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WILKINSON v. STATE, DEPT. OF PUBLIC SAFETY

No. 23069-CA.

590 So.2d 1337 (1991)

Norman B. WILKINSON, Plaintiff-Appellee, v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 4, 1991.

Attorney(s) appearing for the Case

Department of Public Safety by Stephen A. Quidd, Baton Rouge, for defendant-appellant.

Charles R. Blaylock, Monroe, for plaintiff-appellee.

Before SEXTON, LINDSAY and BROWN, JJ.

SEXTON, Judge.

The State of Louisiana, through the Department of Public Safety and Corrections (the Department), appeals a trial court judgment holding that judicial review of a driver's license suspension is restricted to a review of the administrative record. As a trial de novo is required in such a case, we reverse and remand.

In September 1990, Norman B. Wilkinson was arrested for DWI in West Monroe, Louisiana. He allegedly refused to submit to a chemical...

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