Corley v. State, Department of Public Safety & Corrections, Office of Motor Vehicles

liPER CURIAM.

The salient issue in the present case is whether or not the trial court has the authority to grant a restricted driver’s license during the first thirty days of a ninety day suspension for failure to pass a breath analysis test under the Implied Consent Law.

Plaintiff-appellee, Jeffery G. Corley, was arrested on January 16, 1993, when he failed a breath analysis test. The Department sought to suspend plaintiffs driver’s license for ninety days under the Implied Consent Law, LSA-R.S. 32:661 et seq. Plaintiff filed a petition in the district court seeking to overturn the decision of…