Lattier v. Department of Public Safety
Also decided on this docket: La. Ct. App. 1st Cir., March 2, 1982 411 So. 2d 567
Lattier v. Department of Public Safety, 403 So. 2d 809 (La. Ct. App. 1st Cir. 1981).
Cited by
- Mitchell v. State, Department of Public Safety, License Control & Driver Improvement Division 476 So. 2d 922 La. Ct. App. 2d Cir. 1985
Authorities cited
Identified automatically; this list may not be exhaustive.
- Hazley v. State ex rel. Department of Public Safety 388 So. 2d 115
- Barron v. STATE, DEPT. OF PUBLIC SAFETY LICENSE CONTROL 397 So. 2d 29
- Wheeler v. STATE, DEPT. OF PUB. SAFETY, ETC. 377 So. 2d 539
Opinion text
MARVIN, Judge. Lattier was adjudged an habitual offender under LRS 32:1472 before Act 347 of *810 1979, amending LRS 32:1479, became effective. This amendment requires an habitual offender to complete the 5-year suspension before becoming eligible for driving privileges. The trial court ruled that the amendment would not be applied retroactively and allowed Lattier restricted driving privileges. Since that ruling, three of the four Louisiana appellate courts have held that the amendment will be given retroactive application. Hazley v. State through Dept. of Public Safety, 388 So.2d 115 (La.App. 1st Cir. 1980); Barron v. State, Dept. of Public Safety, 397 So.2d 29 (La.App.2d Cir. 1981); Wheeler v. State, Dept. of Pub. Safety, etc., 377 So.2d 539 (La.App.3d Cir. 1979). The judgment appealed is reversed and plaintiff’s demands are rejected at his cost.