A. Hit and run driving 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.
B. For the purpose of this Section:
(1) “To give his identity”, means that the driver of any vehicle involved in any accident shall give his name, address, and the license number of his vehicle, or shall report the accident to the police.
(2) “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.
(3) “Vehicle” includes a watercraft.
(4) “Accident” means an incident or event resulting in damage to property or injury to person.
C.(1)(a) Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
(b) Whoever commits the crime of hit-and-run driving where there is no death or serious bodily injury shall be fined not more than five hundred dollars, imprisoned for not less than ten days nor more than six months, or both when: (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.
(2) Whoever commits the crime of hit-and-run driving, 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, shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not more than ten years, or both.
(3) Whoever commits the crime of hit-and-run driving where all of the following conditions are met shall be imprisoned, with or without hard labor, for not less than five years nor more than twenty years:
(a) Death or serious bodily injury is a direct result of the accident.
(b) 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.
(c) 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.
The above statute is provided as a free service of the Baton Rouge personal injury attorney and criminal defense attorneys at Babcock Partners, LLC. Our Baton Rouge accident attorney and Louisiana criminal defense lawyers provide extremely aggressive representation for individuals in local, state, and federal courts throughout all of Louisiana.
If you, a family member, or friend or loved one has been charged with this crime, or were injured in an automobile accident, please call us locally at (225) 344-0911 or toll-free at 1-800-939-0911 for a free criminal or personal injury consultation. Or if you prefer, you can send us an e-mail by filling out the Free Consultation contact form here. The personal injury and criminal attorneys at Babcock Partners, LLC are standing by to assist you with your legal matter. Call now for a free consultation.
Updated: February 17, 2014