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CITY OF BATON ROUGE v. MITCHELL

No. 56666.

325 So.2d 588 (1976)

CITY OF BATON ROUGE v. Wilford MITCHELL.

Supreme Court of Louisiana.

January 19, 1976.

Attorney(s) appearing for the Case

P. Raymond Lamonica, Supervising Atty., LSU Clinical Legal Education Program, Baton Rouge, S. Joseph Liberto, J. Terry Ryder, Legal Interns, for plaintiff-relator.

Joseph A. Perrault, Jr., Michael J. Uter, Baton Rouge, for defendant-respondent.

DIXON, Justice.

We granted writs in this case to review a ruling by the Baton Rouge City Court that a police officer cannot administer a Photo-Electric Intoximeter (PEI) Test to a motorist he suspects is under the influence of alcohol, unless he first issues a citation (or arrests him) for another, distinct driving offense.

On May 26, 1974 Officer Daniel Cosse of the Baton Rouge City Police observed a vehicle, driven by Wilford Mitchell, enter an intersection...

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