Legal Opinion

State v. Gardette

Louisiana Court of Appeal

Decided May 17, 2000No. 00-KA-38PublishedCited by 3 opinions

1Opinion of the Court

19C HE HARDY, Judge.

The State appeals the district court’s ruling which granted the defendant’s motion to quash the bill of information in this prosecution for driving while intoxicated, third offense. We reverse and remand.

On October 1, 1998, the Jefferson Parish District Attorney’s Office filed a bill of information charging that defendant, David W. Gardette, violated La. R.S. 14:98(D) (third-offense DWI) on September 4, 1998 “in that he, having been twice convicted ... in violation of R.S. 14:98, [did] wilfully and unlawfully drive a motor vehicle while intoxicated.” On October 15, 1998,…

2Cases cited15 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. State v. SheltonSupreme Court of Louisiana · 1993
  3. State v. JonesSupreme Court of Louisiana · 1981
  4. State v. CarlosSupreme Court of Louisiana · 1999
  5. State v. GallianoSupreme Court of Louisiana · 1981

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3Cited by3 opinions

  1. State v. DavisLouisiana Court of Appeal · 2003
  2. State v. VuLouisiana Court of Appeal · 2003
  3. State v. WelchLouisiana Court of Appeal · 2012

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