State v. Frederick

ORDER

WRIT DENIED:

Relator has not carried the burden of proof necessary to defeat the presumption of intoxication, as outlined below:

The presumption of intoxication is triggered by a .10 percent blood alcohol level. Operating a motor vehicle with a .10 percent blood alcohol level constitutes a violation of LSA-R.S. 14:98. State v. *213Broussard, 517 So.2d 1000 (La.App. 3 Cir.1987), writ denied 519 So.2d 105 (La.1987), citing State v. Singer, 457 So.2d 690 (La.App. 4 Cir.1984), writ denied 458 So.2d 465 (La.1984). This theory was also upheld in State v. Tran, 542 So.2d 648 (La.App. 5 Cir.1989). The…