State v. Janise

KNOLL, Judge.

Defendant, Michael T. Janise, was charged by bill of information with driving while intoxicated, a violation of LSA-R.S. 14:98. At trial on the merits the trial judge ruled that the arresting officer did not have probable cause to request defendant to perform field sobriety or breath tests, and accordingly found the rights’ form defendant signed regarding an intoxilyzer test inadmissible. At this point the trial proceeding was halted, pending the State’s application to us for a writ of certiorari to review the trial court’s evidentiary ruling. We reverse.

FACTS

On the night of July…