State v. Carr

I «KUHN, J.

Defendant, John Carr, was charged by bill of information with one count of third offense driving while intoxicated, a violation of La.R.S. 14:98. He pled not guilty. Thereafter, he filed a motion to quash the bill of information on grounds that it charged that he “operated a bicycle while under the influence of alcoholic beverages ...,” and that this conduct was not prohibited by La.R.S. 14:98. Following a hearing, the motion to quash was granted. The State files the instant appeal.

FACTS

The facts surrounding defendant’s arrest were revealed at a motion for preliminary examination…