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SMITH v. STATE THROUGH DEPT. OF PUB. SAFETY

No. 62182.

366 So.2d 1318 (1978)

Joseph L. SMITH v. STATE of Louisiana, Through DEPARTMENT OF PUBLIC SAFETY.

Supreme Court of Louisiana.

December 15, 1978.

Attorney(s) appearing for the Case

Michael C. Barron, Baton Rouge, Special Counsel, Dept. of Public Safety, for defendant-respondent.

Charles W. Rea, Baton Rouge, amicus curiae in support of plaintiff-applicant.

Donald R. Wilson, Marksville, for plaintiff-applicant.

DENNIS, Justice.

The issue in this case is whether the five-year revocation of an habitual offender's driving privileges under the Motor Vehicle Habitual Offender Law, La.R.S. 32:1471-81, is absolute or subject to modification for good cause within the court's discretion.

Petitioner, Joseph L. Smith, was declared to be an habitual offender and ordered to surrender his driver's license. Shortly afterward, in a separate...

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