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Avoiding Hit and Run Charges

Posted By: On Behalf of J. Kevin Stockstill, Attorney At Law // On:

La. R. S. 14:100 — Hit-and-Run Driving

In Louisiana, the hit and run driving law is "the intentional failure of the driver of a vehicle involved in causing an accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid.

Misdemeanor, where no death or serious injury has occured: 

  • Fine of no more than $500
  • No less than 10 days or more than 6 months in jail
Both fine and jail time is possible if there is evidence of the driver was under any type of intoxication, the consumption of alcohol or any type of drug contributed to the accident, or the driver failed to stop, give his identity, or render aid knowing that his actions could result in a present, past, or future criminal investigation or proceeding.

Felony, where death or serious injury is a direct result of the accident:

  • Fine of no more than $5,000
  • Jailed, with or without hard labor, for no more than 10 years.
  • Both fine and jail time
This offense is probatable.

Enhanced Felony, where the following conditions are fully met:

  • Death or serious injury occured
  • The driver knew that the vehicle he was operating was involved in an accident or that his actions resulted in an accident
  • The drive has been previously convicted of the following:
    • Driving While Intoxicated (R.S. 14:98)
    • Vehicular Homicide (R.S. 14:32.1)
    • Vehicular Negligent Injuring (R.S. 14:39.1)
    • First-Degree Vehicular Negligent Injuring (R.S. 14:39.2)
The penalty for this offense is no less than 5 and no more than 20 years in prison, with or without hard labor. It is not probatable or expungable.

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