Asked in Criminal Law, DUI / DWI and Car Accidents for Louisiana

Q: my dad was killed in a head on car crash by a driver that had multiple drugs in his system (meth,weed) what's the charge

The crime lab reports excessive amounts of both.

1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Personal Injury Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: My sincerest condolences on your loss.

The criminal charge would likely be vehicular homicide, which is death resulting from an accident where, in relevant part:

1) The offender is under the influence of alcoholic beverages;

(2) The offender’s blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood; or

(3) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in La. R.S. 40:964.

In addition, your family would likely have a tort claim for wrongful death as well as a survival action. I would be happy to speak with you about your family's rights. Give me a call.

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