NOUSTENS v. STATE

No. 87-CA-695.

524 So.2d 235 (1988)

Brian NOUSTENS v. STATE of Louisiana, Through the DEPARTMENT OF PUBLIC SAFETY.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 17, 1988.


Attorney(s) appearing for the Case

Bryan Pedeaux, Dan L. Gilbert, New Orleans, for plaintiff-appellee.

Robert L. Roshto, Deputy Gen. Counsel, Dept. of Public Safety, Baton Rouge, for defendant-appellant.

Before CHEHARDY, KLIEBERT and GAUDIN, JJ.


KLIEBERT, Judge.

Plaintiff-appellee, Brian Noustens, was arrested on May 24, 1987 for alleged violation of R.S. 14:98 (first offense DWI). The breath analysis test showed plaintiff to have a blood alcohol level above .10 percent. He pled guilty and was sentenced. His sentence did not include suspension of his driver's license. However, at the time of his arrest, his driver's license was seized preliminary to a suspension...

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