Louisiana Court of Appeal, 1975

Vance v. Department of Public Safety

Vance v. Department of Public Safety
Louisiana Court of Appeal · Decided February 13, 1975 · Gulotta, Lemmon, Redmann
308 So. 2d 325; 1975 La. App. LEXIS 3656 (Southern Reporter, Second Series)

Vance v. Department of Public Safety

Opinion of the Court

REDMANN, Judge.

The excluded but proffered police report indicates plaintiff-appellee rear-ended a stopped car. Despite plaintiff’s refusal on Fifth Amendment grounds to testify at the departmental hearing and in the trial court, the requirement of security or suspension of her driver’s license was proper. Cross v. Waguespack, La.App.1975, 308 So.2d 321.

Reversed.

*326GULOTTA, J., concurs.

Concurring Opinion

GULOTTA, Judge

(concurring).

I concur with the result. The trial judge set aside the order of suspension of plaintiff’s license on grounds that evidence relied on by the Department (police report and accident report) violated best evidence rule as well as the right of confrontation of the person who prepared the reports. Evidence of certified copy of police report is admissible. See LSA-R.S. 13:3711 and LSA-C.C.P. art. 1394. The question of the hearsay nature of the reports is disposed of in Cross v. Waguespack, 308 So.2d 321 (La.App. 1975).

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