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GRAVES v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS OF STATE

No. 90 CA 1703.

590 So.2d 1290 (1991)

Timmy GRAVES v. The DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS OF the STATE of Louisiana.

Court of Appeal of Louisiana, First Circuit.

November 22, 1991.

Attorney(s) appearing for the Case

Kevin Monahan, Baton Rouge, for plaintiff.

Paul Schexnayder, Baton Rouge, for defendants.

Before LOTTINGER, EDWARDS, and GONZALES, JJ.

LOTTINGER, Judge.

This is a license suspension action in which plaintiff, Timmy Graves, had his driving privileges restored on grounds that his first D.W.I. conviction was set aside, pursuant to La.Code of Criminal Procedure article 894(B), and that the effect was an acquittal mandating that his second D.W.I. conviction be treated as a first conviction when assessing a license suspension in a civil proceeding.

The State has appealed the trial court's adoption...

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