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The Horizontal Gaze Nystagmus (HGN) Test is a field sobriety test commonly used by law enforcement officers to detect signs of impairment due to alcohol or certain drugs. Nystagmus refers to the involuntary jerking or bouncing movement of the eyes, which can become more pronounced when a person is under the influence.

During the HGN test, an officer will typically use a stimulus, such as a pen or small flashlight, and ask the driver to follow it with their eyes while keeping their head still. The officer will move the stimulus horizontally across the driver's field of vision, looking for specific eye movements that indicate impairment.

The three indicators that the officer is typically looking for during the HGN test are:

1. Lack of Smooth Pursuit: The officer checks whether the eyes smoothly track the stimulus as it moves horizontally. If the eyes show distinct jerking or are unable to smoothly follow the stimulus, it may suggest impairment.

2. Nystagmus at Maximum Deviation: The officer checks for the presence of nystagmus when the eyes are looking as far to the side as possible. In this position, nystagmus tends to be more noticeable if the person is impaired.

3. Onset of Nystagmus Prior to 45 Degrees: The officer determines if nystagmus is observed when the eyes are still moving but have not reached a 45-degree angle from the center. If nystagmus occurs at a lesser angle, it could indicate impairment.

It's important to note that the HGN test, like other field sobriety tests, is not 100% accurate in determining a person's level of impairment or their exact blood alcohol concentration (BAC). The results of the HGN test are subjective and can be influenced by factors such as the officer's experience, the driver's medical conditions, or environmental factors.

If an officer believes that a driver has failed the HGN test or shows signs of impairment, they may proceed with additional testing, such as a breathalyzer test or blood test, to gather more evidence of intoxication.

If you find yourself in a situation where you have been subjected to an HGN test or any other field sobriety test and are facing legal consequences, it is recommended to consult with a lawyer who specializes in DUI/DWI cases. They can provide guidance and help protect your rights under the laws of your jurisdiction.

A field sobriety test (FST) is a series of physical and cognitive tests conducted by law enforcement officers to determine if a driver is impaired by alcohol or drugs while operating a vehicle. These tests are typically administered during a traffic stop if the officer suspects the driver of driving while intoxicated (DWI) or driving under the influence (DUI). It's important to note that specific laws and procedures may vary by jurisdiction, so it's always advisable to consult the laws in your specific area for accurate information.

Commonly used field sobriety tests include:

Horizontal Gaze Nystagmus (HGN) Test

The officer observes the driver's eyes as they track a stimulus, usually a pen or small flashlight, moving horizontally. Nystagmus, an involuntary jerking of the eyes, can be more pronounced when a person is impaired.

Walk-and-Turn Test

The driver is asked to take a series of steps in a straight line, heel-to-toe, then turn around and return in the same manner. The officer looks for specific indicators of impairment, such as losing balance, stepping off the line, or not following instructions.

One-Leg Stand Test

The driver is instructed to stand with one foot raised approximately six inches off the ground while counting out loud. The officer watches for signs of impairment, such as swaying, using arms for balance, or putting the foot down.

These tests are designed to assess a driver's divided attention, balance, coordination, and ability to follow instructions. They are not foolproof, and other factors like physical conditions, nervousness, or fatigue can affect performance. However, if the officer observes signs of impairment during these tests, they may provide probable cause for the officer to proceed with further testing, such as a breathalyzer test or blood test to measure blood alcohol concentration (BAC).

It's important to cooperate with law enforcement officers during a traffic stop, but you also have rights. If you are arrested for DWI based on the results of a field sobriety test, it is advisable to consult with a lawyer who can provide legal advice based on the specific laws and regulations in your jurisdiction.

Enhanceable offenses are those for which the penalties increase based on previous convictions. The state's criminal justice system employs a system known as "multiple billings" or "habitual offender laws" to enhance the penalties for repeat offenders. These laws aim to deter individuals with a history of criminal behavior and provide stricter punishments for those who repeatedly violate the law.

The specific details and application of enhanceable offenses can vary depending on the nature of the crime and the number of prior convictions. Here is a general overview of how enhanceable offenses work in Louisiana:

Primary Offense: When a person is charged with a criminal offense, the penalties for that offense are determined based on the relevant laws and sentencing guidelines. This is the initial offense and is subject to its own set of penalties.

Prior Convictions: If the defendant has prior convictions, these convictions can be used to enhance the penalties for the current offense. In Louisiana, there are three levels of habitual offender status: Second, Third, and Fourth Offender.

Multiple Billings: If a person is charged with a new offense and has prior convictions, the prosecutor can file a multiple bill against the defendant. This means that the prosecutor is seeking to enhance the penalties for the current offense based on the defendant's criminal history.

Sentencing Enhancement: If the defendant is convicted of the current offense and the multiple bill is successful, the penalties for the primary offense are increased. The enhancement can result in longer prison sentences, higher fines, or both, depending on the nature of the crime and the defendant's habitual offender status.

Sentencing Guidelines: The specific penalties and enhancements for enhanceable offenses are determined by Louisiana's sentencing guidelines, which consider factors such as the severity of the offense and the defendant's criminal history.

It's important to note that the application of enhanceable offenses can be complex, and the specific penalties can vary depending on the circumstances and the offense in question. It's advisable to consult an attorney or refer to the Louisiana statutes for precise information about enhanceable offenses and their consequences in the state.

In Louisiana, the police can generally search a car without a warrant under certain circumstances, although there are exceptions and specific situations that may require a warrant. The key factors that determine whether a warrant is necessary for a car search in Louisiana include:

1. Consent: If the driver or owner of the vehicle gives voluntary and informed consent to the search, the police can conduct the search without a warrant.

2. Probable cause: If the police have probable cause to believe that the vehicle contains evidence of a crime or contraband, they can conduct a warrantless search. Probable cause means having reasonable grounds to believe that a crime has been committed or that evidence of a crime or contraband is present in the vehicle.

3. Exigent circumstances: If there are urgent circumstances that require immediate action, such as the imminent destruction of evidence, the police may search a vehicle without a warrant. The specific circumstances must be evaluated on a case-by-case basis.

It's important to note that while these are general guidelines, the interpretation and application of the law can vary, and there may be additional state or federal laws that impact vehicle searches in specific situations. If you have a specific legal concern or believe your rights have been violated, it is advisable to consult with a lawyer who is knowledgeable in Louisiana law.

The federal sentencing guidelines are a set of rules and principles used in the United States federal court system to determine the appropriate sentences for individuals convicted of federal crimes. They provide a structured framework that judges use to calculate the recommended sentencing range based on various factors related to the offense and the defendant's characteristics.

Here are the key elements and steps involved in the federal sentencing guidelines:

1. Offense Level: Each offense is assigned a base level, which reflects its seriousness. Additional offense levels can be added based on specific factors such as the amount of loss or drugs involved, the use of violence, or the defendant's role in the offense.
2. Specific Offense Characteristics: The guidelines include specific offense characteristics that may increase or decrease the offense level based on factors such as the victim's vulnerability, obstruction of justice, or use of a firearm during the commission of a crime.
3. Adjustments: Adjustments are made to the offense level based on factors such as the defendant's acceptance of responsibility, role in the offense, or cooperation with law enforcement.
4. Criminal History: The defendant's criminal history is taken into account to determine the criminal history category, ranging from I (lowest) to VI (highest). The category is determined based on the number and severity of prior convictions.
5. Sentencing Range: The offense level and criminal history category are combined to establish a recommended sentencing range. This range is determined by referring to a sentencing table provided in the guidelines.
6. Departures and Variances: In certain cases, the judge may depart from or vary the recommended sentencing range. Departures involve moving away from the guidelines based on specific circumstances mentioned in the guidelines themselves, while variances allow the judge to consider other factors not explicitly listed in the guidelines.

It's important to note that the federal sentencing guidelines are advisory rather than mandatory since a Supreme Court decision in 2005. However, they still significantly influence judges' decisions in federal sentencing, and judges must provide an explanation if they deviate substantially from the recommended range.

It's also worth mentioning that the guidelines underwent significant changes in 2018, with a focus on giving judges more discretion and reducing mandatory minimum sentences for certain offenses. Therefore, for the most up-to-date information, it's recommended to consult the official resources and guidelines of the United States Sentencing Commission (USSC).

If you fail a breath test while driving while under the influence (DWI) of alcohol or any controlled dangerous substance in Louisiana, you may face both administrative and criminal penalties.

Administrative Penalties: 

• If you refuse to take a breath test, your driver's license will be immediately suspended for a minimum of one year.
• If you take the test and your blood alcohol concentration (BAC) is 0.08% or higher, your license will also be suspended for a minimum of 90 days.

These administrative penalties can be challenged if the proper paperwork is submitted within thirty (30) days. 

Criminal Penalties:

• For a first offense DWI with a BAC of 0.08% or higher, you may face up to 6 months in jail, a fine of up to $1,000, and a driver's license suspension of up to 1 year.
• For a second offense DWI within 10 years, you may face up to 6 months in jail, a fine of up to $2,000, and a driver's license suspension of up to 2 years.
• For a third offense DWI within 10 years, you may face up to 5 years in jail, a fine of up to $2,000, and a driver's license suspension of up to 3 years.

It's important to note that these penalties can vary depending on the circumstances of the DWI offense. Additionally, Louisiana has a zero-tolerance policy for drivers under the age of 21, meaning that if you are under 21 and have a small amount of alcohol in your system, you may face penalties such as a license suspension and community service.

Stephen Hébert has received the Client Champion Gold award from Martindale-Hubbell.  The Martindale-Hubbell Client Champion Gold award is a recognition program that honors attorneys who excel at providing excellent client service. The award is based on client feedback and reviews, as well as ratings given by peers in the legal profession.

To be eligible for the award, attorneys must have a minimum of 10 client reviews and an average rating of 4.5 or higher on a scale of 1-5. Additionally, they must have been reviewed within the last two years and be in good standing with their state bar association.

The Client Champion Gold award is the highest level of recognition in the Martindale-Hubbell Client Champion program. It indicates that an attorney has demonstrated exceptional service to their clients and has consistently received high ratings and positive reviews.

Martindale-Hubbell had previously recognized Hébert’s outstanding abilities with an AV-Preeminent peer review rating.

It is possible to be arrested for Driving While Intoxicated ("DWI") in Louisiana after smoking marijuana.  Louisiana law prohibits driving while under the influence of any substance that impairs your ability to safely operate a vehicle.  More particularly, a driver can be charged with a DWI if their blood alcohol concentration (BAC) is 0.08% or higher or if they are impaired by any substance, including marijuana. Thus, Louisiana law considers someone to be "impaired" if their ability to drive safely is compromised by the substance they have consumed, regardless of whether it is alcohol, marijuana, or any other substance.

It is also important to note that Louisiana has a "zero-tolerance" policy for drivers under the age of 21. This means that a very small, detectable amount of alcohol or drugs in their system can result in a DWI charge.

In summary, if you are driving in Louisiana and have smoked marijuana, it is important to be aware of the potential impairment it may cause and avoid driving if you feel impaired in any way. If you are stopped by law enforcement and suspected of driving while impaired, you could be charged with a DWI.

In Louisiana, you have a right to a jury trial if you are charged with a crime that carries a potential sentence of imprisonment for more than six months. This right is guaranteed by both the United States Constitution and the Louisiana Constitution.

The Sixth Amendment of the United States Constitution guarantees the right to a jury trial in criminal cases. In Louisiana, Article I, Section 17 of the state constitution also guarantees the right to a trial by jury in criminal cases.

Therefore, if you are charged with a crime that carries a potential sentence of more than six months in Louisiana, you have the right to request a jury trial. However, if you waive your right to a jury trial, you may be able to have a trial before a judge alone. It is important to consult with an experienced criminal defense attorney in Louisiana to determine the best course of action for your case.

Under Louisiana law, the main difference between a felony and a misdemeanor is the severity of the offense and the potential punishment.

A felony is a serious criminal offense that carries a potential sentence of more than one year in prison. Examples of felonies in Louisiana include murder, rape, armed robbery, and certain drug offenses. Felonies are classified into different classes based on the severity of the offense, with first-degree being the most serious.

Misdemeanors, on the other hand, are less serious criminal offenses that carry a potential sentence of up to one year in jail. Examples of misdemeanors in Louisiana include simple assault, petty theft, and certain traffic violations.

In addition to the potential length of incarceration, other differences between felonies and misdemeanors include the types of fines that can be imposed, the right to vote, and the ability to possess firearms.

It is important to note that the classification of a criminal offense as a felony or a misdemeanor can vary from state to state, and even within the same state, depending on the specific circumstances of the case.