SIMMONS v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

No. 2007-CA-0572.

975 So.2d 1 (2007)

Debra L. SIMMONS v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Office of Motor Vehicles.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 23, 2008.


Attorney(s) appearing for the Case

Stephen A. Quidd, Dept. of Public Safety & Corrections, Baton Rouge, LA, for Defendant/Appellant.

(Court composed of Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME).


DAVID S. GORBATY, Judge.

Debra L. Simmons sought judicial review in the district court of an order suspending her driver's license for 545 days as a result of her second reported refusal to submit to a chemical test for suspected intoxication while driving. The district court granted her motion for summary judgment, vacating the order of suspension. The Department of Public Safety and Corrections, Office of Motor Vehicles (hereinafter DPS) appeals that judgment.<...

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