McNeil v. State ex rel. Department of Public Safety
McNeil v. State ex rel. Department of Public Safety
Opinion of the Court
Appellant, Tracy McNeil, has appealed a judgment of the Twenty-Ninth Judicial District Court for the Parish of St. Charles, upholding an administrative decision by the Driver Improvement Division of the Louisiana State Department of Public Safety to revoke his driving privileges for a six-month period for refusing to submit to an intoxication test after he was arrested and charged with driving while intoxicated.
Briefly, the facts are these: At 1:30 a. m., on March 9, 1973, appellant was arrested by a state trooper in St. Charles Parish and charged with speeding and driving while intoxicated. Sheriff’s deputies asked him to submit to the photoelectric intoxi-meter (P.E.I.) test and advised him that his license could be suspended for a six-month period should he refuse. Appellant nonetheless declined.
We reverse solely on the basis of two recent appellate decisions, i. e., State v. Jones
For the reasons assigned, the judgment appealed from is reversed and the Driver Improvement Division of the Louisiana
REVERSED AND RENDERED.
. 316 So.2d 100 (La. 1975).
. 327 So.2d 492 (La.App. 4th Cir. 1976).
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