SMITH v. STATE (DEPT. OF PUBLIC SAFETY)

No. 6434.

358 So.2d 996 (1978)

Joseph SMITH, Plaintiff-Appellee, v. STATE of Louisiana (DEPARTMENT OF PUBLIC SAFETY), Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 11, 1978.


Attorney(s) appearing for the Case

Don R. Wilson, Knoll & Knoll by J. Edward Knoll, Marksville, for plaintiff-appellee.

Michael C. Barron, Baton Rouge, for defendant-appellant.

Before CULPEPPER, DOMENGEAUX and CUTRER, JJ.


DOMENGEAUX, Judge.

In this civil proceeding, La.R.S. 32:1479, the "prohibition" provision of the Motor Vehicle Habitual Offender Law, is interpreted.

Plaintiff, Joseph L. Smith, was adjudicated an habitual offender, as defined by La. R.S. 32:1472, by the District Court of Avoyelles Parish on September 8, 1977, and his driving privileges were revoked in accordance with the mandatory penalty provisions of La.R.S. 32:1477. On September 12, 1977, he filed a petition...

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