STATE v. CACCIOPPO

No. 10-KA-385.

61 So.3d 61 (2011)

STATE of Louisiana v. Elizabeth Ann CACCIOPPO.

Court of Appeal of Louisiana, Fifth Circuit.

February 15, 2011.


Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , DesirÉe M. Valenti , Assistant District Attorneys, Parish of Jefferson, Gretna, LA, for Plaintiff/Appellee.

Julie C. Tizzard , Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and JUDE G. GRAVOIS.


JUDE G. GRAVOIS, Judge.

Defendant, Elizabeth Ann Caccioppo, appeals her conviction for driving while intoxicated, fourth offense, in violation of LSA-R.S. 14:98(E). Defendant pled guilty as charged under State v. Crosby, 338 So.2d 584 (La.1976), following the denial of her motion to suppress evidence. Defendant argues on appeal that her blood sample was inadmissible because she was not "under arrest" at the time the investigating...

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