City of Baton Rouge v. Van Valkenburg

SANDERS, Justice.

The City of Baton Rouge charged Rudy Van Valkenburg with refusing a chemical breath test for intoxication in violation of Section 233, Title 11 of the Baton Rouge City Code, applicable to automobile drivers. The defendant filed a motion to quash the affidavit, alleging that the ordinance on which the charge was based was unconstitutional. On March 4, 1971, the court held a hearing on the motion. The defendant and- the city attorney filed a joint stipulation of facts. Other evidence was also introduced. The city attorney offered the “1968 .Alcohol and Highway Safety Report/’…