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FERNANDEZ v. DEPT. OF PUBLIC SAFETY & CORR.

No. 93-CA-510.

628 So.2d 1338 (1993)

Girard J. FERNANDEZ, Jr. v. DEPT. OF PUBLIC SAFETY & CORRECTIONS, LICENSE CONTROL AND DRIVER IMPROVEMENT DIV., State of Louisiana.

Court of Appeal of Louisiana, Fifth Circuit.

December 15, 1993.

Attorney(s) appearing for the Case

Girard J. Fernandez, Sr. New Orleans, for plaintiff-appellant.

Robert L. Roshto, Baton Rouge, for defendant-appellee.

Before BOWES, GRISBAUM and DUFRESNE, JJ.

DUFRESNE, Judge.

Plaintiff, Girard J. Fernandez, Jr., appeals a district court's judgment sustaining the suspension of his driving privileges for 180 days by the Louisiana Department of Public Safety and Corrections, pursuant to LSA-R.S. 32:661 et seq., due to Fernandez's alleged refusal to submit to a breath alcohol test. On September 20, 1992, Girard J. Fernandez, Jr. (plaintiff) was arrested on suspicion of operating a motor vehicle under the influence of alcohol...

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