JOHNSON v. STATE, DEPT. OF PUBLIC SAFETY & CORR.

No. 91-669.

610 So.2d 863 (1992)

Allen G. JOHNSON, Jr., Plaintiff-Appellee, v. STATE, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Granted and Made Peremptory December 22, 1992.


Attorney(s) appearing for the Case

Paul Schexnayder, Asst. Atty. Gen., Baton Rouge, for defendant-appellant.

Salter, Streete & Hale, Stephen R. Streete, Lake Charles, for plaintiff-appellee.

Before DOMENGEAUX, C.J., LABORDE, J., and PATIN, J. Pro Tem.


DOMENGEAUX, Chief Judge.

Allen Johnson, Jr. filed a petition in district court seeking judicial review of an administrative ruling which suspended his driving privileges for failure to submit to a chemical test under La.R.S. 32:661. After conducting a trial de novo, the district court directed a verdict in Johnson's favor, reversing the administrative ruling and reinstating Johnson's driving privileges. On appeal, the Department of Public Safety and Corrections asked...

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