Flight from an Officer / Aggravated Flight from an Officer — Louisiana

 

Flight From An Officer — New Orleans Law

 

Flight from an Officer / Aggravated Flight from an Officer — La R.S. 14:108.1

 

No driver of a motor vehicle or operator of a watercraft shall intentionally refuse to bring a vehicle or watercraft to a stop knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver has committed an offense.  The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.

Whoever commits the crime of flight from an officer shall be fined not less than $150 to $500, or imprisoned for not more than 6 months, or both.

 

Aggravated Flight from an Officer:   is the intentional refusal of a driver to bring a vehicle to a stop or of an operator to bring a watercraft to a stop, under circumstances wherein human life is endangered, knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver or operator has committed an offense.  The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.

Circumstances wherein human life is endangered shall be any situation where the operator of the fleeing vehicle or watercraft commits at least two of the following acts:

 (1)  Leaves the roadway or forces another vehicle to leave the roadway.

(2)  Collides with another vehicle or watercraft.

(3)  Exceeds the posted speed limit by at least twenty-five miles per hour.

(4)  Travels against the flow of traffic or in the case of watercraft, operates the watercraft in a careless manner.

(5)  Fails to obey a stop sign or a yield sign.

(6)  Fails to obey a traffic control signal device.

Whoever commits aggravated flight from an officer shall be imprisoned at hard labor for not more than 5 years and may be fined not more than $2000.

 

May 21, 2014 update:

During the 2014 Louisiana Legislative session, the sentencing for Aggravated Flight from an Officer was increased from 0 – 2 years to 0 – 5 years.

The law makers also added the following to the statute:

 

Whoever commits the crime of aggravated flight from an officer that results in serious bodily injury shall be imprisoned at hard labor for not more than 10 years and may be fined not more than two thousand dollars.

For purposes of this Section, “serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

 

 

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