Have you recently been charged with a hit and run or fleeing the scene offense in the Denham Springs or Livingston Parish area of Louisiana? If so, you should seek legal assistance immediately. Carl Barkemeyer is a criminal defense attorney in Livingston Parish that also has lots of experience in defending hit and run cases. He has defended over one hundred clients charged with hit and run in Louisiana. There are many issues to consider in fleeing the scene cases. Since an accident occurred, there will likely be a civil case involving insurance companies, adjusters, and other lawyers. Mr. Barkemeyer understands how these other issues overlap and can give assistance accordingly.
To understand how to fight a hit and run charge, we first need to comprehend what a hit and run charge is and how they come about. 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/her identity, and to render reasonable aid. However, the part of the law "To give his/her identity", can be quite ambiguous and unclear. Essentially, the driver is required, in any accident, to provide his/her name, address, and the license number of his car, or contact the police to do an accident report. The driver must either provide the information to the other driver or to the police. "Accident" means an incident or event resulting in damage to property or injury to person. So, if it is reasonable that the driver should know that there is damage to the other vehicle or a person is hurt, then the driver must stop.
Hit and run charges are quite a serious offense in Louisiana and the nation as a whole. If you are involved in an accident, it is seen as the legally and morally right thing to do to stop and make sure everyone involved is safe and to provide your contact info so that all problems with the property and health of persons involved can be fixed. Sometimes people are scared to stop after an accident because they are afraid of getting in trouble or getting arrested. However, if you hit and run, you will actually fall into more trouble than if you had just stopped in the first place. The punishments for hit and run can be very serious so it is recommended you stop after an accident but if you have already been charged with the offense then you should contact us immediately for legal help in your defense.
As previously stated, the penalty for hit and run charges are very strict and can cause drastic problems in your personal life or the people around you. A hit and run charge can be either or misdemeanor or felony depending on the circumstances and include the following:
If there is no death or serious bodily injury, the court shall fine the defendant not more than $500, sentence him to jail for not more than six months, or both.
If there is no death or serious bodily injury, the judge shall fine the defendant not more than $500, sentence him to jail time for not less than 10 days nor more than 6 months, or both when it can be proved that the driver consumed alcohol or drugs which contributed to the accident and the driver failed to stop knowing that his actions could affect his prosecution.
Felony hit-and-run driving 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 judge shall be fine the defendant not more than $5000, sentence him to imprisonment with or without hard labor for not more than 10 years, or both.
The most serious felony hit-and-run driving charge occurs where all of the conditions below are met. In that case, the judge shall order imprisonment, with or without hard labor, for not less than 5 years nor more than 20 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: DWI, on two or more occasions within ten years of this offense, vehicular homicide, vehicular negligent injuring, or first degree vehicular negligent injuring.
Hit and run charges carry very heavy penalties if you are found guilty in Livingston Parish in the state of Louisiana. Legal assistance is highly recommended so that you may find the most ideal outcome in court and try to attain penalties that will not severely negatively impact your life or the lives of your loved ones. Fortunately, Carl Barkemeyer, criminal defense attorney is very experienced with hit and run cases in Livingston Parish. He knows the ins and outs of the Louisiana legal system and can aid in your case for defending a hit and run charge. Alternatives to punishment can be sought after and attained with the help of our defense attorneys in the Denham Springs area. We highly recommend you reach out to us for help in the chance that you are charged with either misdemeanor or felony hit and run in Louisiana. Contact our offices at (225) 964-6720 to discuss legal representation for your case.