No. 6623 Precedential Processed

Bruce v. Department of Public Safety

Louisiana Court of Appeal, First Circuit · Filed February 13, 1975 · 308 So. 2d 512

Also decided on this docket: La. Ct. App. 1st Cir., April 4, 1966 185 So. 2d 607

Authorities cited

Identified automatically; this list may not be exhaustive.

Smith v. Department of Public Safety 254 So. 2d 515

Opinion text

SCHOTT, Judge. Plaintiff, having been once convicted of driving while intoxicated in March, 1970, was in November, 1973, again charged with driving while intoxicated. He then entered a plea of guilty to driving while intoxicated, the first offense, was sentenced accordingly, and the court recommended that his driver’s license not be revoked. This appeal is from a dismissal of his petition for an injunction against the defendant from suspending or revoking his driver’s license pursuant to LSA-R.S. 32:414, subd. B. His contention that he cannot be treated as a second offender under the cited statute because he pleaded guilty and was sentenced as a first offender upon his second conviction has already been passed upon by this Court in Smith v. Department of Public Safety, 254 So.2d 515 (La.App. 4th Cir. 1971). Affirmed.