provisions of this Part shall be prosecuted by the district attorney of the judicial district in which the violation occurred.
B. Civil violations under the provisions of this Part shall be prosecuted by the district attorney of the judicial district in which the violation occurred; the prosecuting attorney for a municipality having a city court within the municipality in which the violation occurred; the constable, if filed in justice of the peace court; or the prosecuting attorney for the Department of Wildlife and Fisheries for citations issued by that department.
C. Each governing authority on whose behalf citations are issued for alleged violations of the provisions of La. Rev. Stat. 30:2531 through 2531.3 shall establish a procedure by which alleged offenders may plead guilty to the alleged offense and pay the fine by mail; however, if the offender fails to pay the fine by mail in advance of adjudication and fails to appear at the time and date indicated on the citation, the court may impose an additional fine or penalty in an amount not to exceed the amount of the fine or penalty for the original violation. Further, the court may suspend the driver’s license of the offender until such fines are paid. In addition, each governing authority shall establish a procedure allowing for payment of the fine by credit card as it may designate. However, the procedure shall not limit such payments to payment by credit card.
D. An action brought pursuant to La. Rev. Stat. 30:2531(B) or 2531.3 shall be tried as a summary proceeding pursuant to Code of Civil Procedure Article 2591 et seq., except that such actions prosecuted by the Department of Wildlife and Fisheries may be tried in accordance with La. Rev. Stat. 56:32.1.
E. Any suspension of a motor vehicle driver’s license as a result of violation of any provision of La. Rev. Stat. 30:2531 through 2531.3 shall be referred to the Department of Public Safety and Corrections and shall be handled in compliance with the provisions of La. Rev. Stat. 32:414 or any other provision of law or rule or regulation of the department relative to the suspension of driving privileges. Any cost of administering the suspension of driver’s licenses under the provisions of La. Rev. Stat. 30:2531 through 2531.3 shall be payable from the receipts of penalties assessed pursuant to this Section.
F. Whenever the driver’s license of a person has been suspended pursuant to the provisions of this Chapter, the judicial officer of the court exercising jurisdiction shall immediately forward to the Department of Public Safety and Corrections notice of the time period of the suspension with information necessary for identification of the person. The Department of Public Safety and Corrections shall immediately notify the person of the suspension of his operator’s license and the imposition of a fifty-dollar fee. The Department of Public Safety and Corrections shall also notify the person that upon expiration of the time period of suspension, and upon payment of an additional fifty dollars to the department, the operator’s license of the person shall be renewed or reissued.
Acts 1998, 1st Ex. Sess., No. 148, §3; Acts 2003, No. 950, §3, eff. Jan. 1, 2004; Acts 2014, No. 432, §1; Acts 2022, No. 17, §1.