CARMOUCHE v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

No. 93-CA-57.

618 So.2d 1220 (1993)

Don F. CARMOUCHE v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, State of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

May 12, 1993.


Attorney(s) appearing for the Case

Paul Schexnayder, Baton Rouge, for defendant/appellant Dept. of Public Safety.

Norman A. Pettingill, New Orleans, for plaintiff/appellee Don F. Carmouche.

Before GRISBAUM, GOTHARD and CANNELLA, JJ.


CANNELLA, Judge.

Defendant, Department of Public Safety and Corrections, State of Louisiana (the State), appeals from a judgment which recalls the suspension of the drivers license of plaintiff, Don Carmouche, for refusal to take the breath analyzer test and orders the State to issue to plaintiff a drivers license. We reverse and reinstate the judgment of the administrative hearing.

Plaintiff was driving north on Severn Avenue in Metairie, Louisiana on the...

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