Bruce v. Department of Public Safety

308 So. 2d 512, 1975 La. App. LEXIS 3669

Opinion

SCHOTT, Judge.

Plaintiff, having been once convicted of driving while intoxicated in March, 1970, was in November, 1973, again charged with driving while intoxicated. He then entered a plea of guilty to driving while intoxicated, the first offense, was sentenced accordingly, and the court recommended that his driver’s license not be revoked.

This appeal is from a dismissal of his petition for an injunction against the defendant from suspending or revoking his driver’s license pursuant to LSA-R.S. 32:414, subd. B.

His contention that he cannot be treated as a second offender under the cited statute because he pleaded guilty and was sentenced as a first offender upon his second conviction has already been passed upon by this Court in Smith v. Department of Public Safety, 254 So.2d 515 (La.App. 4th Cir. 1971).

Affirmed.