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JAUBERT v. DEPARTMENT OF PUBLIC SAFETY

No. 6991.

323 So.2d 212 (1975)

Ralph JAUBERT v. DEPARTMENT OF PUBLIC SAFETY of the State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

November 11, 1975.

Attorney(s) appearing for the Case

Ovide M. Tregle, Jr., Robert B. Chopin, Metairie, for plaintiff-appellee.

Foye L. Lowe, Jr., Associate Gen. Counsel, Baton Rouge, for defendant-appellant.

Before SAMUEL, REDMANN, BOUTALL, SCHOTT and MORIAL, JJ.

MORIAL, Judge.

The Department of Public Safety (Department) appeals a decision of the district court restraining, enjoining and prohibiting it from interfering with plaintiff's driving privileges. We reverse and remand.

When arrested by law enforcement officers on December 22, 1973, Ralph Jaubert refused an Implied Consent Sobriety Test. LSA-R.S. 32:661 et seq. Upon receipt of the sworn report (LSA-R.S. 32:667) of the law enforcement officers, the Department...

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