Author name: Keith T. Whiddon, Attorney at Law, LLC

Can a criminal conviction be overturned based on newly discovered evidence?

What Qualifies as Newly Discovered Evidence in a Criminal Case? The Louisiana Code of Criminal Procedure, Article 926.2, describes what qualifies as newly discovered evidence. This applies to an individual already convicted of a criminal offense but who now claims factual innocence. This applies even if the convicted individual previously pled guilty or nolo contendere […]

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The Impact of Prescription Medications on DUI Charges: Legal Considerations and Defense Strategies

What Is Considered a DUI in Louisiana? Different states use different terms for a DUI (Driving under the influence). In Louisiana, it is officially called DWI (Driving while intoxicated), but it means much the same thing, and the terms DUI and DWI are both used in regular speech. One key difference in Louisiana compared to

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What are the legal implications of plea bargains for defendants?

What Is a Plea Bargain? The term “plea bargain” describes an arrangement usually negotiated between a prosecutor and the defendant’s legal counsel. The defendant agrees to plead guilty or no contest to a lesser charge in exchange for a compromise from the prosecution. Prosecution concessions could be the agreement to drop other charges or a

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Misdemeanor Probation in Louisiana: Alternative Sentencing and Rehabilitation Opportunities

Exploring Misdemeanor Probation in Louisiana Louisiana has been at the forefront of innovative approaches to rehabilitation and reintegration. Misdemeanor probation is a shining example of the state’s commitment to offering individuals a chance at redemption and a path toward a brighter future. Understanding Misdemeanor Probation Misdemeanor probation, also known as community supervision, is a form

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What New Legislation Means for DWI Offenders in Louisiana

Changes to Louisiana’s DWI Laws Louisiana has grappled with a persistent issue of drunk driving, consistently ranking among the states with the highest alcohol-related traffic fatalities. Louisiana experienced a 32% increase in DWI fatalities between 2020 and 2021. To combat this pervasive problem, Louisiana lawmakers proposed House Bill 484, introducing stricter measures to reduce recidivism

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Whiddon Criminal Defense Underage DWI in Louisiana: Zero-Tolerance Policy and Unique Consequences

Navigating Underage DWI in Louisiana Like many other U.S. states, Louisiana faces a significant challenge regarding underage drinking and driving. The state has implemented a strict zero-tolerance policy regarding underage driving while intoxicated (DWI) to combat this issue. This means that anyone under the age of 21 caught operating a vehicle with even a small

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Standard DWI vs. Aggravated DWI: Understanding the Distinctions and Consequences

In the state of Louisiana, you can be charged with a DWI if you are in control of a vehicle while you have a blood alcohol content (BAC) of 0.08% or under the influence of an illicit substance. The law varies slightly in defining a DWI for commercial drivers needing a BAC of only 0.04%

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Commercial DWI in Louisiana: Regulations and Implications for Commercial Drivers

What is a DWI? The State of Louisiana uses the terms DWI, driving while intoxicated, and DUI, or driving under the influence, somewhat interchangeably. The law of Louisiana does not have separate laws for DUIs or DWIs. This means that if someone is arrested for driving while under the influence of drugs or while intoxicated

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Habitual Offenders and DWI: Repeat Offenses and Enhanced Penalties

Being stopped for a DWI (driving while intoxicated) is no small hardship. You may be worried about your insurance or the possibility of a hefty fine. A DWI can jeopardize your driver’s license and job and impact your life in unforeseen ways. Being pulled over for a DWI after you have already been charged and

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