Wilkinson v. State, Department of Public Safety & Corrections

SEXTON, Judge.

The State of Louisiana, through the Department of Public Safety and Corrections (the Department), appeals a trial court judgment holding that judicial review of a driver’s license suspension is restricted to a review of the administrative record. As a trial de novo is required in such a case, we reverse and remand.

In September 1990, Norman B. Wilkinson was arrested for DWI in West Monroe, Louisiana. He allegedly refused to submit to a chemical test for intoxication. As a result, the Department sought to suspend his driver’s license. LSA-R.S. 32:667. Mr. Wilkinson requested and…