Hit-and-Run Driving Laws: New Orleans Attorney
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!