Supreme Court of Louisiana, 1977

City of Baton Rouge v. Avants

City of Baton Rouge v. Avants
Supreme Court of Louisiana · Decided September 21, 1977 · Tate
349 So. 2d 882; 1977 La. LEXIS 5963 (Southern Reporter, Second Series)

City of Baton Rouge v. Avants

Concurring Opinion

TATE, J.,

concurs in the denial. From the evidence, a valid suspension for at least one year beyond the offense of March 11, 1976, may be inferred; See La.R.S. 32:412, subd. A, so the offense in question occurred during the period of suspension.

Opinion of the Court

In re: Johnny -R. Avants applying for remedial writs.

Writ denied. There is some evidence of each element of the offense, applicant’s construction of statute relative to driver’s license expiration is incorrect, and prosecution of State DWI at time of this trial was not legally impermissible.

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