Legal Opinion
McWhiney v. State, Department of Public Safety
Louisiana Court of Appeal
Decided October 28, 1987No. 19047-CAPublishedCited by 2 opinions
1Opinion of the Court
SEXTON, Judge.
The Department of Public Safety, Driver’s License Division, State of Louisiana (the Department), has appealed a judgment in favor of the plaintiff, Leroy McWhiney, Sr., which reversed the Department’s administrative order of suspension of his driver’s license. We affirm the judgment.
On September 7, 1985, McWhiney was arrested for driving while intoxicated. The photo-electric intoximeter (PEI) test administered to him resulted in a blood alcohol reading of .105 percent. In accordance with the implied consent law, LSA-R.S. 32:661, et seq., the Department of Public Safety suspended…
2Cases cited6 opinions
- State v. JonesSupreme Court of Louisiana · 1975
- Meyer v. STATE, DEPT. OF PUBLIC SAFETY LIC. CON., ETC.Supreme Court of Louisiana · 1975
- State v. MorrisonSupreme Court of Louisiana · 1980
- State v. LoveLouisiana Court of Appeal · 1975
- State v. GregorySupreme Court of Louisiana · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Allen v. State, Dept. of Public SafetyLouisiana Court of Appeal · 1989
- Cole v. State, Department of Public SafetyLouisiana Court of Appeal · 1987