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STATE v. ROSSI

No. 98-KH-1253.

734 So.2d 102 (1999)

STATE of Louisiana v. Brian J. ROSSI.

Court of Appeal of Louisiana, Fifth Circuit.

April 14, 1999.

Attorney(s) appearing for the Case

G. Patrick Hand, III, Gretna, Attorney for Relator.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Assistant District Attorney, Gretna, Attorneys for State.

Panel composed of Judges SOL GOTHARD, MARION F. EDWARDS and SUSAN M. CHEHARDY.

EDWARDS, Judge.

Defendant was convicted of driving while intoxicated in violation of LSA-R.S. 14:98. The statute does not require proof that the defendant was driving a vehicle, and the jurisprudence recognizes that the term "operating" is broader than the term "driving." State v. Jones, 97-1687 (La.App. 1st Cir. 5/15/98), 714 So.2d 819. However, in order to operate a motor vehicle, defendant must have exercised some control...

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