Opinion Number

Dear Mr. King,

This office is in receipt of your opinion request dated September 8, 1995. You present an inconsistency between two recent Acts of the 1995 Regular Session, Act 995 and Act 1036 regarding a police officer's right to retain the driver's license of an individual cited for a traffic offense.

Act No. 995 (1995) amends and reenacts LSA-R.S. 32:411 to authorize that certain persons shall be released upon the signing of the `promise to appear' portion of the traffic citation. Specifically, LSA-R.S. 32:411(A)(4), as enacted by Act 995, states:

Whenever any person who resides in this state…