Martha W. asked

⚖️  Law

In Louisiana, if a law requires exemptory exceptions to be written in the administrative code and no such exemptions have been written, is the law defective and can it be enforced? Specifically, if Louisiana Code sec.295.2 prohibits wearing headphones while driving but exempts an 'instrument for the improvement of defective human hearing,' and I use noise-canceling headphones for medical necessity, can I be exempted from this law if the Division of Motor Vehicles (DMV) refuses to carry out its duties under the law? Are there precedents under Louisiana law that would make the statute unenforceable against me as long as the responsible party refuses to carry out its duties, or must I argue the merits of my case to the judge in the absence of the mandated judgment of the DMV? Also, does the judge have jurisdiction and authority to order the DMV to comply?

April 24th, 2024

Edward M. answered

In Louisiana, the law is based on the civil and criminal code and not on stare decisis (precedential...

April 24th, 2024

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