Could Sibley keep a driver's license after any traffic ticket until the fine was paid?

Plain-English summary

Sibley asked whether it could keep a driver's license when issuing a traffic citation and return it after the fine was paid. In Opinion 03-0224, the AG answered no to the town's proposed general rule. The opinion quoted the statutory starting point: "the deposit of a driver's license in connection with the issuance of a citation alleging the commission of a traffic offense is prohibited" except as specifically provided in the section.

The opinion then listed circumstances in which an arresting officer could retain a license, including a citation for driving under the influence, speeding by at least 25 miles per hour, speeding in a school zone, driving while suspended, drag racing, or failing to maintain compulsory security. It also identified an injury accident, two alleged instances of the same offense within one hour, and a specified medical-condition determination with a superior officer's concurrence. The AG concluded that a town ordinance extending retention beyond those conditions was unlawful because state law imposed a ceiling on license retention.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Sibley officials and officers

The AG said the town could not use its ordinance to retain licenses for traffic citations beyond the conditions in La.R.S. 32:411. The opinion treated the state provision as a limit on the town's proposed penalty.

Cited drivers

Under the law discussed in 2003, an ordinary traffic citation did not by itself allow an officer to keep the driver's license until a fine was paid. The opinion recognized retention in the listed statutory circumstances.

Common questions

Q: Could a Sibley officer keep my license for any traffic ticket? A: The AG said no. The statute generally prohibited taking a license with a citation, subject to the circumstances the opinion listed.

Q: Did an injury accident allow an officer to retain the driver's license? A: The opinion quoted a provision allowing retention when the driver was involved in an accident in which a person was injured.

Q: Could Sibley pass an ordinance to keep licenses until drivers paid their fines? A: No. The AG concluded that the proposed ordinance exceeded the state law's limit on license retention.

Q: Did the opinion discuss returning a license held under the statute? A: Yes. It quoted a provision barring the Department of Public Safety and Corrections from returning, reissuing, or renewing a license in its possession under that section until the required fine and other specified charges were paid.

Background and statutory framework

The mayor described an ordinance authorizing retention of an operator's license when a traffic citation was issued and its return on payment of the fine. The AG read La.R.S. 32:411 A, B(1), B(2), and H(3) together and cited City of Baton Rouge v. Williams, 661 So.2d 445 for the limits on municipal penalties where a state statute sets a ceiling.

Citations and references

Statute quoted or cited: La.R.S. 32:411.

Case cited: City of Baton Rouge v. Williams, 661 So.2d 445.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0224

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
RICHARD P. IEYOUB
FAX: (225) 342-2090
70804°9005
ATTORNEY GENERAL

JUL "1 12003
OPINION NUMBER 03-0224

70 Motor Vehicles- CONTROL & REGULATION

La.R.S. 32:411 (A)

Honorable Larry Merritt
La.R.S. 32:411 B(1)(2)
Mayor
Town of Sibley
La.R.S. 32:411 H(3)

P. O. Box 128
Under La.R.S.32:411 A, B(1)(2) and H(3), a driver’s license
Sibley, LA 71073
may be retained only if certain requirements are met.

Dear Mr. Merritt:

You have requested an advisory opinion regarding the legality of retention of an operator’s license upon issuance of a traffic citation.

"[’his particular legal matter is addressed in La.R.S. 32:411A, B(1) and H(3).
This statute discusses the authority of an arresting officer with respect to a traffic citation as well as the authority of The Department of Public Safety and Corrections.

Your inquiry involves a town ordinance which authorizes the retention of an operator’s license upon the issuing of a traffic citation and return of said license upon payment of a fine for the violation. La.R.S. 32:411 A reads, "Except as is otherwise specifically provided in this Section, the deposit of a driver’s license in connection with the issuance of a citation alleging the commission of a traffic offense is prohibited. La.R.S. 32:411B(1) & B(2), regarding retention of operator’s license clearly states that, "An arresting officer may retain the driver’s license of an operator of a motor vehicle when that operator has been issued a citation alleging that the operator was:

(a) Operating the motor vehicle under the influence of alcohol or controlled Substances.

(b) Exceeding the speed limit by twenty-five miles per hour or more.

(c) Exceeding the speed limit in a school zone.

Page 2

Hon. Larry Merritt,
Mayor
Town of Sibley
Opinion No. 03-0224
Page 2

(d) Driving with a suspended license.

(e) Drag racing.

(f) Cited for failure to maintain compulsory security."

(2)" An arresting officer may retain the driver’s license of an operator when the operator was involved in an accident in which a person was injured, or when an operator:

(a) Is alleged to have committed the same offense twice within a period of one hour.
(b) Is alleged by the investigating law enforcement officer to have a medical condition which could result in suspension or revocation of his driver’s license under the provisions of R.S.32:414(E), provided that the arresting officer first consults with his superior officer as to his specific observations and such superior officer concurs with the issuing officer’s belief."

In addition, La.R.S. 32:411H(3), provides that, "The Department of Public Safety and Corrections shall not return, reissue, or renew a driver’s license in its possession pursuant to this Section until payment of the fine and any additional cost, fee, or penalty required by the judge having the jurisdiction and any other cost, fee, or penalty required by the department." Therefore, a driver’s license may be retained, but only upon the previous mentioned conditions.

The second issue raised is whether your act would be legal with the adoption of an ordinance. Municipalities do possess power in certain areas to enact ordinances that provide greater penalties than a state law dealing with the same issue. However, City of Baton Rouge v. Williams, 661 So.2d 445, 95-0308 (La. 10/16/95) states, "There have been decisions by the Louisiana Supreme Court which invalidated municipal ordinances that provided greater penalties than the state statute punishing the same crime. Those cases fall into two categories: those in which the municipalities’ own home rule charter prohibited a penalty greater than that set in a state statute for the same conduct; and, those in which there is a specific state statute which places a ceiling on the penalty a parish or municipality may exact for the prohibited conduct." The ordinance that your town is attempting to enact falls within the scope of the latter category. The "ceiling" for retention of driver’s license is imposed by La.R.S.32:411A. Thus, the ordinance that your town attempted to adopt is not legal.

Page 3

Hon. Larry Merritt,
Mayor
Town of Sibley
Opinion No. 03-0224
Page 3

Therefore, La.R.S.32:411 A, B(1),(2) and H(3) are applicable, thereby granting the retention of an operator’s license upon a traffic violation upon certain conditions and return of said license only upon payment of existing fine. However, there can exist no greater penalty than already established by state law when dealing with this particular issue.

I believe the above opinion has answered your question. Should you have any further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

CHARLES H. BRAUD JR. ~ \
Assistant Attorney General ",,J

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