Hit and run on a dog?

[4sooth]

In a single month one of my co-workers hit (In Lacombe, La.) A dog, two cows and a shetland pony--with the same car!! Each time he was on his way to work, it was foggy and he was driving too fast for the conditions. This was on Hwy 434. When the owner of the pony found out he worked for the phone company, he tried to sue the company since our guy was on his way to work! He claimed the pony was a derby contender!!!

 

[oleheat]

Actualy a freind to me sent a video that he indicate was funny. When I say that it not to me seem all that hilarous, he tell me to visit here and look for a 'expert".

After I now am visiting the site I could narowed choices down to two or 3 people. And video make more sense now to me

Awesome new accent, Brett! Eastern European, by chance?

 

[Nolacopusmc]

I know.

But I want to hear it from him.

.

The OP asked if you could be charged with a hit and run....

For the example that the OP posted, yes, I am saying that he COULD face a charge for 14:100 if the officer / DA choose to based on the law as posted. 14:100 is pretty clear. Is it common? NO. Have I ever been in that situation? No. COuld I see it happening based on similar calls I have been on? Absolutely!








BTW.....if he had done it in JP, it would still be illegal to run a dog over (hit) and not stop (run)

Sec. 7-142. - Autoists striking animals.

Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the sheriffs office, the parish animal shelter or a recognized humane organization.

From your initial posts, it would appear you do not agree that 14:100 would apply in the case the OP listed as his example. If you would, what specific clause of 14:100 does not apply or what exception listed in the statute exists that makes the example not applicable?

 

[edman87k5]

Stopping: polite or stupid?
What happens when the driver stops and is severely pissed that an 80 pound animal just did several thousand dollars in damage to their vehicle and the animal owner is pissed that their pet is convulsing? Lose/lose.
Yes, I have accidentally hit 2 dogs, 1 in front of the owner who happened to be my elderly neighbor and at less than 5 mph. Yes, she was distraught and saw it happen and knew it was not my fault. I was apologetic and truly concerned. She asked me to leave and I did, we talked about it a couple days later and remained good friends even after I moved.
Now, on the other end of the scale lies the 60+ pound lab I hit in the first new vehicle I had ever bought ( maybe 2 months old) in front of some undesirable housing. I did stop, to chck the truck a few hundred yards up and since I had to pass back by to take the truck home and swap to another vehicle, did visually verify that the dog was not moving. Had I went to the houses to figure out who the dog belonged to, how do you suppose that would have went? Me- very pissed about damage to my vehicle and that the owner did not keep the dog out of the road while my 2 of similar size and breed were in a fenced yard 4 miles up the same highway. I can just see us talking over our problems real nice like.
I was not at fault and the dog owner would have been liable for my damages( even though they were very minor) and I would live to see any authority try to put a hit and run, leaving the scene, etc. charge on any driver for this ever. Show me just one.

 

[Nolacopusmc]

Clauses? You know (or should know) that a district attorney can "interpret" any statute as he pleases. I have policed/made arrests/been to court in perhaps a quarter of the various jurisdictions in this state. I did make an effort NOT to get my name on ANY paperwork in Jefferson and Orleans parishes, but wasn't always successful. I cannot think of any of those DA offices, had I arrested someone for hit and run on a dog, that would not have thrown it out with a snort.

I knew a couple of DAs who would have called my commander, questioned my sanity, and suggested I be made to take a drug test.

You can talk about clauses all you care to. I'm talking about reality.

Thanks for answering my question....

.

How many decades ago was the last time you were in court on an actual criminal case? I ask not to ridicule, but I am sure you would agree, what was "normal" for you when you were on the road has gotten progressively more ridiculous everyday. I agree that the discretion of the LEO and the DA was much more sound even 10-20 years ago. Even though things were technically illegal (like this), more logical and realistic application was used.

As I have said repeatedly, it would be rare, but not because it is in appropriate, but because unless there is an eyewitness or video, it will be almost impossible to prove, as is the case with roughy 80-90% of HnR that do not have real evidence or witnesses. Furthermore, you and I both know it is not fair to judge one DA against another (especially in my neck of the woods) With DA's refusing charges on domestic abuse, sexual assault, 3-4th offense DUI, and all manner of other crimes simply because they refuse charges is not a fair litmus test of the legality of the crime.



The same can be said for charging someone with illegally concealing in their vehicle without a permit.

And....

SHooting a snake in their yard....


And .....

A whole host of other laws that are ridiculous in their intent, wording, and most often application.

However, that makes them no less valid.


BTW....there is currently a case in process now concerning the whole illegal CCW in your vehicle with no permit, so we may have an answer to that one.

That was another one we said would never see the inside of a courtroom....and that is where it finds itself.

 

[troy_mclure]

In a single month one of my co-workers hit (In Lacombe, La.) A dog, two cows and a shetland pony--with the same car!! Each time he was on his way to work, it was foggy and he was driving too fast for the conditions. This was on Hwy 434. When the owner of the pony found out he worked for the phone company, he tried to sue the company since our guy was on his way to work! He claimed the pony was a derby contender!!!

wow, my brother hit a cow with a toyota corolla. it pretty much gutted the cow as it rolled up the hood and caved in the roof.

it completely totaled the car, and the farmer's insurance paid for the car.

 

[tim9lives]

I think there are many variables,,,but foremost in my opinion,,,would depend whether the dog was hit by a car traveling 35 mph on a busy main thoroughfare versus if the dog was hit by a car traveling 45 mph in a residential 20 mph neighborhood. On the busy roadway when a dog runs into the street,,,,we all know that the driver has little control over that situation and it is nearly impossible to avoid the dog in those cases. But,,,when you have some jackass driving way too fast in a residential neighborhood I would have to say the driver is partially blame in that case. A child can just as easily run into the roadway in residential neighborhoods.

 

[Leonidas]

2006 Louisiana Code - RS 30:2531 — Intentional littering prohibited; criminal penalties; simple littering prohibited; civil penalties; special court costs

§2531. Intentional littering prohibited; criminal penalties; simple littering prohibited; civil penalties; special court costs

A. Intentional littering. (1) No person shall intentionally dispose or permit the disposal of litter upon any public place in the state, upon private property in this state not owned by him, upon property located in rural areas in this state not owned by him, or in or on the waters of this state, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley, except when such property is designated by the state or by any of its agencies or political subdivisions for the disposal of such litter and such person is authorized to use such property for such purpose.

(2) Whoever violates the provisions of this Subsection shall:

(a) Upon first conviction, be fined two hundred fifty dollars and sentenced to serve eight hours of community service in a litter abatement work program as approved by the court.

(b) Upon second conviction, be fined five hundred dollars and sentenced to serve sixteen hours of community service in a litter abatement work program as approved by the court.

(c) Upon third or subsequent conviction, be fined one thousand two hundred fifty dollars, have his motor vehicle driver's license suspended for one year, and be sentenced to serve eighty hours of community service in a litter abatement work program as approved by the court, or all or any combination of the penalties provided by this Subparagraph.

B. Simple littering. (1) No person shall dispose of, or create a condition that the person knew or should have known was likely to result in the disposal of, litter upon any public place in this state, upon private property in this state not owned by him, upon property located in a rural area in this state not owned by him, or in or on the waters of this state, whether from a vehicle or otherwise, including but not limited to any public highway, public right-of-way, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley.

(2) Persons found liable under the provisions of this Subsection shall be assessed the following civil penalties and costs:

(a) For a first violation, such person shall either be fined seventy-five dollars or given the option to perform eight hours of community service in a litter abatement work program in lieu of the assessed seventy-five dollar fine.

(b) For a second and each subsequent violation, such person shall either be fined five hundred dollars or be given the option to perform sixteen hours of community service in a litter abatement work program in lieu of the five hundred dollar fine.

C. Whoever violates the provisions of this Section shall pay special court costs of one hundred dollars in lieu of other costs of court and the special court costs shall be disbursed as follows:

(1) Twenty dollars shall be paid to the judicial expense fund for that judicial district, or to the justice of the peace or the city court, as the case may be.

(2) Twenty dollars shall be paid to the office of the district attorney, to the constable, or to the municipal prosecuting attorney, as the case may be.

(3) Ten dollars shall be paid to the clerk of the district court, or to the justice of the peace or the city court, as the case may be.

(4) Twenty-five dollars shall be paid to the state treasury for credit to the Keep Louisiana Beautiful Fund.

(5) Twenty-five dollars shall be paid to the law enforcement agency that issued the citation.

D.(1) If the litter is disposed from a motor vehicle, boat, or conveyance, except a bus or large passenger vehicle or a school bus, all as defined in R.S. 32:1, there shall be an inference that the driver of the conveyance disposed of the litter. If such litter was possessed by a specific person immediately before the act of disposing, there shall be an inference that the possessor committed the act of disposing.

(2) When litter disposed in violation of this Section is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings, which display the name of a person or in any other manner indicate that the article belongs or belonged to such person, there shall be an inference that such person has violated this Section.

E. The person shall be cited for the offense by means of a citation, summons, or other means provided by law.

F. A person may be found guilty or held liable and fined under this Section although the commission of the offense did not occur in the presence of a law enforcement officer if the evidence presented to the court establishes that the defendant has committed the offense.

G. For the purposes of this Section, each occurrence shall constitute a separate violation.

H. In addition to penalties otherwise provided, a person convicted or held liable under this Section shall:

(1) Repair or restore property damaged by or pay damages for any damage arising out of the violation of this Section.

(2) Pay all reasonable investigative expenses and costs to the investigative agency or agencies.

I. Notwithstanding any provision to the contrary, this Section shall not apply to any activity by persons owning or operating duly licensed commercial vehicles engaged in the collection and transportation of solid waste, construction, or demolition debris or wood waste, as such terms are defined by the rules and regulations of the Department of Environmental Quality, occurring in the course of servicing scheduled pickup routes pursuant to commercial or local government contracts or en route to an authorized pickup station, transfer station, or disposal facility.

 

[Blackhawk]

Would "open range" laws figure somewhere in here, if the incident occurred in a locality with Open Range law in effect?

 

[Nolacopusmc]

Would "open range" laws figure somewhere in here, if the incident occurred in a locality with Open Range law in effect?

What is open range law? I am unfamiliar with that term. DO you mean open range as in animals free to roam?

 

[Blackhawk]

Don't know too much about Open Range law myself. My understanding is that in an open range designated area (Parish?) if you hit an animal with your vehicle you are responsible to the owner for damages, as opposed to not being responsible in non-open range areas. Never seen anything in writing, just what I've heard. I thought that any laws about this subject might be pertinant to this discussion. Anyone?

 

[spanky]

I think there are many variables,,,but foremost in my opinion,,,would depend whether the dog was hit by a car traveling 35 mph on a busy main thoroughfare versus if the dog was hit by a car traveling 45 mph in a residential 20 mph neighborhood. On the busy roadway when a dog runs into the street,,,,we all know that the driver has little control over that situation and it is nearly impossible to avoid the dog in those cases. But,,,when you have some jackass driving way too fast in a residential neighborhood I would have to say the driver is partially blame in that case. A child can just as easily run into the roadway in residential neighborhoods.

Been there, done that. Going about 17 in a 20 when a kid in a bike darted out from a blind driveway (with a car parked on side the road). Even though EVERYONE including witnesses and cops said there was zero way we could have avoided hitting him, our insurance still cut them a check.

 

[Cat]

I really hate doing this because I think LSP is spot on with a DA's reaction...

And I'll agree this is LA and not NY. I'm still digging but I found this so there is legal thought backing this logic, such as it is....
New York

On November 3rd, Governor Pataki signed a law that increases the penalty for leaving the scene of a motor vehicle accident where a guide, service or hearing dog has been struck and either injured or killed. Current law requires a driver whose car hits a dog, cat, horse or cattle, to stop, attempt to locate the animal’s owner or law enforcement in the area, and take other reasonable steps to ensure that the animal receives necessary attention.

http://www.deadlyroads.com/state-laws.html

 

[Emperor]

Been there, done that. Going about 17 in a 20 when a kid in a bike darted out from a blind driveway (with a car parked on side the road). Even though EVERYONE including witnesses and cops said there was zero way we could have avoided hitting him, our insurance still cut them a check.

Man do I know this one! Driving home from work many years ago on Broadway Street Uptown in New Orleans. Little tiny kid, maybe 4 or 5, walks right in front of me from middle of 2 cars. Lucky for me, I actually picked up on his intended tragectory from the sidewalk. I anticipated his gait and said to myself this kid is not going to stop! I was already slowing down but had to lock it up anyway cause he came all the way in the middle of the street. That could have been a horrible outcome. But I was paying attention.

Saddest thing of all was his mother was on the front porch the whole time, and even though I got out of my truck to scoot the kid back toward her, she didn't even acknowledge how close her kid came to being roadkill.

 

[Hitman]

Blackhawk you might be referring to "Livestock Laws". Dogs do not fall under that defintion;


Livestock
RS 3:2802
§2802. Definitions

As used in this Subpart, the following terms are defined as follows:

(1) "Livestock" means cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal.

However I did find this;
LA R.S. 3:2771
§2771. Dogs not to run at large

No person shall suffer or permit any dog in his possession, or kept by him about his premises, to run at large on any unenclosed land, or trespass upon any enclosed or unenclosed lands of another.

 

[Leonidas]

Need help.

Just ran over a 20 oz. plastic coke bottle. I know it is someone else's property, because it is not mine. I am sorry to say that it was in like new condition, but is now completely destroyed. It was unavoidable, as a wind gust moved it at the last instant. I am on scene, and have attempted to ascertain ownership, to no avail. Short of DNA testing, I don't believe that will be possible.

I wish to avoid further legal consequences, including 4am warrant service. What is the appropriate administrative agency to report. Sanitation, Highways, or LE.

 

[Tulse Luper]

Need help.

Just ran over a 20 oz. plastic coke bottle. I know it is someone else's property, because it is not mine. I am sorry to say that it was in like new condition, but is now completely destroyed. It was unavoidable, as a wind gust moved it at the last instant. I am on scene, and have attempted to ascertain ownership, to no avail. Short of DNA testing, I don't believe that will be possible.

I wish to avoid further legal consequences, including 4am warrant service. What is the appropriate administrative agency to report. Sanitation, Highways, or LE.

Turn yourself in and beg for leniency. Have a trusted friend drive you; savor that last conversation you make as a free man.

 

[Emperor]

You guys are brutal! But humorous.

 

[Cat]

 

[spanky]

Need help.

Just ran over a 20 oz. plastic coke bottle. I know it is someone else's property, because it is not mine. I am sorry to say that it was in like new condition, but is now completely destroyed. It was unavoidable, as a wind gust moved it at the last instant. I am on scene, and have attempted to ascertain ownership, to no avail. Short of DNA testing, I don't believe that will be possible.

I wish to avoid further legal consequences, including 4am warrant service. What is the appropriate administrative agency to report. Sanitation, Highways, or LE.

Morally, you are obligated to go door to door in order to find the rightful owner and notify them of your heinous action.