00-0198
Summary Information Not Available
Cite as La. Att'y Gen. Op. No. 00-0198
OPINION 00-198
Ms. Donna Condon
Town Clerk
P. O. Box 308
New Llano, LA 71461
Dear Ms. Condon:
In response to your inquiry of recent date, note that a mayor’s court has no jurisdiction
over DWI (driving while intoxicated) prosecutions. Pursuant to R.S. 13;1894.1(B), a
mayor’s court is without authority to review such cases, as the statute pertinently
provides:
B. For purposes of this Section all city, parish, and municipal courts shall
have concurrent jurisdiction with the district courts over violations
otherwise subject to their jurisdiction provided for by R.S. 14:98, except
in those cases wherein the person or defendant is charged as a third
or subsequent offender under the provisions of R.S. 14:98(D) and (E).
If the charge is for a third or subsequent offense, the prosecution shall
be had only in the district court and the defendant shall have the right
to a trial by jury. However, mayors’ courts shall have no jurisdictions
whatsoever over violations as provided for by R.S. 14:98, nor to the
trial of offenses against municipal ordinances relative to prosecutions
on charges of driving while intoxicated. (Emphasis added).
We forward to you copies of Attorney General Opinions 98-157 and 97-315, which
reflect a similar conclusion.
Should you have other questions in which we may provide assistance, please contact
this office.
Very truly yours,
RICHARD P. IEYOUB
ATTORNEY GENERAL
BY:
________________________________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams
OPINION 00-198
15
COURTS
56
JUDGES
R.S. 13;1894.1(B)
Mayors’ courts lack authority to dispense with DWI prosecutions.
Ms. Donna Condon
Town Clerk
P. O. Box 308
New Llano, LA 71461
Date Received
Date Released May 18, 2000
KERRY KILPATRICK
ASSISTANT ATTORNEY GENERAL