Louisiana Defensive Driving Ticket Dismissal: Costs and CDL Limits

In Louisiana, defensive driving ticket dismissal is available to most drivers with a minor moving violation: you plead guilty or no contest, complete a state-approved driver improvement course within 90 days, and the court sets the conviction aside and dismisses the charge. The authority for this comes from two provisions in the Louisiana Code of Criminal Procedure. Article 892.1 is the narrower rule written specifically for traffic tickets, and Article 894 is a broader misdemeanor deferral that can cover situations 892.1 doesn’t reach. Which one applies to you decides the timeline, the paperwork, and how long you’re on the hook.¹²

Who Qualifies

Article 892.1 is the path most drivers use. Every one of these conditions has to be met:

The charge is a misdemeanor traffic violation under Title 32 of Louisiana’s motor vehicle laws or under a local traffic ordinance, and it is not a second or subsequent offense.¹
If it’s a speeding ticket, you were clocked at no more than 24 mph over the limit. Anything 25 mph or more above the posted limit is excluded.¹
Your driving record shows no completion of a driving improvement course under this statute within the two years before the offense date.¹
You hold a valid driver’s license or permit when you enter your plea.
You file a sworn affidavit with the court confirming you are not currently enrolled in a driving course under this statute and have not completed one that has yet to appear on your record.¹

If you were going 25 mph or more over the limit, or you already used this option within the past two years, 892.1 is off the table for this ticket. Article 894 may still be available. It reaches any misdemeanor conviction where the law doesn’t specifically prohibit a suspended sentence, and courts can place you on probation for up to two years before setting the conviction aside.² Individual courts layer their own eligibility standards on top of the statute. Some limit 894 dismissals to defendants with no more than one prior moving violation in the past three years, or bar a repeat 894 dismissal within five years. Because these limits are court-specific, call the clerk of court where your ticket is pending to confirm what applies.

How to Request the Dismissal

Pull the citation number, offense date, and issuing court off your ticket. Then contact that court’s clerk to ask which forms they require.

Under 892.1, you don’t necessarily have to appear in person. The statute lets you plead guilty or no contest in writing and mail in your request to take the course, so long as your letter is postmarked on or before the appearance date on your citation.¹ You can also show up on your court date and make the request orally. Either way, you’ll submit the sworn affidavit. The Louisiana Supreme Court publishes uniform templates for city and parish courts, including an 892.1 driving school affidavit and an 894 guidelines and affidavit form, though local courts may use their own versions.³

Under 894 the process is more formal. You generally appear before the judge, enter your plea, and receive the specific conditions the court sets for your probation period, which usually include finishing a defensive driving course within a stated number of months.

Completing the Course

Once the court grants your 892.1 request, it defers sentencing for 90 days. That’s your window to finish an approved driver improvement course and file the certificate of completion with the clerk of court.¹ You can choose a course approved by the court or one approved by the Louisiana Office of Motor Vehicles. Online courses are available, but acceptance varies, so confirm with the court before you enroll and pay. When the court accepts the certificate, it sets aside the conviction and dismisses the charge.

What It Costs

The dismissal is not free. Even after the charge is dropped, you owe court costs and fees, and the amounts vary by parish. For a reference point, the 19th Judicial District Court in Baton Rouge assesses $175.75 in court costs and fines for a moving violation.⁴ Expect somewhere in the range of $150 to $300 total, depending on where you are.

Course tuition is separate and paid to the provider. Online programs generally run $25 to $50; in-person classes may cost more. If your matter falls under Article 894 for a DWI, the statute adds a $50 fee paid to the Office of Motor Vehicles for processing and storing the record.²

Why Bother

A traffic conviction that sticks can roughly double your car insurance premiums in Louisiana. When the court sets the conviction aside under 892.1 after you finish the course, it should not appear on your driving record as a conviction, and your insurer cannot raise your rates or cancel your policy based on a charge dismissed this way.

The dismissal also keeps points off your license. Louisiana assigns demerit points for traffic convictions, and enough points within a set period trigger a suspension. For most drivers, avoiding the insurance hit and the points is worth well more than the combined cost of the course and the court fees.

CDL Holders Cannot Use This Option

If you hold a commercial driver’s license or commercial learner’s permit, neither 892.1 nor 894 is available to you. Federal law prohibits states from masking, deferring, or diverting any traffic conviction for a CDL or CLP holder, and the rule applies whether you were driving a commercial vehicle or your personal car when you got the ticket.⁵ The only carve-outs are parking tickets, vehicle weight violations, and vehicle defect violations. A speeding ticket or red light citation must appear on the commercial driver record.

Missing the Deadline

Not filing your certificate by the court’s deadline is the most common way people lose this benefit. Under 892.1 the court already entered judgment on your plea when you made the request. If you don’t finish the course and turn in proof, the court simply imposes the sentence it deferred. The conviction stands, you owe the original fine, and the dismissal is gone.

Not showing up at all is worse. Louisiana courts can issue an arrest warrant, hold you in contempt, and add fees. The Office of Motor Vehicles can also suspend your license for non-appearance, and you won’t be able to renew until every pending case is resolved and the court issues a clearance document.⁶ If you know you’re going to miss a deadline, call the clerk of court before it passes. Some courts will grant an extension. Ignoring it guarantees the worst outcome.

Dismissal Is Not the Same as Expungement

A dismissed ticket does not automatically disappear from every record. When the court sets aside the conviction under 892.1 or 894, the driving record and insurance consequences go away, but the arrest record and court file still exist and can surface on certain background checks.

Fully clearing the record takes a separate motion for expungement under Louisiana Revised Statutes 44:9. For a misdemeanor traffic conviction that was later set aside, at least five years must have passed since you completed the sentence, probation, or deferral before you can file, and the combined processing fees paid to the Bureau of Criminal Identification and Information, the district attorney, the sheriff, and the clerk of court can run several hundred dollars.⁷ For a routine traffic ticket, the dismissal alone usually delivers what you actually needed; a formal expungement is worth pursuing only if the arrest record is showing up somewhere that matters.

1
Justia Law. Louisiana Code of Criminal Procedure Article 892.1
2
Louisiana State Legislature. Louisiana Code of Criminal Procedure 894
3
Louisiana Supreme Court. Uniform Forms for City and Parish Courts
4
19th Judicial District Court. 19th Judicial District Court – Traffic Violations
5
eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions
6
Municipal and Traffic Court of New Orleans. Penalties
7
Justia Law. Louisiana Revised Statutes 44-9