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STATE v. WADDELL

No. 2012-KA-0111.

102 So.3d 1025 (2012)

STATE of Louisiana v. James E. WADDELL.

Court of Appeal of Louisiana, Fourth Circuit.

October 24, 2012.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for State of Louisiana/Appellee.

Ann B. Steinhardt , New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge EDWIN A. LOMBARD, Judge MADELEINE M. LANDRIEU, Judge ROSEMARY LEDET).

MADELEINE M. LANDRIEU, Judge.

Mr. James Waddell filed a motion to quash a bill of information charging him with a violation of Louisiana Revised Statute 14:98(D)(1)(a), third offense driving while intoxicated (DWI). Mr. Waddell alleged that his first arrest for driving while intoxicated was outside the ten-year cleansing period set forth in Louisiana Revised Statute 14:98(F)(2) and should not be used to enhance the current offense. The trial court denied the motion...

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