Commentary:
The problem with RS32:266 is that it is a "public appeasement
bill". It's a common practice to inflate speeds on speeding tickets and
altering mile marker numbers. The fact is this will provide enough incentive to
traffic cops to do more of the same. Instead of 1 miles per hour it would 11.
All money would then stay with the local municipality. Since there is no "due process" in Louisiana involving traffic
enforcement you won't win. While the law speaks of what happens to surplus it
does not cover penalties for inflating speeding tickets.
You will need to pay your fine.
RS32:266
§266. Enforcement of speed limit on certain highways; disposition of
fines
A. For purposes of this Section, the following words and phrases shall
have the following meanings:
(1) "Interstate highway" means a fully controlled access highway
which is part of the National System of Interstate and Defense Highways.
(2) "Local law enforcement body" means any law enforcement body
seated in a jurisdiction that is not governed by a home rule charter and has the
authority to write civil or criminal traffic citations within that area and all
the agents or contractors thereof.
B.(1) After deposit to the Bond Security and Redemption Fund as required
under the provisions of Article VII, Section 9(B) of the Constitution of
Louisiana, all fines or penalties collected by or on behalf of a local law
enforcement body for citations issued for exceeding the posted speed limit by
less than ten miles per hour on an interstate highway, shall be forwarded to the
state treasurer and credited to a special fund which is hereby created in the
state treasury and designated as the "Louisiana Highway Safety Fund."
(2) The monies in the Louisiana Highway Safety Fund shall be used solely
to fund the costs to purchase and install permanent radar speed displays on
interstate highways and only in the amounts appropriated each year to the
Department of Transportation and Development by the legislature. Any
surplus monies and interest remaining to the credit of the fund on June
thirtieth of each year after all such appropriations of the preceding fiscal
year have been made shall remain to the credit of the fund, and no part thereof
shall revert to the state general fund.
Acts 2009, No. 188, §1; Acts 2010, No. 806, §1, eff. July 1, 2010.
A. No municipality or any police department
thereof, nor any parish or any sheriff's department thereof, shall establish or
maintain, formally or informally, a plan to evaluate, promote, compensate, or
discipline a law enforcement officer on the basis of the officer making a
predetermined or specified number of any type or combination of types of arrests
or require or suggest to a law enforcement officer, that the law enforcement
officer is required or expected to make a predetermined or specified number of
any type or combination of types of arrests within a specified period.
B. No municipality or any police department thereof, nor any parish or any
sheriff's department thereof, shall establish or maintain, formally or
informally, a plan to evaluate, promote, compensate, or discipline a law
enforcement officer on the basis of the officer's issuance of a predetermined or
specified number of any type or combination of types of traffic citations or
require or suggest to a law enforcement officer, that the law enforcement
officer is required or expected to issue a predetermined or specified number of
any type or combination of types of traffic citations within a specified period.
C. No state agency, political subdivision, or law enforcement agency shall
offer a financial reward or other benefit to a law enforcement officer which is
determined by or based on the number of citations issued.
D. This Section shall not prohibit a municipality from obtaining budgetary
information from a municipal court or a municipal court of record, including an
estimate of the amount of money the court anticipates will be collected in a
budget year.
Acts 2008, No. 479, §1, eff. June 25, 2008.