City of Baton Rouge v. Mahnken

The defendant, Richard Mahnken, was charged, by affidavit, with operating a motor vehicle while under the influence of alcoholic beverages, in violation of Section 98 of Title 14 of the Louisiana Revised Statutes. The defendant filed a Motion to Quash the affidavit alleging that pursuant to Act 233 of 1970 (La.R.S. 13:1894.1) defendant was charged under La.R.S. 14:98 rather than under the appropriate city ordinance, and that R.S. 13:1894.1 is unconstitutional in its application to this case for the reason that it conflicts with the Charter of the City of Baton Rouge, which is protected by…