LA Legislature may have goofed and made all DWIs triable by jury

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A new Louisiana law aimed at raising fines for misdemeanor DWIs could have an unexpected consequence: flooding courtrooms with jury trials.

Signed by Gov. Jeff Landry last month, HB403 increases penalties to a level that, according to defense attorneys, triggers a defendant’s constitutional right to a jury trial, potentially overwhelming the state’s already burdened court system.

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“Not to the effect that it would impact a misdemeanor being tried as a Duncan misdemeanor or having the ability of requiring a jury trial,” voiced Moore.“That was never discussed.”

A Duncan misdemeanor requires that any misdemeanor over $1000 is eligible for a jury trial.

Unless the defendant waives his right to a trial by jury.

Moore says he wouldn’t be surprised if this were a miscalculation by the legislature when it comes to phrasing, and hopes that if a special session is called, it can be rectified.

“When you have thousands of bills, you know, things can happen,” said Moore.“Particularly when it’s a fee vs. a fine, yeah, I can see it happening.”

“And it is strictly because of the way the legislature phrased it,” details Borghardt.“By adding a fine in addition to the current fine up to $1000, it triggered the statutory requirement for a jury.”

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