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STATE v. JANISE

No. K88-158.

528 So.2d 245 (1988)

STATE of Louisiana, Plaintiff-Relator, v. Michael T. JANISE, Defendant-Respondent.

Court of Appeal of Louisiana, Third Circuit.

July 6, 1988.

Attorney(s) appearing for the Case

D. Keith Wall, Asst. Dist. Atty., Jennings, for plaintiff-relator.

Stewart Thomas, Thomas & Cassidy, Jennings, and John Craton, Crowley, for defendant-respondent.

Before FORET, YELVERTON and KNOLL, JJ.

KNOLL, Judge.

Defendant, Michael T. Janise, was charged by bill of information with driving while intoxicated, a violation of LSA-R.S. 14:98. At trial on the merits the trial judge ruled that the arresting officer did not have probable cause to request defendant to perform field sobriety or breath tests, and accordingly found the rights' form defendant signed regarding an intoxilyzer test inadmissible. At this point the trial proceeding was halted, pending the State...

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