Hayden v. State, Department of Public Safety

FORET, Judge.

Defendant-appellant, State of Louisiana, Department of Public Safety, appeals from a judgment granting plaintiff, Michael R. Hayden, a restoration of his suspended driving privileges pursuant to La.R.S. 32:415.1. The State did not make an appearance in the trial court and has filed an exception of no cause of action on appeal, as well as addressing the merits of the case. La.C.C.P. art. 927.

To state a cause of action under La.R.S. 32:415.1A(1), the plaintiff must allege in his petition that the suspension complained of is his first suspension. Sibley v. Louisiana Dept. of Public…