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SCHOTT v. STATE, THROUGH DPS

No. 88-1014.

556 So.2d 999 (1990)

Robert A. SCHOTT, Plaintiff-Appellee, v. STATE of Louisiana, through DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellant.

Court of Appeals of Louisiana, Third Circuit.

February 7, 1990.

Attorney(s) appearing for the Case

Elvin Fontenot, Jr., Leesville, for plaintiff-appellee.

Robert Roshton, Wayne R. Crouch, Paul Schexnayder, Baton Rouge, for defendant-appellant.

Before GUIDRY, STOKER and YELVERTON, JJ.

STOKER, Judge.

The Department of Public Safety has appealed the judgment of the trial court which granted a hardship license to the plaintiff, Robert A. Schott. The sole issue on appeal is plaintiff's entitlement to a hardship license.

Robert A. Schott was arrested and charged with driving while intoxicated, a violation of LSA-R.S. 14:98, on October 10, 1987. He was given his constitutional warnings and asked to submit to a breath test which he refused to...

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