City of New Orleans v. Harrison

TATE, Justice.

The issue before us is whether a recent state enactment, Act 233 of 1970, has de*925prived the Traffic Court of New Orleans of its jurisdiction to try offenses based on operating a vehicle while intoxicated.

The defendant Harrison is charged with “driving while intoxicated” in violation of an ordinance of the City of New Orleans. He files a motion to quash the prosecution in the Traffic Court of New Orleans on the ground that this tribunal is deprived of jurisdiction to try the offense by Act 233 of 1970 (La.R.S. 13:1894.1). The trial court held this statute unconstitutional and…