State v. Orena
State v. Orena, 591 So. 2d 713 (La. Ct. App. 1st Cir. 1991).
Cited by
- Blanchard v. City Parish of East Baton Rouge 674 So. 2d 317 La. Ct. App. 1st Cir. 1996
- Adams v. City of Baton Rouge 673 So. 2d 624 La. Ct. App. 1st Cir. 1996
- Hemmans v. State Farm Ins. Co. 653 So. 2d 69 La. Ct. App. 4th Cir. 1995
- State v. Corley 617 So. 2d 1292 La. Ct. App. 3d Cir. 1993
- Jordan v. Intercontinental Bulktank Corp. 621 So. 2d 1141 La. Ct. App. 1st Cir. 1993
- Neuberger, Coerver & Goins v. Times Picayune Pub. 597 So. 2d 1179 La. Ct. App. 1st Cir. 1992
- Usner v. Strobach 592 So. 2d 1289 La. 1992
Opinion text
WRIT GRANTED AND MADE PEREMPTORY: La.R.S. 14:98 does not prohibit the use of an out of state conviction to enhance the penalty against a defendant for operating a vehicle while intoxicated. However, the use of an out of state conviction for enhancement purposes that does not comply with the statutory provisions of La.R.S. 14:98 may not be used. We thus find that the trial court must determine if the statutory provisions of the Texas DWI statute are substantially in conformance with the Louisiana DWI statute. Accordingly, the trial court’s order granting the defendant’s motion to quash is vacated, reversed and set aside and the case is remanded to the trial court for proceedings consistent with the views herein expressed.