As a Baton Rouge DWI attorney, I am anxious to see how quickly the constitutionality of Act 559 of the 2012 Louisiana Legislative Session will be decided by the courts. If you are unaware of this new law, it essentially means that individuals who have requested an Administrative Hearing concerning the suspension of their driver’s license after a DWI arrest can no longer subpoena the officers involved. Yeah, it’s pretty bad.
We at the Ambeau Law Firm feel that this is clearly a due process violation. A person has a property interest in their driver’s license. If the government wants to suspend a person’s license, then there are certain standards of due process that must be met first. Cross-examination, we feel, is one of those standards. However, without the ability to subpoena the officers involved in a DWI arrest, then, obviously, no such cross-examination is guaranteed to the individual requesting the administrative hearing. Even the best Baton Rouge DWI attorney, unless the officer just makes a horribly bad mistake in his paperwork, which does happen from time to time, will have an extremely tough time winning an administrative hearing for his client without the ability to cross-examine the officers.
Anyway, we are interested to see how this new law plays out. If you or anyone you know has been arrested for a DWI, give the Ambeau Law Firm a call for an experienced Baton Rouge DWI attorney. We would be proud to argue the unconstitutionality of this law on your behalf.