Davis v. State, Department of Public Safety-License Control & Drivers Improvement Division

LOTTINGER, Judge.

This is a suit to enjoin the suspension of a driver’s license; from a judgment in favor of the defendant maintaining the suspension, the plaintiff has appealed.

On June 7, 1974, Thomas C. Davis, plaintiff-appellant, was arrested and charged with the violation of LSA-R.S. 14:98, driving while intoxicated. As a result of the plaintiff-appellant’s refusal to submit to a Photo-Electric Intoximeter test (PEI), the State of Louisiana, Department of Public Safety, License Control and Driver Improvement Division, defendant-appellee, held an administrative hearing on October 14, 1975,…