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WESTERMAN v. DEPT. OF PUBLIC SAFETY AND CORRECTIONS

No. CA 89 1720.

572 So.2d 351 (1990)

Kenny J. WESTERMAN v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.

Court of Appeal of Louisiana, First Circuit.

December 18, 1990.

Attorney(s) appearing for the Case

Ralph D. Hillman, Thibodaux, for plaintiff-appellee Kenny J. Westerman.

Paul Schexnayder, Staff Atty., Dept. of Public Safety, Baton Rouge, for defendant-appellant Louisiana Dept. of Public Safety and Corrections.

Before EDWARDS, WATKINS and LeBLANC, JJ.

LeBLANC, Judge.

This appeal is from a judgment of the district court vacating a suspension of appellee's driver's license imposed by the Department of Public Safety (DPS). DPS now appeals this decision. We reverse, finding the district court erred in concluding a person must be informed of his rights relative to a breath alcohol test simultaneously with the request that he submit to that test.

In the instant case appellee, Kenny J. Westerman, was arrested...

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