Spataro v. STATE, DEPT. OF PUBLIC SAFETY & CORR.

577 So. 2d 795, 1991 WL 45786
CourtLouisiana Court of Appeal
DecidedApril 3, 1991
Docket22139-CA
StatusPublished
Cited by3 cases

This text of 577 So. 2d 795 (Spataro v. STATE, DEPT. OF PUBLIC SAFETY & CORR.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spataro v. STATE, DEPT. OF PUBLIC SAFETY & CORR., 577 So. 2d 795, 1991 WL 45786 (La. Ct. App. 1991).

Opinion

577 So.2d 795 (1991)

Charles V. SPATARO, Jr. Plaintiff/Appellee,
v.
The STATE of Louisiana Through the DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF MOTOR VEHICLES, Defendant/Appellant.

No. 22139-CA.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1991.

James R. Phillips, Bossier City, for defendant/ appellant.

Robert W. Raley, Bossier City, for plaintiff/ appellee.

Before SEXTON, LINDSAY and BROWN, JJ.

LINDSAY, Judge.

The defendant, the State of Louisiana, through the Department of Public Safety and Corrections, Office of Motor Vehicles (the Department), appeals from a trial court judgment finding that a driver's license issued on December 6, 1986, to the plaintiff, Charles V. Spataro, Jr., is valid and in good standing. We affirm the trial court judgment.

FACTS

On May 18, 1983, the plaintiff was convicted of driving while intoxicated, second offense. As a consequence of that conviction, the plaintiff was notified by the Department of Public Safety on July 23, 1983 that his license was being revoked for one year pursuant to LSA-R.S. 32:414. The plaintiff received notice of this revocation on August 1, 1983. However, on July 31, 1983, the plaintiff was stopped for a traffic violation and his driver's license was confiscated by Bossier City Police officers.

On August 2, 1983, plaintiff filed a rule against the Department, seeking a restricted license under LSA-R.S. 32:415.1, claiming that because he was employed as a truck driver, he required a restricted license in order to earn a livelihood. In connection with his petition for a restricted license, plaintiff also obtained a temporary restraining order prohibiting the revocation of his driving privileges "until the return date of the rule nisi issued herein." The rule was made returnable on August 25, 1983. He also obtained an order directing the Bossier City Police to return his license, forthwith.

*796 On or about August 25, 1983, a hearing was held on plaintiff's petition for a restricted license.[1] At the conclusion of the hearing, the court ruled that the plaintiff was entitled to receive a restricted license. However, this ruling was never reduced to a written judgment. Therefore, Mr. Spataro never obtained a restricted license. Presumably, Mr. Spataro simply continued to drive on his current license which the trial court had ordered returned to him by the Bossier Police before the 1983 hearing.

On December 8, 1986, Mr. Spataro obtained an unrestricted driver's license. The Department never detected from their records that his driver's license had been under revocation or that it should have been issued with restrictions.

In late 1989, the plaintiff was again stopped for a traffic offense. At that time, the Department's computer records showed that his driver's license had been ordered revoked in 1983.

On September 7, 1989, the plaintiff filed the present rule to show cause and obtained a restraining order, arguing that the period of revocation following his 1983 conviction had been completed and that his current license was valid.

On October 26, 1989, a hearing was held on plaintiff's claim that his 1986 driver's license was valid and in good standing. The plaintiff argued that the one year revocation period had long since expired and that his license was no longer under revocation. The Department argued that the temporary restraining order which the plaintiff obtained in 1983 prevented the one year revocation period from beginning to run. The Department argued that because the plaintiff never obtained a written judgment allowing him to obtain a restricted driver's license and because he was not subjected to a one year revocation period or a period with a restricted license, no penalty had ever been imposed on him as required by law.

The case was presented to the trial court on stipulations. The court found in favor of the plaintiff. The court stated that even though no judgment was ever signed awarding Mr. Spataro a restricted driver's license, and even though he never obtained such a license, he had operated a vehicle for approximately five years without "any violation of the law." The court stated that the Department's computer should have revealed the 1983 revocation proceedings before the regular driver's license was issued in 1986. However, since the state did, in fact, issue the 1986 license, that license was valid.

Accordingly, the trial court ordered the Department to amend its records to reflect that the plaintiff's 1986 driver's license was valid and in good standing. The Department appealed.

DISCUSSION

LSA-R.S. 32:414(B) provides that following a conviction or plea of guilty for driving while intoxicated second offense, the Department shall forthwith revoke the license of the person adjudicated for a period of twelve months.[2] When the Department orders the revocation of a driver's license under this statute, the twelve month period of revocation begins to run when the Department receives the person's driver's license, when the license expires or upon proof of its loss. LSA-R.S. 32:414(G)(1)(a).[3]

*797 However, rather than suffer a total revocation of his license, a person may seek a restricted driver's license in order to enable him to earn a livelihood. The procedure for obtaining a restricted driver's license is outlined in LSA-R.S. 32:415.1(A)(1).[4]

If suit for a restricted driver's license is filed and the court finds, after a contradictory hearing with the Department, that a person requires a driver's license to enable him to continue to earn a livelihood, the court may grant a restricted license. LSA-R.S. 32:415.1(A).

After the court has ruled that a person is entitled to a restricted license and sets the restrictions, the person must follow the procedure set forth in LSA-R.S. 32:415.1(B) which provides:

B. A copy of the order shall be sent to the department along with a copy of the conviction notice. A copy of the order containing the restrictions shall be attached to the license of the person convicted and must be in possession of the person whenever he is operating a motor vehicle. A restricted license shall be issued by the department and designated by a large red R printed on the face of the license. The term of the restrictions shall be the same as the original suspension, cancellation or revocation.

In this case, plaintiff's license was revoked by order of the Department on or about July 23, 1983. However, that revocation order was stayed by the trial court's temporary restraining order issued on August 2, 1983. The effect of this temporary restraining order was to stay the Department's revocation order until the hearing, which was held on or about August 25, 1983. After this hearing, the stay order was no longer in effect. Following the hearing, in order for plaintiff to obtain a restricted driver's license, it was incumbent upon him to obtain a written judgment/order and present it to the Department in accordance with LSA-R.S. 32:415.1(B), supra. Until that occurred, no restricted license could be issued nor was a restricted license in effect, even though the trial court had approved the issuance of such a license at the conclusion of the 1983 hearing. As in other civil cases where a trial court renders a decision at the conclusion of the trial, the ruling or decision does not become effective until a written judgment is signed by the trial court. LSA-C.C.P. Art. 1911.

Since no written judgment or order was signed by the trial court, no restrictive license was ever issued.

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Bluebook (online)
577 So. 2d 795, 1991 WL 45786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spataro-v-state-dept-of-public-safety-corr-lactapp-1991.