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STATE v. WILLIAMS

No. 64277.

375 So.2d 931 (1979)

STATE of Louisiana, Applicant, v. Mark R. WILLIAMS, Respondent.

Supreme Court of Louisiana.

Dissenting Opinion October 24, 1979.

Attorney(s) appearing for the Case

Paula A. Perrone, New Orleans, for defendant-respondent.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leander H. Perez, Jr., Dist. Atty., Gilbert V. Andry, III, Sp. Counsel, Asst. Dist. Atty., for plaintiff-relator.

TATE, Justice.

In this negligent homicide prosecution, the essential issue before us concerns whether due process requires that an arrested driver be informed (warned), before he submits to a photo-electric intoximeter (PEI) test, that a presumption of criminal negligence will arise from a blood alcohol content reading which exceeds a certain percentage. We hold that such warning is not required, but that any presumption...

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