Traffic Tickets

New Louisiana Motorist Laws Effective August

Louisiana DWI Dui Defense Attorney

 

Today is August 1st.  This means that many laws and amendments passed during the 2014 Louisiana Legislative Session will affect motorists throughout the state starting today. Below I have listed a few notable changes affecting motorists.  Please note: the new laws pertaining to DWI arrests and convictions are not included in this list.  I will post those next week.

 

1. School Zone Cell Phone Ban: Motorists are now prohibited from using any type of hand held wireless communications device while traveling through schools zones during posted hours. The law includes use of a cellular/wireless device for engaging in a voice call, accessing, reading, or posting to a social networking site, and/or writing, sending, or reading a text-based communication. The school zone cell phone ban does not apply if the device is being used to report an emergency, is being used in a hands-free manner, or while the vehicle is lawfully parked. Upon first violation of the school zone ban the fine is $175, subsequent violations can be up to $500, and if a crash occurs during the time of the violation, fines can be increased.

 

2. LA Litter Law Updates: Amendments to the LA litter law now specifically include cigarettes and cigarette butts to the official definition of litter. Additionally, the fine for a first offense increases to $300 with 8 hours of community service in a litter abatement program, second offense to $700 with 16 hours of litter abatement, and a third and subsequent offense to $1500 with 80 hours of service in a litter abatement program.

 

3. Six Year Driver’s License Renewal: The renewal period for Louisiana driver’s licenses has been extended from four years to six years with a fee increase to cover the extension of the renewal period. Fee increases vary by class of license, area of residence, and age of license applicant. (This amendment does not go into effect until July 1st, 2015).

 

4. Inspection Exemptions for Certain Trailers: New amendments to LA inspection sticker requirements exempt single axle two-wheeled trailers and boat trailers from state inspection requirements and the obligation to bear a valid safety inspection certificate/sticker. While exempted from the inspection process, the trailers must still possess the required safety equipment to operate on Louisiana roadways.

 

5. Vehicle Inspections Can be Conducted in Rain: Another amendment added to the LA inspection sticker requirements changes an old requirement that vehicle inspections stations could not inspect vehicles on rainy days. This new amendment allows vehicles to be inspected when it is raining if the conditions are safe and the vehicle can accurately be checked.

 

6. Increased Penalties for Fatigued Drivers in Fatal Crashes: Motorists who fail to maintain control of their vehicle due to falling asleep and directly or proximately cause the death of a human being, face increased penalties under Louisiana’s Careless Operation law. In addition to the Careless Operation penalties, motorists involved in a fatality crash may also be charged with Negligent Homicide.

 

7. Vehicular Homicide classified as a Crime of Violence: The act of Vehicular Homicide (causing the death of a person due to a crash where the driver was impaired) will now be classified as a crime of violence when the offender’s blood alcohol concentration exceeds 0.20 grams percent. The amended classification allows for increased penalties for impaired drivers involved in fatality crashes.

 

 

If you or a loved one are in need of an attorney to assist with motorist related offenses, please contact Attorney Elizabeth B Carpenter.

 

 

Obstructing Public Passage — Louisiana Law

 

 

 

 

Obstructing Public Passages — La. R.S. 14:100.1

 

No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.

Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both fined and imprisoned.

This Section shall not be applicable to the erection or construction of any barricades or other forms of obstructions as a safety measure in connection with construction, excavation, maintenance, repair, replacement or other work, in or adjacent to any public sidewalk, street, highway, bridge, alley, road, or other passageway, nor to the placing of barricades or other forms of obstruction by governmental authorities, or any officer or agent thereof, in the proper performance of duties.

 

 

New Orleans Interlock Device Installation Centers — Louisiana

New Orleans DWI Defense Attorney

 

If you are facing a DWI offense, Contact Attorney Elizabeth Bagert Carpenter — Serving Jefferson, Orleans, Baton Rouge, St. John, St. Tammany, St. Charles, St. Bernard Parishes.  Attorney Carpenter takes pride in the the results she obtains for her DWI clients. 

 

Interlock Device Installation Centers In New Orleans Area

 

Deep South Audio & Customs

3736 Downman Rd

New Orleans, LA 70126

Phone: (504) 309-6415

 

Jim Jr’s Auto Repair

2208 Hickory Ave.

New Orleans, LA 70123

Phone: (504) 727-1357

 

P M Automotive Service

716 Shrewsbury Rd

New Orleans, LA 70121

Phone: (800) 880-3394

 

Prestige Customs & Autosound

1510 N. Causeway Blvd.

Metairie, LA 70001

Phone: (504) 833-2824

 

Westco Breathalyzer, LLC Metairie

3236 Metairie Road

Metairie, LA 70001

Phone: (504) 382-7245

 

Anything Car Audio

2440 Delaware Suite C

Kenner, LA 70062

Phone: (504) 461-0442

 

Mobile One Autosound Westbank

516 Westbank Expressway

Gretna, LA 70053

Phone: (504) 366-1127

 

Superior Interlock of New Orleans

6245 Westbank Expressway #65

Marrero, LA 70072

Contact:Jeff Wegrzyn

Phone: (800) 565-1602

Phone: (877) 341-2136

 

 

Jefferson Parish DWI DUI Attorney

New Orleans DWI DUI Attorney

Elizabeth B. Carpenter, Esq. — DWI Attorney New Orleans 

 

Metairie DWI Attorney, Kenner DWI Attorney, Gretna DWI Attorney, Marrero DWI Attorney, Westwego DWI Attorney, Harvey DWI Attorney, Grande Isle DWI Attorney, Harahan DWI Attorney, Jean Lafitte DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based DWI Attorney.  We have handled many DWI in Jefferson Parish!  

 

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. 

 

 

St. Charles Parish DWI DUI Attorney / Traffic Ticket Attorney

Louisiana DWI DUI Attorney

Elizabeth B. Carpenter, Esq. — Attorney New Orleans 

The best way to handle a traffic ticket in St. Charles Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf.  Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

Ama DWI Attorney, Bayou Gauche DWI Attorney,  Boutte DWI Attorney, Des Allemands DWI Attorney, Destrehan DWI Attorney, Ormond DWI Attorney, Hahnville DWI Attorney, Killona DWI Attorney, Luling DWI Attorney, Montz DWI Attorney, New Sarpy DWI Attorney, Norco DWI Attorney, Paradis DWI Attorney, St. Rose DWI Attorney, Taft DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Charles Parish!  

 

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 Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes, these errors form enough evidence to have the entire case dismissed. 

 

 

 

St. Tammany Parish DUI DWI Defense

St. Tammany Parish DWI DUI Lawyer

Elizabeth B. Carpenter, Esq. — Attorney Orleans and St. Tammany Parishes 

 

 

Covington DWI Attorney, Mandeville DWI Attorney, Slidell DWI Attorney, Abita Springs, DWI Attorney, Madisonville DWI Attorney, Pearl River DWI Attorney, Folsom DWI Attorney, Sun DWI Attorney, Eden Isle DWI Attorney, Lacombe DWI Attorney

 

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney.  We have handled many DWI in St. Tammany Parish!  

 

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. 

 

St. Tammany Traffic Ticket Fines


A processing fee of 2.5% is required on all payments made in the form of credit cards, debit cards or checks

Speeding 

Speeding 1-10 MPH over limit 189.50

Speeding 11-20 MPH over limit 209.50

Speeding 21-30 MPH over limit 234.50

Speeding 31-40MPH over limit COURT

Speeding 41MPH and move over limit COURT

Speeding in School Zone

Speeding in School Zone 5-10 MPH Over Limit COURT

Speeding in School Zone 10-15 MPH Over Limit COURT

Speeding in School Zone 15+ MPH Over Limit COURT

Seatbelt and Failure to Restrain 

Failure to Wear Seatbelt 25.00

Failure to Restrain Child – 1st Offense 204.50

Failure to Restrain Child – 2nd Offense 254.50

Failure to Change Registration 204.50 209.61

Equipment and Parking Violations

Handicapped Parking Zone Violation – 1st Offense 449.50

Handicapped Parking Zone Violation – Subsequent Offense 674.50

Inspection Sticker Expired or None 179.50

Improper Equipment 204.50

Improper Parking 204.50

Insecure Load – No Damage 254.50

Insecure Load – Property Damage 329.50

Off Road Vehicle on Public Highway 254.50

Overload or Spilling Contents 254.50

Parking in Fire Zone – 1st Offense 329.50

Parking in Fire Zone – 2nd Offense 654.50

Switched Plates 254.50

Vehicle License Expired 204.50

Vehicle License None 204.50

Moving Violations

Crossing Median 204.50

Drag Racing 329.50

Driving Through Safety Zone 329.50

Driving on Unopened Highway 204.50

Driving on Wrong Side of Highway 304.50

Excessive Acceleration 204.50 209.61

Failure to Dim Headlights 204.50 209.61

Failure to Maintain Control 204.50 209.61

Failure to Yield Right of Way 204.50

Failure to Report Accident 204.50

Following Authorized Emergency Vehicle – 1st Offense 329.50

Drivers License Not on Person 169.50

Following Authorized Emergency Vehicle – 2nd Offense 654.50

Following Too Close 254.50 260.86

Hit and Run COURT Driving Under Suspension COURT

Impeding Traffic 204.50

Improper Left Turn, No Accident 204.50

Improper Passing or Backing 204.50

Leaving Scene of an Accident COURT

Negligent Injury COURT

Passing stopped School Bus COURT

Reckless Operation (ROMV) COURT

Running Stop Sign 204.50

Running Red Light 254.50

Running or Disobeying Railroad Signal – 1st Offense 329.50

Simple Obstruction COURT

License and Insurance Violations

No Permit/Registration/Eye Goggles 179.50

Driving w/o Glasses or Restriction 204.50

No Drivers License 204.50

No Insurance Papers in Vehicle 184.50

False Information on Liability Insurance 329.50

Allowing Unlicensed Minor to Drive 204.50

Driving Under Revocation COURT

Expired Drivers License 194.50

 

 

St. John Parish DWI Defense / Traffic Ticket Attorney

Elizabeth B. Carpenter, Esq. — Criminal Attorney St. John the Baptist 

 

The best way to handle a traffic ticket in St. John Parish is to hire Elizabeth B. Carpenter, an experienced traffic attorney, to advocate on your behalf.  Having a traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

 

Edgard DWI Attorney, Garyville DWI Attorney, LaPlace DWI Attorney , Reserve DWI Attorney, Wallace DWI Attorney

Contact Elizabeth B. Carpenter, Esq. a New Orleans based Traffic Ticket and DWI Attorney (504) 599-5955.  We have handled many DWI in St. John the Baptist Parish! 

 

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. 

 

Schedule of Fines St. John Parish


TRAFFIC FINES

Violation Fine With Contempt
1-5 MPH Over the Speed Limit $174.00 339.00
6-10 MPH Over the Speed Limit 184.00 349.00
11-14 MPH Over the Speed Limit 194.00 359.00
15-20 MPH Over the Speed Limit 204.00 369.00
21-24 MPH Over the Speed Limit but under 90 MPH 214.00 379.00
25 MPH or more over the Speed Limit but under 90 MPH 361.00 526.00
90 MPH or More 444.00 609.00
No or expired Driver’s License 159.00 324.00
Failure to change address 159.00 324.00
Defective Equipment and no or expired MVI Sticker 174.00 339.00
No Registration 159.00 324.00
No or Expired License Plate 219.00 384.00
Careless Operation of MV 261.00 426.00
Drag Racing 511.00 676.00
Failure to Maintain Control 219.00 384.00
Following Too Close 219.00 384.00
Failure to Yield 219.00 384.00
Driving on Shoulder 219.00 384.00
Improper Lane Usage 219.00 384.00
Disobeying Stop Sign / Red Light 261.00 426.00
Failure to stop at R.R. 219.00 384.00
Improper Backing 219.00 384.00
No Seat Belt 25.00 190.00
No Child Restraint 50.00 215.00
Parking in a Handicapped Zone 409.00 574.00
Parking in a Fire Zone 219.00 384.00
All other Parking Violations 159.00 324.00
Illegal TInt 169.00 334.00
Driving Under Suspension 219.00 384.00
Smoking with a juvenile in vehicle 219.00 384.00
DWI Must Appear in Court
ROMV Must Appear in Court
Hit & Run Driving Must Appear in Court
Wildlife & Fisheries Must Appear in Court
Loud Music Must Appear in Court
Open Container 209.00 374.00
Litter Ticket 209.00 374.00
Contempt of Court Fine is $165.00
Misdemeanor DWI court costs are set at $304.50. All other Misdemeanor court costs are set at $159.00. Felony court costs are set at $304.50.

 

Louisiana Statutes Relating to Bicycling

 

 

Bicycling Laws In New Orleans

 

New Orleans Traffic Citation Attorney

 

 

RS 32:106 Methods of Giving Hand and Arm Signals

 

All signals herein required to be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

Left Turn
Hand and arm extended horizontally with the had open and the back of the hand to the rear

Right Turn
Hand and arm extended upward at the angle of forty-five degrees from shoulder or elbow, with the hand open and back of the hand to the rear

Stop or Decrease Speed

Start hand and arm extended downward at an angle of forty-five degrees from shoulder or elbow, with the hand open and the back of the hand to the rear

 

RS 32:193 Operation of Bicycles; General Provision

 

The regulations applicable to bicyclists shall apply whenever a bicycle is operated upon a highway or upon any path set aside for the exclusive use of bicycles.

 

RS 32:194 Traffic Laws Apply to Persons Riding Bicycles

 

Every person riding a bicycle upon a highway of this state shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle.

 

RS 32:195 Riding on Bicycles

 

A person propelling a bicycle shall not ride other than upon or astride a permanent or regular seat attached thereto.

No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

A person operating a bicycle shall at all times keep at least one hand upon the handle bars thereof.

 

RS 32:196 Clinging to Vehicles

 

No person riding upon any bicycle shall attach himself or the bicycle to any vehicle upon a highway.

 

RS 32:197 Riding on Roadways and Bicycle Paths

 

A. Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following circumstances:

(1) When overtaking and passing another bicycle or vehicle proceeding in the same direction.

(2) When preparing for a left turn at an intersection or into a private road or driveway.

(3)  When reasonably necessary to avoid fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lane or any other conditions that make it unsafe to continue along the right-hand curb or edge of the roadway. For purposes of this Paragraph, a “substandard width lane” is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.

(4) When approaching a place where a right turn is authorized.

B. Persons riding bicycles upon a roadway, which includes an improved shoulder, may ride upon the improved shoulder.

C. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

D. Persons riding bicycles shall be allowed to operate on the shoulder of a roadway.

E. Any person operating a bicycle upon a roadway or a highway, where there are two or more marked traffic lanes and traffic travels in only one direction, may ride as near the left-hand curb or shoulder of that roadway as practicable when preparing for a left turn.

 

RS 32:199 Bicycle Helmets; Restraining Seats

 

With regard to any bicycle used on a public roadway, public bicycle path, or other public right-of-way, no parent, guardian, or person with legal responsibility for the safety and welfare of a child shall knowingly allow any of the following:

Such child under the age of twelve to operate or ride as a passenger on a bicycle without wearing an approved helmet of good fit fastened securely upon the head with the straps of the helmet.

Such child who weighs less than forty pounds or is less than forty inches in height to be a passenger on a bicycle without being properly seated in and adequately secured to a restraining seat.

 

RS 32:203 Motor Vehicles Operating in Bicycle Lanes

 

A. No person shall operate a motor vehicle in a bicycle lane except as follows:

(1) To prepare for a turn within a distance of two hundred feet from the intersection.

(2) To enter or leave the roadway onto an alley, private road, or driveway.

(3) To enter or leave a parking space when parking is permitted adjacent to the bicycle lane.

B. Any person operating a motor vehicle upon a bicycle lane in accordance with Subsection A of this Section shall yield the right-of-way to all bicycles and electric mobility aids within the bicycle lane.

C. This Section shall not prohibit the use of a motorized bicycle in a bicycle lane when the operator travels at no speed greater than what is reasonable or prudent, has due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane and in a manner which does not endanger the safety of bicyclists.

D. In case of an emergency, the driver of a motor vehicle may lawfully operate the vehicle in a bicycle lane in accordance with the normal standards of prudent conduct to protect himself and others from harm. When the emergency ends, the motor vehicle shall not be operated in the bicycle lane.

 

RS 32:329 Bicycles; Front Lamps; Side and Rear Reflectors; Rear Lamps

 

A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear and a reflector on each side facing outward at a right angle to the bicycle frame, all of a type approved by the department which shall be visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

B. Every bicycle when in use at nighttime on a state highway, parish road, or city street, in addition to the requirements of Subsection A of this Section, shall be equipped with a lamp emitting a red flashing light or a red light on the rear of the bicycle, which has sufficient candle power so that such lamp projects light from all distances within one hundred feet to six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle.

C. No person shall sell or offer for sale any bicycle unless such bicycle is equipped with at least one red reflector on the rear and one reflector on each side as required by this Section.

D. After December 31, 2010, no person shall operate any bicycle at nighttime on a state highway, parish road, or city street, unless such bicycle is equipped with at least one lamp emitting a red flashing light or a red light on the rear as required by Subsection B of this Section.

 

RS 32:346 Brakes on Bicycles

 

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

 

RS 32:76.1 Limitations on Passing Bicycles

 

A. This Section shall be known as the Colin Goodier Protection Act.

B. The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall exercise due care while the motor vehicle is passing the bicycle and shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet and shall maintain such clearance until safely past the overtaken bicycle. An operator of a motor vehicle may pass a bicycle traveling in the same direction in a no-passing zone only when it is safe to do so.

 

Contact

If you have received a traffic citation in New Orleans, contact an experienced New Orleans Traffic Defense Attorney.

 

 

 

Traffic Ticket Attorney – New Orleans Traffic Court

New Orleans Traffic Violations Defense

 

New Orleans Traffic Ticket Attorney

 

The best way to handle a New Orleans traffic ticket in is to hire an experienced New Orleans traffic attorney to advocate on your behalf.  Having a New Orleans traffic lawyer handling your ticket pays off in the long-run — your fines can be minimized, your insurance premiums will remain low, and your driving record will be clean.   Traffic tickets impact your insurance premiums for many years.

 

Attorney Elizabeth B. Carpenter, a New Orleans Traffic Ticket and New Orleans DWI Attorney.

 

 

New Orleans Traffic Court is open for business to handle New Orleans Traffic Tickets Monday through Friday at 727 S.
Broad Street New Orleans, LA.  70119

 

Ticket payment infomation: 504-658-8500

 

Trials held in Traffic Court Division A and Division B are scheduled Monday-Friday at 8:00 a.m. Trials in Division C and Division D are scheduled Monday – Friday at 2:00 pm.

 

 

 

 

Hit-and-Run Driving Law — Louisiana

 

 

Hit-and-Run Driving Laws: New Orleans Attorney

 

Hit and Run Driving New Orleans Louisiana

 

Hit and run driving law in Louisiana is “the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.”  This crime can be either a misdemeanor or a felony.   If the facts of the case support the allegation of death or serious injury, then the offense is a felony.  When there is no death or serious injury, the offense is a misdemeanor.  The statute for this offense can be found at La. R.S. 14:100.

 

 

Misdemeanor Hit and Run Louisiana

 

The penalty for misdemeanor hit-and-run driving shall be a fine of not more than $500.00 dollars or imprisoned for not more than 6 months, or both.  This is a misdemeanor in the state of Louisiana.

 

The penalty for misdemeanor hit-and-run driving shall be a fine of not more than $500.00, imprisoned for not less than 10 days nor more than 6 months, or both when all of the following conditions are in place:

(i) there is evidence that the vehicle operator consumed alcohol or used drugs or a controlled dangerous substance prior to the accident;

(ii) the consumption of the alcohol, drugs, or a controlled dangerous substance contributed to the accident; and

(iii) the driver failed to stop, give his identity, or render aid with the knowledge that his actions could affect an actual or potential present, past, or future criminal investigation or proceeding.

 

 

Felony Hit and Run Louisiana

 

As I indicated above, felony hit-and-run occurs when death or serious bodily injury is a direct result of the accident and when the driver knew or should have known that death or serious bodily injury has occurred.  The penalty for this offense shall be a fine of not more than $5,000.00 dollars or imprisoned with or without hard labor for not more than 10 years, or both.  This offense is probatable — meaning the judge may suspend the offender’s sentence and place the offender on probation for a number of years.

 

The statute also provides for an enhanced felony hit-and-run offense where all  of the following conditions are met — the penalty for this enhanced offense shall be imprisonment, with or without hard labor, for not less than 5 years nor more than 20 years.  This is not a probatable offense and it is not something that can later be expunged.

 

1.  Death or serious bodily injury is a direct result of the accident.

2.  The driver knew or must have known that the vehicle he was operating was involved in an accident or that his operation of the vehicle was the direct cause of an accident.

3.  The driver had been previously convicted of any of the following:

(i)  A violation of R.S. 14:98, or a law or an ordinance of any state or political subdivision prohibiting operation of any vehicle or means of transportation or conveyance while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance on two or more occasions within ten years of this offense.

(ii)  A violation of R.S. 14:32.1-vehicular homicide.

(iii)  A violation of R.S. 14:39.1-vehicular negligent injuring.

(iv)  A violation of R.S. 14:39.2-first degree vehicular negligent injuring.

 

 

If you or a loved one has been cited or arrested for a Hit-and-Run and would like to hire an attorney, contact Elizabeth B. Carpenter.  We are ready to hear from you!

 

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