BROWN, J.
The state charged defendant, Gerald Withers, with D.W.I.-third offense, a violation of La.R.S. 14:98(D), punishable at the time of the offense, July 17, 1999, by imprisonment at hard labor for not less than one year nor more than five years, at least six months of which "shall be" without benefit, a mandatory fine of $2,000 and with a requirement that the vehicle being driven by the offender at the time of the offense shall be seized, impounded and sold...
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