Vehicular Homicide — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, DWI DUI.

New Orleans Vehicular Homicide Attorney

 

Elizabeth B. Carpenter, Esq. — Serving clients in Orleans, Jefferson, Terrebonne, St. John, St. Tammany, St. Charles, St. Bernard, Tangipahoa and Assumption Parishes!
 
Attorney Elizabeth B Carpenter

Ms. Carpenter has defended nearly every kind of  Drinking and Driving case Imaginable.  It is very important to consult a DWI attorney immediately after a DWI arrest to preserve your driving privileges.  DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Quite often, these errors form enough evidence to have the entire case dismissed. 

 

Vehicular Homicide — La RS 14:32.1

Vehicular homicide is the killing of a human being caused proximately or caused directly by an offender engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance, whether or not the offender had the intent to cause death or great bodily harm, whenever any of the following conditions exists and such condition was a contributing factor to the killing:

(1)  The operator is under the influence of alcoholic beverages as determined by chemical tests administered under the provisions of R.S. 32:662.

(2)  The operator’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood.

(3)  The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.

(4)  The operator is under the influence of alcoholic beverages.

(5)The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.

It shall be an affirmative defense to any charge under this Paragraph pursuant to this Section that the label on the container of the prescription drug or the manufacturer’s package of the drug does not contain a warning against combining the medication with alcohol.

(6)  The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

 

Whoever commits the crime of vehicular homicide shall be fined not less than $2,000 dollars nor more than $15,000 dollars and shall be imprisoned with or without hard labor for not less than 5 years nor more than 30 years.  At least 3 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  If the operator’s blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per 100 cubic centimeters of blood, then at least 5 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  If the offender was previously convicted of a violation of R.S. 14:98, then at least 5 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  The court shall require the offender to participate in a court-approved substance abuse program and may require the offender to participate in a court-approved driver improvement program.  All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety.

 

Elizabeth B. Carpenter, Esq.  — Contact us to schedule a consultation!

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