STATE v. CHESTNUT

No. K 2389.

462 So.2d 674 (1984)

STATE of Louisiana v. Harold CHESTNUT.

Court of Appeal of Louisiana, Fourth Circuit.

December 4, 1984.


Attorney(s) appearing for the Case

John F. Rowley, Dist. Atty., Victor J. Dauterive, Jr., Asst. Dist. Atty., Chalmette, for State.

J. Wayne Mumphrey, Jeffrey Perigoni, Chalmette, for relator.

Before REDMANN, C.J., and GARRISON and BARRY, JJ.


REDMANN, Chief Judge.

We granted certiorari to afford to relator appellate review of his conviction and sentence of ten days and $125 fine for operating a motor vehicle while "under the influence of alcoholic beverages," La.R.S. 14:98.

Relator's complaint relative to the form reciting his refusal to be tested by photoelectric intoximeter is pretermitted as legally insignificant in our context. Refusal to be tested is irrelevant to the charged offense (although...

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