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McWHINEY v. DEPT. OF PUBLIC SAFETY

No. 19047-CA.

514 So.2d 1202 (1987)

Leroy McWHINEY, Sr., Plaintiff-Appellee, v. STATE OF LOUISIANA, DEPARTMENT OF PUBLIC SAFETY, DRIVER'S LICENSE DIVISION, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1987.

Attorney(s) appearing for the Case

James R. Phillips, Bossier City, for defendant-appellant.

M. Thomas Arceneaux, Shreveport, for plaintiff-appellee.

Before HALL, C.J., and JONES and SEXTON, JJ.

SEXTON, Judge.

The Department of Public Safety, Driver's License Division, State of Louisiana (the Department), has appealed a judgment in favor of the plaintiff, Leroy McWhiney, Sr., which reversed the Department's administrative order of suspension of his driver's license. We affirm the judgment.

On September 7, 1985, McWhiney was arrested for driving while intoxicated. The photo-electric intoximeter (PEI) test administered to him resulted in a blood alcohol...

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