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STATE v. FREDERICK

No. K90-473.

561 So.2d 211 (1990)

STATE of Louisiana, Plaintiff-Respondent, v. Gerald E. FREDERICK, Defendant-Relator.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied June 22, 1990.

Attorney(s) appearing for the Case

J. Lomax Jordan, Jr., Lafayette, for defendant-relator.

David Hutchins, Asst. Dist. Atty., Lafayette, for plaintiff-respondent.

Before FORET, STOKER and KING, JJ.

ORDER

WRIT DENIED:

Relator has not carried the burden of proof necessary to defeat the presumption of intoxication, as outlined below:

The presumption of intoxication is triggered by a .10 percent blood alcohol level. Operating a motor vehicle with a .10 percent blood alcohol level constitutes a violation of LSA-R.S. 14:98. State v. Broussard, 517 So.2d 1000

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