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CITY OF BATON ROUGE v. VAN VALKENBURG

No. 51288.

249 So.2d 189 (1971)

259 La. 23

CITY OF BATON ROUGE v. Rudy VAN VALKENBURG.

Supreme Court of Louisiana.

June 7, 1971.

Attorney(s) appearing for the Case

Joseph F. Keogh, Parish Atty., Ernest R. Eldred, City Prosecutor, for plaintiff-appellant.

J. J. McKernan, Brown, McKernan, Monsour & Screen, Baton Rouge, for defendant-appellee.

SANDERS, Justice.

The City of Baton Rouge charged Rudy Van Valkenburg with refusing a chemical breath test for intoxication in violation of Section 233, Title 11 of the Baton Rouge City Code, applicable to automobile drivers. The defendant filed a motion to quash the affidavit, alleging that the ordinance on which the charge was based was unconstitutional. On March 4, 1971, the court held a hearing on the motion. The defendant and the city attorney filed a joint stipulation...

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