Jefferson v. State, Department of Public Safety & Corrections

Plaintiff, George E. Jefferson, filed a petition for a restricted driver’s license, but failed to allege or show that the current suspension of his license was his first. The Department of Public Safety (“DPSC”) did not answer the petition, filed no peremptory exception prior to trial, and made no appearance at trial. Instead, after the trial court awarded Jefferson a restricted license, DPSC appealed suspen-sively and then filed a peremptory exception of no cause of action in this Court.

This case closely mirrors Tuttle v. Department of Public Safety and Corrections, 579 So.2d 1150 (La.App.…