Legal Question in DUI Law in Louisiana

Re: neglegeant hommiside

Dear LawGuru Friend,

Yes, Negligent Homicide is a felony. Here is the statute setting forth the possibilities for a conviction of Negligent Homicide. A definition of Negligent Homicide can be found if you will Google Louisiana Leglslature, then go to Louisiana Laws and then to Revised Statutes. So here goes! Here's the article from the Louisiana Criminal Code setting forth the penalties that may be imposed for a conviction for Negligent Homicide:

�32. Negligent homicide

A. Negligent homicide is the killing of a human being by criminal negligence.

B. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.

C. Whoever commits the crime of negligent homicide shall be imprisoned with or without hard labor for not more than five years, fined not more than five thousand dollars, or both. However, if the victim was killed as a result of receiving a battery and was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than two nor more than five years.

Amended by Acts 1980, No. 708, �1; Acts 1991, No. 864, �1.

Good luck to you or the person that you are concerned for!

Sincerely,

Hardy Parkerson, Atty.

LA Bar No. 10327

Lake Charles, LA

Re: neglegeant hommiside

Since you posted this inder DUI law I will assume you really want to know about Vehicular Homicide R.S. 14:32.1. At 5 to 30 years with or without hard labor, it certainly is a felony.

The penalty is:

"B. Whoever commits the crime of vehicular homicide shall be fined not less than two thousand dollars nor more than fifteen thousand dollars and shall be imprisoned with or without hard labor for not less than five years nor more than thirty years. At least three years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.

If the operator's blood alcohol concentration is 0.15 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.

If the offender was previously convicted of a violation of R.S. 14:98, then at least five years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.

The court shall require the offender to participate in a court-approved substance abuse program and may require the offender to participate in a court-approved driver improvement program. All driver improvement courses required under this Section shall include instruction on railroad grade crossing safety."